Liberty Counsel filed an opposition brief at the federal Court of Appeals on behalf of Rowan County Clerk Kim Davis, arguing against reinstatement of Ermold v. Davis, one of the tag along 2015 marriage license cases dismissed in its entirety earlier this year. The dismissal of Ermold and two other cases—including the Miller v. Davis case that led to Davis spending six days in jail as a prisoner of conscience—delivered Davis a decisive victory in her fight for religious freedom.

Like all the other 2015 marriage license plaintiffs who sued Davis following the Supreme Court’s Obergefell decision, the plaintiffs in Ermold were seeking to force a “winner take all” decision between same-sex “marriage” on the one hand, and religious liberty, on the other. Davis and religious liberty were vindicated when Kentucky Governor Matt Bevin signed an executive order removing the name and authority of county clerks from Kentucky marriage licenses, and establishing that Davis and other county clerks had a right to conscience protection under Kentucky’s Religious Freedom Restoration Act. After the Kentucky General Assembly unanimously made Governor Bevin’s accommodation permanent in the Kentucky statutes, the federal court of appeals and the lower federal court both dismissed all three 2015 marriage license cases in their entirety, finding nothing left for the court to decide. The cases were closed and removed from the docket.

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