The full Sixth Circuit Court of Appeals declined to rehear the case involving Kim Davis, the Kentucky clerk sued for exercising her First Amendment right to religious freedom and speech.

Rather than overturn the 100,000-dollar judgment against Kim in her individual capacity, the three-judge panel noted this case is “novel” and there is no existing case law, nor guidance from the U.S. Supreme Court.

We are now cleared for the next step in Kim’s case — the ultimate destination is the U.S. Supreme Court. We are now preparing the lengthy legal petition for the final journey on a case that could change the court of history.

Help fund our next blockbuster U.S. Supreme Court case! Every gift made today will be DOUBLED in impact by a special Challenge Grant.

David Ermold and David Moore admitted in a GQ magazine interview that they had never even discussed getting married before they heard about a protest at Kim Davis’ rural Kentucky clerk’s office.

While waiting for the Kentucky legislature to give guidance on Kentucky law that stated marriage was between a man and a woman, as well as direction from the state to provide reasonable accommodation for her religious beliefs, Kim Davis stopped issuing all marriage certificates. To issue a marriage license not authorized by state law could land Kim in jail. Notwithstanding the Supreme Court’s 2015 opinion in Obergefell v. Hodges, the Kentucky legislature had not yet given any guidance. 

When couples like the two Davids came to her office demanding a marriage license, Kim politely referred them to any one of the many surrounding offices that would issue the certificate. 

But that wasn’t good enough for David Ermold and David Moore. They wanted KIM’s name on their marriage certificate. No other name would do, because their aim, as admitted to GQ, had less to do with getting married and more to do with publicly shaming Kim for her faith. 

The two men grabbed their cell phones and set out on a 10-year-long harassment campaign against Kim. They repeatedly traveled to Kim’s office, videotaping themselves harassing and shaming Kim. 

When that didn't work, Ermold tried to take Kim’s job, running a smear campaign against the born-again Christian to win her office.

When that didn't work and their internet fame began to wane, the two Davids decided to sue Kim into bankruptcy because, they claim, she hurt their feelings — which is ironic, considering Ermold and Moore have spent the last 10 years trying their best to hurt Kim’s feelings. 

In our filing with the U.S. Supreme Court, Liberty Counsel will ask the High Court to review Kim Davis’ case to decide whether the First Amendment shields her from a claim for damages based solely on emotional distress.

Since the lower court stripped Kim of her governmental immunity protection, she is being sued in her individual capacity — meaning she is like a private citizen and will be held personally liable. Private individuals may raise the First Amendment as a defense to damages claims for emotional distress.

We will also ask the Court to overturn Obergefell that started this mess.

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 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

 
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