ASHLAND, KY – Liberty Counsel will appeal to the Sixth Circuit Court of Appeals on behalf of former Rowan County Kentucky Clerk Kim Davis regarding Judge David Bunning’s refusal to reverse the jury verdict. Liberty Counsel will argue that Davis is protected under the First Amendment Free Exercise of Religion, that the Supreme Court’s 2015 opinion in Obergefell v. Hodges should be overturned, and that she is not liable for damages. 

In Ermold v. Davis, Davis was sued by two same-sex couples for not issuing them marriage licenses. The Ermold plaintiffs objected to the motion to reverse the verdict arguing their emotional distress justified compensation. However, Liberty Counsel argues there was no evidence to support emotional damages and so the jury’s verdict should be reversed. 

The Ermold v. Davis case, along with a second case in Yates v. Davis, both involve a same-sex couple who sued Davis in 2015 following the Supreme Court’s Obergefell v. Hodges decision regarding “same-sex marriage.” During the trial, two juries heard the same evidence and the same arguments in both cases. The jury in the Yates case awarded zero damages because the evidence did not support the awarding of any damages. The plaintiffs in that case originally asked for $300,000 in damages.

However, without any evidentiary support, the Ermold jury reached a verdict of $50,000 for each plaintiff. The evidence presented at trial simply does not support that verdict because there were no lost wages, and they presented no supporting testimony regarding emotional injury. Last December, Judge David Bunning awarded the plaintiffs an additional $246,000 in attorney’s fees and $14,000 in expenses. 

In December 2015, when newly elected Republican Governor Matt Bevin took office, he granted religious accommodation to all clerks by Executive Order. Then in April 2016, the legislature unanimously granted religious and conscience accommodation to all clerks from issuing marriage licenses that conflict with their religious beliefs. 

Liberty Counsel will now appeal this case and argue that Kim Davis was entitled to religious accommodation and that 5-4 opinion in Obergefell should be overruled. Since 2015, two of the five Justices in the majority are no longer on the High Court.  

Liberty Counsel Founder and Chairman Mat Staver said, “Kim Davis deserves justice in this case since she was entitled to a religious accommodation from issuing marriage licenses under her name and authority. This case has the potential to overturn Obergefell v. Hodges and extend the same religious freedom protections beyond Kentucky to the entire nation.”  

Liberty Counsel provides broadcast quality TV interviews via Hi-Def Skype and LTN at no cost.