# Kim Davis asks Supreme Court to overturn gay marriage ruling of 2015
**URL:** https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943
**Category:** The BBQ Pit
**Created:** [August 11, 2025, 9:51pm UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943 "2025-08-11T21:51:35Z")
**Posts on this page:** 20
**Page:** 5
### Author:  [@Atamasama](https://boards.straightdope.com/u/Atamasama)
#### Post date: [August 15, 2025, 1:12am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/81 "2025-08-15T01:12:26Z")
> [@Monty](#):
>
> Aside: I had mistyped “Biblical” a “Biblican”. Now that I think about it, “Biblican” isn’t really wrong, after all.
The Rebiblican Party
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### Author:  [@Monty](https://boards.straightdope.com/u/Monty)
#### Post date: [August 15, 2025, 1:13am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/82 "2025-08-15T01:13:05Z")
The repugnabiblicans.
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### Author:  [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)
#### Post date: [August 15, 2025, 1:37am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/83 "2025-08-15T01:37:17Z")
I mean, I thought I summarized the State’s arguments already. Even if you don’t agree with it, it’s not hard to understand a State’s argument that marriage is the social contract under the aegis of which children are primarily conceived and brought into the world. Reproduction and the continuation of society is inarguably a compelling state interest. Same sex marriages cannot result in children (without outside assistance), thus the restricting of marriage to opposite sex couples is a reasonable means to achieve this.
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### Author:  [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)
#### Post date: [August 15, 2025, 1:41am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/84 "2025-08-15T01:41:17Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Same sex marriages cannot result in children (without outside assistance), thus the restricting of marriage to opposite sex couples is a reasonable means to achieve this.
Funny then that there is no fertility test for opposite sex marriage isn’t it?
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### Author:  [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)
#### Post date: [August 15, 2025, 1:42am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/85 "2025-08-15T01:42:23Z")
That arguement should fail because the law allows infertile couples to marry. In California the law used to be (still is?) that the only issue is if you know yourself to be infertile that you must inform your partner before marriage. So by that logic, why are infertile people allow to marry?
ETA: Kind of ninja’d by seconds.
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### Author:  [@Q.Q.Switcheroo](https://boards.straightdope.com/u/Q.Q.Switcheroo)
#### Post date: [August 15, 2025, 1:45am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/86 "2025-08-15T01:45:11Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Reproduction and the continuation of society is inarguably a compelling state interest.
…as the Court will no doubt say when it overturns _Griswold v. Connecticut._
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### Author:  [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)
#### Post date: [August 15, 2025, 1:45am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/87 "2025-08-15T01:45:25Z")
I believe the proper term is “Rebiblican”.
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### Author:  [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)
#### Post date: [August 15, 2025, 1:53am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/88 "2025-08-15T01:53:07Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> a State’s argument that marriage is the social contract under the aegis of which children are primarily conceived and brought into the world
Yes, and the primary concern of this is _marriage is to protect the father’s estate for his own legitimate children_. It isn’t really about the people involved in the marriage at all: historically, it was more or less set up to ensure the seamless transfer of property across the generations (by, along with social stigmata, controlling access to fertile women of the propertied classes).
The fact that most people had no real property to pass on, that most time spent married was outside of the childbearing years, the fact that many couples had no children… all of that is secondary. There’s no real reason why other types of infertile couples should not be allowed to marry, because it was never about society’s interest in producing children. People do that just fine without help. It was about producing legitimate children, and in the last fifty years the stigma around illegitimate children and extra-marital sex has weakened enormously. I don’t think even the most ardent Republicans can put those cats back in the bag.
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### Author:  [@Miller](https://boards.straightdope.com/u/Miller)
#### Post date: [August 15, 2025, 1:53am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/89 "2025-08-15T01:53:58Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> I mean, I thought I summarized the State’s arguments already.
Which might be even a little bit convincing if you could show where the state exercises this prerogative against any couples other than same-sex ones. Post-menopausal women are allowed to get married. Men with vasectomies are allowed to get married, as are women with hysterectomies. Marriages are not dissolved if the participants fail to reproduce, nor after the children reach their age of majority and leave the home.
Also, of course, homosexual people can (and do) have kids, through all the same ways straight people do. Which you dismissed with a parenthetical “without outside existence,” but you failed to justify why that should matter. If the state has an interest in producing more children, why should the state care if the children are produced through PiV sex or IVF?
Sorry, but this argument is unmistakably bullshit, just like every other argument against SSM. It’s a smokescreen to justify invidious discrimination.
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### Author:  [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)
#### Post date: [August 15, 2025, 1:55am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/90 "2025-08-15T01:55:51Z")
> [@Saint\_Cad](#):
>
> So by that logic, why are infertile people allow to marry?
Because no state has ever required opposite sex couples seeking to marry to undergo fertility testing as a precondition to doing so?
Fertility is an ever changing medical field and advances can sometimes change an infertile person to a fertile one.
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### Author:  [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)
#### Post date: [August 15, 2025, 1:59am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/91 "2025-08-15T01:59:12Z")
> [@Miller](#):
>
> Sorry, but this argument is unmistakably bullshit, just like every other argument against SSM. It’s a smokescreen to justify invidious discrimination.
well, the Obergefell court agreed with you. Let’s see if the current one continues to do so.
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### Author:  [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)
#### Post date: [August 15, 2025, 2:00am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/92 "2025-08-15T02:00:20Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Fertility is an ever changing medical field and advances can sometimes change an infertile person to a fertile one.
And??? That doesn’t, in any fucking way, answer the question.
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### Author:  [@Miller](https://boards.straightdope.com/u/Miller)
#### Post date: [August 15, 2025, 2:05am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/93 "2025-08-15T02:05:30Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Because no state has ever required opposite sex couples seeking to marry to undergo fertility testing as a precondition to doing so?
Then how do you justify using fertility to bar same-sex couples from marrying?
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Fertility is an ever changing medical field and advances can sometimes change an infertile person to a fertile one.
What happened to “(without outside assistance)”? Or is this yet another example of a standard that existence solely to bar gay people from accessing marriage rights?
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### Author:  [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)
#### Post date: [August 15, 2025, 2:06am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/94 "2025-08-15T02:06:16Z")
So you are saying that it is possible to ban gay marriage because people are born that way and don’t change, and that makes them easier to find?
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### Author:  [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)
#### Post date: [August 15, 2025, 2:12am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/95 "2025-08-15T02:12:43Z")
> [@crowmanyclouds](#):
>
> Funny then that there is no fertility test for opposite sex marriage isn’t it?
IIRC, sometimes there’s a fertility test for opposite-sex marriage that _only_ allows it if there’s infertility.
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### Author:  [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)
#### Post date: [August 15, 2025, 2:15am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/96 "2025-08-15T02:15:24Z")
Y’all might want to look into Ms. Davis’ own chequered marital history.
If divorce was banned, she’d be SOL.
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### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [August 15, 2025, 2:15am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/97 "2025-08-15T02:15:30Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> The courts don’t generally consider just U.S. practice to define whether something is a fundamental human right, they have historically looked more broadly to human civilization as a whole.
So you’d argue that healthcare is a fundamental human right?
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### Author:  [@crowmanyclouds](https://boards.straightdope.com/u/crowmanyclouds)
#### Post date: [August 15, 2025, 2:17am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/98 "2025-08-15T02:17:02Z")
> [@The\_Other\_Waldo\_Pepper](#):
>
> IIRC, sometimes there’s a fertility test for opposite-sex marriage that _only_ allows it if there’s infertility.
IIRC, cousins.
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### Author:  [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)
#### Post date: [August 15, 2025, 2:17am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/99 "2025-08-15T02:17:57Z")
> [@We\_re\_wolves\_not\_werewolves](#):
>
> Fertility is an ever changing medical field and advances can sometimes change an infertile person to a fertile one.
What if the woman or man were castrated? Should they be barred from marriage?
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### Author:  [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)
#### Post date: [August 15, 2025, 2:18am UTC](https://boards.straightdope.com/t/kim-davis-asks-supreme-court-to-overturn-gay-marriage-ruling-of-2015/1021943/100 "2025-08-15T02:18:49Z")
> [@Little\_Nemo](#):
>
> So you’d argue that healthcare is a fundamental human right?
Or blood feuds?
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