Breaking: New Assault on Kim Davis

Aug 23, 2019

Kim Davis took a bold stand for religious freedom in 2015—and made global headlines.

Shortly after five justices on the U.S. Supreme Court issued their opinion that opened the door to same-sex "marriage,” Kim—then a Rowan County, Kentucky, clerk—requested a religious accommodation and stopped issuing all marriage licenses.

Several same-sex couples sued, dragging Kim into court. Four years later, Kim’s fight continues. But thanks to friends like you, Liberty Counsel is standing with her.

And now she needs your help more than ever.

+  +  Ruling has put Kim at risk of huge financial liability...

Just today, the Sixth Circuit Court of Appeals issued two opinions in the cases of Ermold v. Davis, Yates v. Davis, and Miller v. Davis. These cases center on whether the plaintiffs are entitled to attorney fees and/or damages, and, if so, whether the Commonwealth, Rowan County, or Kim Davis is liable for payment.

In the Miller appeal, the Sixth Circuit ruled that the Commonwealth of Kentucky is liable for attorney’s fees, not the county, nor Kim Davis.

But in the Ermold appeal, the court agrees with lower court Judge Bunning that Kim in her official capacity has sovereign immunity because she acted for the state (not the county). However, the court ruled that Kim Davis has no qualified immunity as an individual.

Now the plaintiffs will return to court to argue that Kim should be personally liable for damages. We will continue to defend Kim Davis, and we appreciate your prayers as we continue this fight.

There is no final ruling on whether Kim Davis is liable for damages. The court noted that the case is at a very “early” stage and that no discovery has been conducted on this issue.

We will continue to argue that Kim is not liable for damages because she was entitled to a religious accommodation (which Gov. Matt Bevin and the legislature granted), and that her actions did not violate clearly established rights.

+  +  You can help see Kim through to victory!

And even though the court ruled in the Ermold case that Kim Davis has no qualified immunity as an individual, the court also noted that this does not end the case because discovery on this issue has yet to be conducted.

Amazingly, this case is not over for Kim...

Kim sought a religious accommodation, and today every Kentucky clerk benefits from her efforts thanks to Governor Matt Bevin and the entire general assembly.

I believe Kim Davis will prevail on the individual damages claim. But to see Kim through to victory, I ask for your help today.

Kim risked everything she had rather than violate her conscience. She refused to endorse what God prohibits by issuing marriage licenses with her signature to same-sex couples.

And because of her stand—which inspired millions around the globe—her future is in real jeopardy.

Not only that, but radical LGBT activists and their allies want revenge. That’s why they poured thousands into the campaign chest of a man running to defeat her as Rowan County Clerk.

Will you donate now to help Kim through to victory—and to help Liberty Counsel defend freedom, life and marriage in other cases across America?

No one should ever be punished for exercising his or her religious freedom. But that is exactly what same-sex couples want to do to Kim. They’re eager to force her to pay hundreds of thousands of dollars in fees or damages—possibly bankrupting her and her husband, Joe.

Your generosity now will help us fight so that never happens.

By giving now, you’ll cast a strong vote of confidence for Kim and her cause with your gift today! Please give generously.

Thank you for your friendship and your partnership with me as, together, we defend religious freedom across America.

For liberty,

Mat Staver
Founder and Chairman