High Court to Conference on LC’s Kim Davis and NY Health Care Workers Cases Friday

It is highly unusual for any law firm to have two cases conferenced by the High Court on the same day. Yet that is exactly what Liberty Counsel is facing tomorrow.

On Friday, the U.S. Supreme Court Justices will conference on our cases, Does 1-2 v. NY Gov. Cathy Hochul, as well as Davis v. Ermold. At that time, the Justices will review the cases to decide whether they will take them up this term. If the Justices do not take up these cases, it will be the end of the road for Kim Davis, as well as New York health care providers.

The future of America’s precious religious freedom is at stake. We need your urgent prayers and support. We need four Justices to accept a case and five to win! A special Challenge Grant will DOUBLE any donation made to our legal fund today. Please pray fervently and give generously!

Does 1-2 v. NY Gov. Kathy Hochul. The High Court has already conferenced our New York case three times this fall. Tomorrow will be the fourth time the Justices will review this case, indicating a strong interest among the Justices and a high likelihood the Court will vote to hear the full case this term. 

At issue is whether a state may terminate religious freedom rights previously granted by federal law and order businesses to violate the clearly established federal Title VII religious freedom and employment laws.

During COVID, NY Gov. Hochul ordered businesses to violate federal law by demanding they deny any and all religious exemptions, and to fire any employee who refused to comply with her unlawful vax mandate. Health care employers that followed federal law instead of Hochul’s mandate would lose their business licenses and face daily fines.

The implications of this case go far beyond COVID and Title VII. If we lose, states can force colleges to violate federal Title IX laws and force them to allow males to invade females sports and private spaces, among other things.

Davis v. Ermold. Kim Davis is being sued for 360,000 dollars for pursuing her constitutional right to religious freedom. We are asking the High Court to overturn this wrongful judgment against Kim, because if a person can be sued for exercising their religious freedom, then America has no religious freedom at all.

While we’re at it, we are going to ask the High Court to overturn the Obergefell opinion that created this mess in 2015.

This case has taken on new urgency, as the Texas Supreme Court recently amended its judicial ethics rule to ensure that Lone Star State judges may NOT be forced to officiate same-sex marriages if performing such ceremonies conflicts with their religious beliefs. As a result, Texas judges may not be sued, censured, or punished for exercising their religious freedom right to decline participation in an act their religious beliefs forbid.

Kim Davis WON that right, not only for herself, but also for all Kentucky officials back in 2015 and 2016. Yet she is being personally sued into bankruptcy for those actions because the Obergefell same-sex marriage ruling has upended constitutionally enumerated religious freedom rights.

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Obergefell v. Hodges cannot override the free speech and religious exercise protections of the First Amendment. The Texas judges and Kim Davis have the religious freedom to decline their involvement in wedding ceremonies involving same-sex couples. With divergent approaches to reconciling Obergefell and the First Amendment in the courts, the U.S.

Supreme Court has the chance to reconcile the religious liberty protections of government officials with state actions regarding marriage. Like the abortion decision in Roe v. Wade, Obergefell was egregiously wrong from the start. This opinion has no basis in the Constitution. The High Court should overturn Obergefell and correct this grievous error.

Over the last 36 years, Liberty Counsel has won 40 cases we have argued or briefed before the U.S. Supreme Court and have countless other wins in our nation’s Courts of Appeal and state Supreme Courts.

We have invested thousands upon thousands of hours in these two cases. 

Yet, we never charge our clients as few could afford to defend themselves against governments gone mad. Instead, our clients rely on YOU, the faithful Liberty Counsel supporter, to ensure religious liberty remains FREE for generations to come. Every donation to our legal fund today will be DOUBLED in impact by a special Challenge Grant.