Another shot at Obergefell: A challenge from former county clerk Kim Davis could break the original link in a chain of judicial tyranny

It strikes me that what's happened to Kim Davis really goes back to a core issue of why Romer v. Evans was decided in favor of the plaintiff; it was claimed that there was no compelling state interest in favor of Colorado's Amendment 2, which simply stated that homosexuality and sexual preference/conduct could never become a protected Affirmative Action category.

Now in the case of Romer v. Evans, my take (I was living in CO at the time) was that part of the issue was that Roy Romer (CO's governor at the time) was not terribly interested in defending the law, but the amica curiae notes probably overrode that.

Even so, the court concluded that there was no compelling government interest, and the case of Ms. Davis, and probably far more the cases of Jack Phillips, make clear that if we value the 1st Amendment guarantee of freedom of religion, it cannot coexist with the notion of homosexuals (etc.) as a protected class with open access to "public accommodations"--at least not for observant Christians, Jews, and Muslims, among others who object to homosexuality as a practice.

The question, then, is whether a repeal ought to be limited to Obergefell, or whether it ought to go back to Romer v. Evans. I'd guess the most drastic/best we could get would be something in the middle.