Countdown to the Supreme Court’s Review Is Underway

Kim Davis case will determine if the First Amendment is for all Americans

Our case representing Kim Davis boils down to two important issues:

1. Does a government official sued in their individual capacity over “hurt feelings” related to religious beliefs on marriage have a First Amendment defense?

1. Was the 2015 Obergefell opinion wrongly decided and therefore should it be overruled?

If a person can be sued into bankruptcy for exercising free speech and freedom of religion, then those rights cease to exist.

David Ermold and David Moore have been on a 10-year-long crusade to harass, demean, and bankrupt Kim Davis.

Now the case is before the U.S. Supreme Court. Liberty Counsel has just received Ermold and Moore’s opposition to the High Court, and we are now preparing our reply. The High Court will convene a conference to review the case at the end of October or early November. At that time, they will decide whether to hear this case, or to let the lower court’s unconstitutional bankrupting judgment against Kim stand.

We need your urgent prayers and financial support to  

defend free speech and freedom of religion! Every donation made today will be DOUBLED in impact by a special Challenge Grant.

The “Chilling Effect”

A chilling effect occurs when a policy creates an environment where people are afraid to use their rights for fear of repercussion. The Ermold and Moore lawsuit and subsequent judgment against Kim Davis creates such an effect because Kim is being punished for using her constitutionally guaranteed rights to free speech and free exercise of religion. 

If the Ermold and Moore judgment of 360,000 dollars is allowed to stand against Kim, then a legal precedent will have been created that could apply to others who dare to use their freedom of speech and religion.

While Kim got the accommodation she requested to remove her name from the marriage license, the two Davids want to punish her because they want KIM’s NAME on THEIR LICENSE!

That is why this case has dragged on for 10 years. But what they meant for harm, God can turn around for good.

We are almost at the finish line, but we need YOUR PRAYERS AND DIRECT SUPPORT to win!

Overturning Obergefell

As you know, Liberty Counsel’s argument to the High Court includes a request for the Court to overturn the 2015 Obergefell opinion, which abolished gender in a gender-based relationship.

When the U.S. Supreme Court overturned Roe v. Wade, the High Court ruled that decision was “egregiously wrong” from the beginning. Abortion is not an enumerated right in the Constitution, nor is it “deeply rooted” in the country’s history and tradition.

Just like abortion, same-sex marriage in not an enumerated right; and it has NEVER been rooted in our country’s history and tradition. In fact, just like abortion, it was banned in this country and the colonies that preceded our states.

No right to either killing the unborn or same-sex marriage ever existed in American history. If the High Court follows the same reasoning it used just three years ago, Obergefell cannot stand.

• We are fighting for free speech.
• We are fighting for freedom of religion.
• We are fighting for the future our children deserve.
• We are fighting to preserve the Constitution.
• We are fighting against gender ideology.

We are in the final countdown to the Supreme Court’s review of the Kim Davis case. Please pray for favor as we finalize our reply brief and as the Justices and their clerks soon review the case.

Help us NOW by supporting our legal fund, and a special Challenge Grant will DOUBLE the impact of your gift.

Mat Staver
Founder and Chairman
Liberty Counsel