Apr 18, 2025
Do Americans have equal rights, or do LGBTQ “rights” supersede everyone else’s rights? That’s a central question in the Kim Davis case.
Liberty Counsel has filed with the Sixth Circuit Court of Appeals, asking the court for an “en banc” review of Kim Davis’ case, meaning that we are asking ALL the judges to weigh in on this case. And the Sixth Circuit has already indicated that this case presents legal issues of “first impression” that need to be answered by the U.S. Supreme Court.
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Kim Davis, a modest and soft-spoken, born-again Christian who simply wants to live out her faith, has become the LGBTQ’s punching bag. She has been publicly humiliated, thrown in jail for six days, and now sued into bankruptcy because of the hysterics of two LGBTQ men who wanted to inflict harm on this gentle woman for no other reason than her Christian faith.
Nothing in the Supreme Court’s 2015 Obergefell v. Hodges decision, which invented a “right” to same sex “marriage,” created a right to get a marriage license from a specific person. David Moore and David Ermold could have gone to any number of area county clerks to get a license. But the two Davids refused to do so. They wanted to force Kim Davis to violate her deep faith by putting her name on their license.
Only Kim’s humiliation and capitulation, and nothing else, would do for these two men — who told GQ magazine they had never even discussed marriage before they heard about Kim Davis. They wanted Kim Davis to forfeit her religious freedom rights and be publicly shamed in the process.
A judge threw Kim Davis in jail for following Kentucky state law and for refusing to relinquish her First Amendment right to religious freedom.
That same judge wrongfully approved a 360,000-dollar judgment against Kim, effectively rewarding David Ermold and David Moore for a decade of harassment against Kim Davis.
We appealed that ruling, and although the court ruled against Kim, the court admitted that our case is one of “first impression,” meaning it presents a novel issue for which there is no specific legal precedent from the U.S. Supreme Court to help decide the case. In other words, the judges effectively admitted they need the U.S. Supreme Court to weigh in on this matter.
That’s GREAT news, because in addition to deciding if people can be sued for using their First Amendment religious liberty rights, the High Court will also be forced to reconsider the 2015 same sex “marriage” Obergefell ruling that created this mess in the first place.
Should LGBTQ “rights” erase religious freedom rights?
Don’t let the LGBTQ agenda erase religious freedom.
Kim’s case illustrates that the dreadful Obergefell decision has been used to create a special class of persons, the LGBTQ, who have more rights than any other person. But our Republic simply doesn’t work that way.
In the Declaration of Independence, Thomas Jefferson wrote, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness” (emphasis added).
Nothing in our Constitution or our laws establishes that any person’s or group of persons’ rights supersede the rights of any other person.
The Courts must now decide:
1. If a person can be sued as an individual for acting in their official role in accordance with state law.
2. If a person can be sued for exercising their First Amendment right to religious freedom.
3. If Obergefell created a special class of rights for the LGBTQ that supersede the First Amendment.
The LGBTQ crowd cannot sue individuals for obeying state laws. Neither can the LGBTQ agenda sue people for exercising their religious freedom rights because if they could, that would mean that there are no religious freedom rights at all.
Through this case, Liberty Counsel will once again create legal precedent that lasts for generations.
This case has gone on for 10 years. Without you, Kim would already be bankrupt. Only because of the generosity of supporters like you are people like Kim Davis able to get the first-class legal representation they need.
Only because of you is Liberty Counsel able to bring landmark lawsuits to the U.S. Supreme Court to protect our precious religious freedom. Please consider making a generous single gift or even a small recurring monthly gift to refill our legal fund. When you do, a special Challenge Grant will DOUBLE the impact of your gift. Please, give generously.![]()
Mat Staver
Founder and Chairman
Liberty Counsel
P.S. We need your help to defend religious liberty. Support our legal fund today and have YOUR IMPACT DOUBLED by a generous Challenge Grant.