The Next Supreme Court Blockbuster

Jul 23, 2024

Kim Davis did not discriminate against anyone back in 2015. Instead, as a committed Christian who was born again a few years earlier, she simply sought to exercise her right to religious freedom.

One of the most basic tenets of liberty is the individual's freedom from being forced to participate in a government religion or to violate the individual’s sincerely held religious beliefs.

And for many in the U.S. government, the LGBTQ+ agenda has become a religion — an anti-religion of sorts.

On Monday, we filed our Opening Brief with the federal Court of Appeals on behalf of Kim Davis. This case has the potential to overturn the Supreme Court’s wrongly decided 2015 Obergefell marriage decision.

An attack on one woman’s religious freedom is an attack on ALL religious freedom. Fund the fight for religious freedom today! Every donation will be DOUBLED IN IMPACT by a generous Challenge Grant.

As the duly elected county clerk of rural Rowan County, Kentucky, Kim’s name and signature appeared on every marriage certificate she granted. But when the Obergefell decision regarding same sex marriage came down, Kim knew she would not be able to comply.

As a born-again believer, determined to live her life in accordance with God’s will and design, Kim could not affix her signature to an official document that contradicted God’s clear written Word.

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage,” Kim says. “To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven-or-Hell decision. For me, it is a decision of obedience.”

Five months after Kim was sued by the ACLU, the newly elected Republican governor, Matt Bevins, granted her an accommodation. Then in April 2016, a unanimous state legislature passed a law permanently granting Kim and all clerks an accommodation to opt out. However, Judge Bunning punished Kim by sending her to jail for six days in September 2015.

Following a jury trial in which the jury found against the Yates plaintiffs, a separate jury who heard the same evidence sided with the Ermold plaintiffs, awarding 100,000 dollars against Kim personally! Then Judge Bunning awarded 260,000 dollars in attorney’s fees and costs — also against Kim personally! The judgment undermines the religious accommodation laws Kim fought so hard to earn for all Kentucky officials.

On Monday, we filed a powerful brief with the Sixth Circuit Court of Appeals. From there, we intend to take this case all the way to the U.S. Supreme Court, where we will argue that the wrongfully decided Obergefell case should be overturned.

“I have no animosity toward anyone and harbor no ill will,” Kim says. This “is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with accommodations for people’s religious freedom and conscience.”

Kim Davis deserves justice in this case since she was entitled to religious accommodation from issuing marriage licenses under her name and authority. This case has the potential to overturn the wrongly decided Obergefell v. Hodges and extend the same religious freedom protections beyond Kentucky to the entire nation.

We need YOUR HELP to keep fighting for Kim and religious liberty. If we allow even one person’s religious liberty to be stolen, then ALL of our freedom is at risk.

Please, give generously today and a special Challenge Grant will DOUBLE the impact of your gift.

Mat Staver
Founder and Chairman
Liberty Counsel

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Sources:

“Statement of Kentucky Clerk Kim Davis.” Liberty Counsel, September 1, 2015. Lc.org/newsroom/details/statement-of-kentucky-clerk-kim-davis-1.

“What If God Called You to Speak Out? Are You Ready?” Liberty Counsel. Accessed July 23, 2024. Lc.org/kim.

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