This Case Could End A Big Mess...

Jan 5, 2024

On June 26, 2015, five lawyers created a big mess. They imposed their will purporting to overrule prior precedent and millennia of human history. These unelected lawyers sided with an oxymoron — same sex “marriage.”

The first victim of this unconstitutional opinion was Kim Davis, a clerk in Rowan County, Kentucky. She spent six days in jail. I will never forget the day I visited Kim and saw her dressed in the orange jumpsuit required for prison garb.

The humble woman’s deeply held faith prevented her from putting her name and authority on a marriage certificate that violated God’s natural design and the created order. Kim’s time in prison moved the KY legislature to codify religious accommodation into state law in April 2016.

Eight years later, the same judge who sent Kim to jail has now awarded two men 260,000 dollars for attorney’s fees and costs on top of 100,000 in “damages.” This judgment effectively erases the religious freedom rights Kim fought so hard to restore.

But what was intended to harm Kim Davis could be the undoing of the mess created by five lawyers in Obergefell v. Hodges. Liberty Counsel will take Kim’s case to the Sixth Circuit Court of Appeals, and from there to the U.S. Supreme Court, where we will fight to extend religious freedom for all Americans and to restore the Constitution. Read on. — Mat

Liberty Counsel, in the Ermold v. Davis case, will ask the U.S. District Court of Eastern Kentucky to reverse the jury verdict against Kim Davis, who was sued for not issuing a marriage license with her name on it.

In September 2023, two juries heard the same evidence involving Kim Davis. In the Yates case, the jury returned a zero verdict within 45 minutes. But without any legal foundation, a separate jury for the Ermold plaintiffs awarded 100,000 dollars.

Judge David Bunning has now awarded the Ermold plaintiffs an additional 246,000 dollars in attorney’s fees and 14,000 in costs, for a total judgment of 360,000 dollars.

This case has a high potential of going to the Supreme Court.

This latest judgment now allows Liberty Counsel to ask the Court to reverse the jury’s verdict against Kim Davis because there was insufficient evidence to award the plaintiffs monetary damages. If the motion is denied, Liberty Counsel will then appeal the case to the Sixth Circuit Court of Appeals.

The plaintiffs in Ermold asked for damages alleging that David Ermold was terminated from the University of Pikeville because of the Kim Davis case. However, during the trial, the University Human Resource Director testified that was not true.

Losing their basis to allege damages, the Ermold plaintiffs then changed gears during the trial to allege they should receive damages for hurt feelings. But one cannot receive monetary damages for “hurt feelings” without any supporting evidence. And the plaintiffs presented none.

The Ermold plaintiffs’ “hurt feelings” claims are ironic, considering their entire quest sought to hurt Kim Davis. In a 2015 interview with GQ magazine, David Ermold admitted that he and his male friend had never even discussed getting married before they traveled to Kim’s County Clerk office seeking to harass her.

Instead, the two men bragged that they had embarked on a social media campaign designed to publicly humiliate and shame Kim Davis’ Christian faith.

In the interview, David Ermold gleefully recounted how his first video shaming Kim became the No. 1 story on several social media sites. At that time, the Ermold plaintiffs could have been married at any one of the seven County Clerk’s offices within a short drive of Kim’s office. But instead, the two Davids kept traveling to Kim’s office several more times to film more footage they could use to boost their social media “fame.”

“When our video made The 700 Club,” Ermold told GQ, “that was, like, the highlight of my life.”

Perhaps the most telling thing about the two Davids’ interview is the last line wherein David Ermold declares, “I hate that word accommodation, because we’ve been already making accommodations for our entire lives.”

David Ermold’s statement reveals what is truly at the heart of this fight: the LGBTQ agenda wants to eliminate ALL religious accommodations, thereby forcing people to violate the tenets of their faith.

This case is far from over. Because of Kim Davis, every clerk in Kentucky now has the freedom to serve as an elected official without compromising their religious convictions and consciences. This case has the potential to extend the same religious freedom protections beyond Kentucky and to overturn Obergefell v. Hodges, which was wrongly decided and should be reversed.

We look forward to appealing this decision for Kim Davis. Our case is now ready to go up to the Sixth Circuit Court of Appeals. We will argue religious accommodation under the First Amendment, and other state and federal laws. We will also argue that Obergefell v. Hodges, which ushered in same sex “marriage,” was wrongly decided and should be overturned. This verdict has paved the way for this case to find resolution at the Supreme Court.

We need YOUR help to continue fighting for religious freedom and the Constitution — not just for Kim, but also for all the others we represent. Liberty Counsel never charges for our legal work. Instead, our clients rely on friends like you, faithful Liberty Counsel supporters, to defend life, religious freedom, and the natural family.

In the past three years, Liberty Counsel has achieved a 7-0 victory record on cases we have argued or briefed before the U.S. Supreme Court. And we are not done winning yet! YOU can be a part of the victory with your generous gift today.

Even a small recurring monthly gift would be of tremendous help. All donations will be DOUBLED in impact by a new Challenge Grant.

Mat Staver
Founder and Chairman
Liberty Counsel


The LGBTQ army is working to eliminate religious freedom for ALL Americans via HR 15, which specifically eliminates religious accommodations — even for your pastor and your church! Please fax Congress today! And sign our petition.

We need your help to defend religious liberty. Support our legal fund today and have YOUR IMPACT DOUBLED by a new Challenge Grant.


“Kim Davis Will Ask Court to Reverse Verdict in Ermold Case.” Liberty Counsel, January 2, 2024.