Kim Davis Case Appeals to Sixth Circuit Court: A Legal Battle for Religious Accommodation
In a case that has captured national attention, Mat Staver of Liberty Counsel recently provided an update on Kim Davis’s legal battle, now being appealed to the Sixth Circuit Court of Appeals. Davis, the former clerk of Rowan County, Kentucky, became a controversial figure in 2015 when she refused to issue marriage licenses to same-sex couples, citing her religious beliefs.
“The case actually began in June of 2015 when the Supreme Court issued a 5-4 opinion regarding marriage,” Staver explained. “Kim Davis was just elected as the clerk of Rowan County. One of the duties a clerk has in Kentucky with regards to marriage licenses is that they issue the marriage licenses under their name, title, and authority. Kim Davis prayed about the situation, tried to work to get religious accommodation for clerks. When this happened, she decided not to issue any marriage licenses until she first requested religious accommodation.”
Davis was jailed for six days
Following her refusal to issue the licenses, Davis was sued and subsequently jailed for six days. However, by the end of 2015, she received a religious accommodation from the governor, and in April 2016, the Kentucky legislature passed a law allowing clerks to opt out of issuing marriage licenses to same-sex couples.
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Despite these accommodations, the plaintiffs continued their legal pursuit. In 2023, two jury trials were held. Staver noted the inconsistency in the outcomes: “The Yates jury came back with zero damages when they were requesting $300,000. And the Ermold jury came back with $50,000 for each one of the plaintiffs for a total of $100,000.” Additionally, the judge assessed attorney’s fees and costs totaling over $260,000.
Religious accommodation under the First Amendment & challenge to Obergefell decision
Staver emphasized the argument for religious accommodation under the First Amendment, suggesting that the initial denial of such accommodation violated Davis’s rights. He also pointed to the potential for this case to challenge the Supreme Court’s 2015 Obergefell decision, which legalized same-sex marriage nationwide. “This very weak opinion of 2015 can be overruled,” he stated, citing changes in the Supreme Court’s composition as a significant factor.
Regarding the differing jury outcomes, Staver remarked, “The very fact that they listened to the same evidence on the same day and came to two diametrically opposed conclusions… gives us a strong case on appeal.”
This very weak opinion of 2015 can be overruled
Mat Staver, Liberty Counsel
Looking ahead, Staver outlined the expected timeline for the case. “We just filed the notice of appeal to the Court of Appeals. We’ll get the briefing schedule in the near future. I believe we’ll probably have oral argument on this case possibly by the end of the year, but certainly no later than early 2025. By this time next year, we will be asking the US Supreme Court to review the case.”
Staver also shared personal insights about Kim Davis’s background, highlighting her transformation from what she described as “a good mother, but a bad person” to a committed Christian following a deathbed wish from her mother-in-law. This religious conviction ultimately led her to refuse to issue marriage licenses to same-sex couples, a decision that has now positioned her case as a potential vehicle to challenge a landmark Supreme Court ruling.
Davis was personally changed when she found Jesus
“She doesn’t have any hatred or ill will toward anybody,” Staver concluded. “She just wants to do what is pleasing to her Lord and she wanted to do her job with excellence… It’s a matter of conscience, her religious conscience, and she wouldn’t violate her conscience.”
As the case progresses, its implications for religious accommodation and same-sex marriage laws continue to be closely watched by legal experts and the public alike.
