The Supreme Court has rejected a longshot bid to overturn the landmark decision that legalized same-sex marriage nationwide a decade ago.

The justices declined to hear an appeal from Kim Davis, a former Kentucky county clerk who refused to issue marriage licenses to same-sex couples.

After the 2015 Obergefell v. Hodges decision legalized same sex marriages nationally, Ms. Davis refused to issue a marriage license to gay couple David Moore and David Ermold.

Ms. Davis was jailed when she continued to refuse to do so even after the governor directed all clerks to grant licenses to same-sex couples. Ms. Davis says she refused on religious grounds.

Messrs. Moore and Ermold sued Ms. Davis, alleging that she had violated their constitutional right to marry and a jury awarded them $360,000 in damages and lawyer fees in 2023.

The U.S. Court of Appeals for the 6th Circuit rejected Ms. Davis’s appeal, saying she had been acting in her capacity as a public official when she denied the marriage license and not as a private citizen.

Ms. Davis petitioned the Supreme Court in July to review the Sixth Circuit’s decision. She also asked the court to reverse its decision in Obergefell, claiming it had no basis in the Constitution.

In a court filing earlier this month, lawyers for Ms. Davis cited Justice Clarence Thomas several times. Justice Thomas has questioned same-sex marriage rights in the past and was one of four dissenting justices in Obergefell.

But Justice Samuel Alito, who also dissented in Obergefell, recently said he did not advocate overturning the decision despite continuing to criticize it.

The justices discussed the case in private conferences but it appears there were not four votes in favor of hearing Ms. Davis’ appeal. The justices released a brief written order Monday morning turning it away.

The Obergefell decision found that the right of same-sex couples to marry is a fundamental liberty under the Constitution.

The president of Human Rights Campaign, Kelley Robinson, welcomed Monday’s decision in a statement, saying: “The Supreme Court made clear today that refusing to respect the constitutional rights of others does not come without consequences.”

The LGBTQ+ advocacy group has fought to protect same sex marriage.