Marriage Equality In Danger? Kim Davis & Religious Extremism

What do Kim Davis, gay marriage, and Christian hypocrisy all have in common? In this episode of Hot Air, we revisit the infamous Kentucky clerk who refused to issue marriage licenses to same-sex couples—even after marriage equality became federal law. We break down her legal battles, the recent ruling that she violated constitutional rights, and what this means for LGBTQ+ rights today.

We also unpack how conservative religion continues to weaponize faith in the fight against equality, and how figures like Kim Davis are still being held up as martyrs in anti-LGBTQ+ circles. Plus, we ask: if you’re working a government job, should your religion dictate how you treat others?

🔥 Real talk. Real rights. Real receipts.

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Transcript

 Welcome back to another episode of HOT AIR with me, Joshua Robert, and today while I'm recording this on Sunday, today is Tuesday, but I'm recording this on Sunday. I got the Sunday scaries. Real hard today. This is fresh outta the shower hair with no product in it. I can't believe I'm filming this without even having any concealer under my eyes or bronzer on my face.

So obviously I'm feeling real comfortable with you guys to let you in so that you can see what, you know, I look like when I wake up in the morning and not when I'm recording a podcast.

So, if you're on YouTube watching, this is me. Okay. Me, this is raw. This is real.

Let's get into why we're actually here. Alright. Y'all buckle in because just when you thought the religious right wing people were done beating that dead horse. A certain Kentucky County clerk. Yes, Kim Davis. If you don't know who she is, don't worry. I'll fill you in just in case you've never heard of her or you forgot, but she decided to resurrect that dead horse, saddle it up and ride it all the way to the Supreme Court. That is right, miss "Under God's authority" herself is back. And guess what? She is not just trying to dodge a legal bill.

She's trying to overturn marriage equality all together. So this episode, we're gonna dive into her original act of defiance, what happened after, and the terrifying truth about how very real the threat is in 2025 to same sex marriage across the country. So, you know, as I like to say, pour yourself a stiff drink.

Go hug your dog. Uh, if you've got one, and let's break down why this dusty ass saga is suddenly front page news again. Let's hit it.

Part one, God's authority and the Birth of a Martyr.

I'm gonna be very sarcastic and c*ty this entire episode. So Let's rewind to June 26th, 2015. The Supreme Court ruled in Obergefell v Hodges. That same sex couples have a constitutional right to marry nationwide. It was a landmark victory. I've talked about it before. I'll talk about it again. Rainbow flags flew high. Facebook profiles went full sparkle mode. Gays were proposing in front of fountains, like you remember it.

It was wonderful. And if you don't remember it, you can go listen to my previous episode with Kim and Tammy who are two of the plaintiffs in the Obergefell v Hodges case. And on the other side of that, in Rowan County, Kentucky, Kim Davis, a twice divorced Christian County clerk. She slammed her office door shut and said, mm-hmm Nope. She refused to issue any marriage licenses. Gay straight did not matter. Her reason, she said issuing licenses to same sex couples would violate her religious beliefs.

And this always brings me back to the confusion of church and state. You should not be able to work for government or in any way, shape or form in a county clerk office if you cannot put aside your religious beliefs in order to serve the public who pays your bills because taxpayers, hello!

And listen, Kim wasn't just quietly opting out. She went full theocratic protest. She had her staff turn away couples. There's even that infamous clip, a same sex couple asking her, under whose authority are you denying this? And her response. "God's authority". Ma'am. This is a courthouse, not a church. Also, did you hear God? Did he speak to you? If he did, and you can hear his voice in your head, That's not God. That's schizophrenia.

So these couples, understandably outraged, filed a lawsuit, and on August 12th, 2015, a federal judge ordered Davis to comply with the law. But did she? No, she dug her heels in and she kept refusing. So the court found her in contempt and locked her up for five whole days. A county clerk in a jail cell over gay marriage. It was wild, needless to say, the only words I can use to describe it wild. 

Of course, she became a darling of the religious right. Mike Huckabee was out there throwing rallies. Conservative pundits were comparing her to MLK. Yes. MLK. Craziness because apparently defying equal rights when it's not. Your rights on the line counts now.

Part two. What happened next? Lawsuits, loopholes, and Liberty Council.

So eventually Kentucky found a workaround. They revised their marriage forms so that county clerks didn't have to sign them personally. Problem solved, right? But not for Kim.

Because the court still held her responsible for the damage done legally and financially, by 2017, she was on the hook for hundreds of thousands of dollars in legal fees, and the lawsuits did not stop. In fact, just last year in 2024, a jury found her personally liable for violating the constitutional rights of the couples she turned away. The damages? $100,000 per couple. Per couple. Oof. She's gonna be working for a long time. So now we're here in 2025, and instead of just paying up, she's back. This time, knocking on the door of the Supreme Court asking them to reverse her liability and take another look at Obergefell v Hodges altogether.

And I mean, listen, most legal scholars think this is a long shot, but if the last few years have taught us anything, long shots don't mean shit when the court is stacked,

Part three. 2025 Petition and The Weaponization of the First Amendment. 

God, just reading those titles, I'm like, wait, am I smart? Do I kind of know what I'm talking about. Alright, so what is Kim's new argument then? It's basically this. Kim Davis says she was punished for following her religion. That forcing her to issue marriage licenses to same sex couples violated her first Amendment rights.

And she's not alone. Liberty Counsel, the legal group that is backing her, is pushing this as a case, not just about religious freedom, but about the right of government officials to opt out of duties that conflict with their beliefs.

Let me just pause right there.

This is not about Bakers or Florist or mom and pop cake shops. This is about elected officials refusing to serve constituents because they disagree with the law. And if the Supreme Court decides that that is okay, you open a very dangerous door.

So what happens when a judge refuses to marry an interracial couple? Or a DMV worker won't issue a license to a trans person or a police officer ignores a hate crime because he doesn't believe in gender ideology. We are not playing with hypotheticals here. We're playing with fire. Ooh, my hands are waving all over the place. That's how you know your boy is heated!

Part four, the Anti-Marriage Equality Movement in 2025.

So, just so you know, Kim Davis isn't alone here. In fact, her petition is riding the wave of a larger coordinated push happening right now. Across the country, especially in red states, as we know lawmakers are filing resolutions, urging the Supreme Court to overturn Obergefell.

They're not even hiding it now.

Let's talk about Michigan, where state representative Josh Schreiber introduced a resolution declaring that marriage should only be between one man and one woman. He called Obergefell "tyrannical", which no matter how many times I say that word, it feels weird. I justA it just does not feel right in my tongue.

In Idaho, the house passed a resolution earlier this year asking SCOTUS to revisit Obergefell. Other states like South Dakota, Tennessee, Oklahoma, and Missouri have proposed similar bills. Some of them died in committee. Some are still on the docket, but the message, of course, is very clear here. The gloves are off. It doesn't matter how far these proposals made it, it just matters that they're happening and people are starting the process.

And it's not just legislation. According to polling by the Williams Institute, nearly 60% of married same sex couples say they fear their marriage could be invalidated in the next five years, and who can blame them?

After Roe v. Wade was overturned in 2022, all bets are off. The same legal logic used in Dobbs, "that rights not explicitly written in the Constitution, are not deeply rooted enough", could absolutely be used to take down marriage equality. And Clarence Thomas literally said he wants to revisit Obergefell in his opinions on Dobbs.

So like, hello, he's already for it.

Part Five: If Obergefell Falls.

So let's just say worst case scenario, Obergefell is overturned. What happens?

Well, first: States would regain the power to ban same sex marriage, and more than 30 states already have dormant constitutional amendments or laws banning gay marriage, just waiting to be reactivated.

Now. Yes. The Respect for Marriage Act that passed in 2022 says that the federal government will recognize all existing same sex marriages and states must recognize marriages performed in other states. But if you live in Texas or Alabama and want to get married at home. Well, you would be forced to cross state lines. Like abortion, like gender affirming care. Marriage becomes a zip code privilege.

Part Six: Why This Isn't Just About Kim Davis.

Let's be clear here. Kim Davis is not some fringe actor anymore. She is a symbol. She's a puppet for a much bigger agenda, which is the weaponization of religious freedom to undo civil rights. And this movement isn't slowing down, it is evolving.

They know they can't win through Congress, So they're using state legislatures and courts slowly chipping away at the foundation of rights that many of us took and take for granted.

First it was women's rights, then it was bathrooms, then trans healthcare, then book bans, and now they're coming for same sex marriage again.

So what do we do? What the fuck do we do?

Because to be quite honest with you, I am tired of being silent. Not that I am very silent, but like, behind the camera version of silent. Like I'm about to march up to the White House and be like, "um, is there somebody here that I can speak to please, because this is not working for me."

And if we're not gonna do that, we are going to stay loud. We have to stay informed. Of course, we vote, like I always say, in every damn election, especially state ones. We support queer organizations and legal defense funds, and we do not sit quietly while the right tries to rewrite the definition of equality under the law.

Because let me tell you, they are playing the long game. Like we can't forget that. Sometimes we forget all these things are happening and we just brush it to the side and then go to the next music festival. But they're playing the long game. And if Kim Davis can dust herself off a decade later. With her freaking sister wife looking ass hair and asked to erase one of the most meaningful civil rights rulings of our time, then we sure as hell can stay ready to fight back.

Remember, you ain't gotta get ready if you stay ready.

And that is where I will leave you. I'm Joshua, Robert. This was HOT AIR and if you're queer, married or simply pissed off, then this episode was for you. And you know where to find me on Instagram and TikTok: @_hotairpod. Or you can visit my website HotAirwithJoshuaRobert.com.

Don't forget to subscribe wherever you are listening. Rate and like the pod on whatever podcast app you have my voice playing in your ear.

And more importantly, share this information. Whether it's sharing this episode or or just regurgitating it out of your very own mouth, share the information. Because we need to stay in the know. We need to make sure that everyone around us, gay, straight, bi, whatever, is educated.

If they're allies, they need to know. If they're queer. They need to know. If you're married and you are a lesbian and you're married to another woman, you need to know what's going on.

And I suppose I'll just keep bringing all the queer news to you.

So, thanks again for listening to HOT AIR and I will see you next Tuesday.