Kim Davis Appeals Could Overturn Same-Sex Marriage Ruling
A notice of appeal with the Sixth Circuit Court of Appeals on behalf of Kim Davis, the former Rowan County, Kentucky Clerk has been filed by Liberty Counsel. This appeal marks the beginning of Davis’s journey to take her case to the U.S. Supreme Court, aiming to challenge and overturn the 2015 landmark decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
Challenge to legalization of same-sex marriage
The cases of Ermold v. Davis and Yates v. Davis stem from 2015, when two same-sex couples sued Davis following the Supreme Court‘s ruling on same-sex marriage. Both cases presented identical evidence and arguments before two separate juries. In the Yates case, the jury awarded zero damages, finding insufficient evidence to support the plaintiffs’ claims, who had initially sought $300,000.
Conversely, the jury in the Ermold case awarded $50,000 to each plaintiff. Additionally, the judge granted the plaintiffs $246,000 in attorney’s fees and $14,000 in expenses, despite the alleged lack of evidence to justify emotional damages.
Liberty Counsel plans to argue that Davis’s actions were protected under the First Amendment’s Free Exercise of Religion clause. They contend that she was entitled to a religious accommodation and assert that the Obergefell v. Hodges decision should be overturned. They also argue that Davis should not be held liable for damages.
Justice is deserved
Mat Staver, Founder and Chairman of Liberty Counsel, stated, “Kim Davis deserves justice in this case since she was entitled to a religious accommodation from issuing marriage licenses under her name and authority. This case has the potential to overturn Obergefell v. Hodges and extend the same religious freedom protections beyond Kentucky to the entire nation.”
As the appeal progresses, it holds significant implications for the intersection of religious freedom and same-sex marriage rights in the United States.
