First they attacked Kim Davis' reputation, seeking to publicly shame the quiet Christian who simply sought to have her legal right to religious accommodation. Then they came for Kim Davis' job. When the internet fame that David Ermold and David Moore achieved with their online videos harassing Kim faded, Ermold tried to take Kim’s job. Ermold ran for election against Kim for County Clerk. But the good people of Rowan County, KY, were tired of the two Davids’ histrionics. Ermold lost the primary in a landslide. Now they are coming for Kim’s house and everything her modest family owns. Nearly a decade after Kim Davis briefly stopped issuing ANY marriage licenses until she received word about her legal religious accommodation rights, the two men who went out of their way to publicly harass and shame Kim have SUED her for hurting their feelings. I recently argued this case at the Court of Appeals. This case is being watched by many as the one that could be the end of the Obergefell “same-sex marriage” opinion. Don’t let Christians be sued into bankruptcy for using their religious freedom rights! Support our legal fund today and have your impact DOUBLED by a special Challenge Grant. The idea that two people who admit their actions were intended to publicly humiliate Kim would sue for hurt feelings is ridiculous on its face. After Kim was thrown in jail for six days for refusing to violate her deeply held religious convictions, she later won religious freedom for all Kentuckians. Instead of that ending the case, the two Davids sought to bankrupt Kim. And now she faces a judgment of more than 360,000 dollars against her personally. Claiming your feelings were “hurt” is not a basis for damages. The two Davids had no lost wages, no medical treatment, and they said they had no basis on which to allege financial damages. Worse yet, this erroneous judgment is a blatant violation of Kim’s First Amendment right to free speech and religious freedom. Kim was and is absolutely entitled to a First Amendment defense — a fact that then-newly elected Republican Kentucky governor and the legislature confirmed. Kim’s actions restored not only her own religious liberty, but also she won for every Kentucky official statewide. Last week, I presented arguments before a three-judge panel on the Sixth Circuit Court of Appeals. One judge was a Bush appointee, another an Obama appointee, and the third was a Trump appointee. But there is another problem with this entire lawsuit — the Obergefell case that started this whole marriage mess. Obergefell was wrong when it was decided and it is wrong today because it was based entirely on the legal fiction of substantive due process, which lacks any basis in the Constitution. It will be several weeks before we receive a ruling from the Court. But whether we win or the two men who have harassed Kim Davis for the last decade win, this case will be appealed. We are prepared to take this case all the way to the U.S. Supreme Court. And in addition, we will ask the High Court to overturn its wrongful Obergefell decision once and for all, and return the right of deciding marriage back to the states where it belongs. Defend Kim Davis AND marriage by supporting our legal fund today! The two Davids suing Kim have ONE agenda — ENDING religious freedom and accommodation. “I hate that word accommodation,” Ermold told GQ, revealing what this case is truly about — ending religious freedom, and punishing Christians who dare try to exercise their rights. Ermold’s words well illustrate the deluge of battles the LGBTQ has brought to nearly every section of American culture. A look at just a handful of our current caseload reveals the enemy’s plans all too well:
- The nation's largest Christian university in a wicked attempt to force the school to drop its doctrine in favor of LGBTQ ideology.
- An Idaho National Guard commander removed from his command because a homosexual subordinate officer does not want a Bible-believing Christian as his superior officer.
- A homosexual male teacher trying to get a Christian teacher fired because she leads an after-school Bible club.
- A church in Maine unjustly denied the winning bid in a property auction because the LGBTQ doesn't want the property sold to Bible-believing Christians.
- A judge in a state family court banned a mother from taking her daughter to church because a Marxist sociologist testified that the church's biblical teachings on marriage foster 'hate.'
For over 35 years, Liberty Counsel has fought to preserve religious liberty. We will not back down now, even in the face of an LGBTQ army intent on silencing Christians and eradicating the Christian faith. Please, help us ensure that Kim — and every other Christian who lives their faith — isn't bankrupted by the rabid LGBTQ seeking to silence them. A special Challenge Grant has been established to fund our legal work. Support our legal fund today and have YOUR IMPACT DOUBLED by the grant. Even recurring monthly gifts will be doubled every month for as long as the Challenge Grant lasts. Finally, please continue to pray for Kim and her family.Mat StaverFounder and ChairmanLiberty Counsel P.S. We need your support to help those pleading for assistance. DOUBLE THE IMPACT OF YOUR GIFT with our Challenge Grant. TAKE ACTION
SOURCES:
Acquisto, Alex. "Kim Davis' Lawyer Argues Qualified Immunity, First Amendment Protect Her from Paying Damages." Lexington Herald Leader, January 30, 2025. https://www.kentucky.com/news/politics-government/article299428354.html.
"Appeals Court Will Hear Kim Davis Marriage Case." Liberty COunsel, January 29, 2025. https://lc.org/newsroom/details/012925-appeals-court-will-hear-kim-davis-marriage-case.
Darby, Luke. "Kim Davis Refused to Give Him a Marriage License, and Now He's Coming for Her Job." GQ, December 6, 2017. GQ.com/story/kim-davis-coming-job.
Glazek, Christopher. "The Couple behind the Kim Davis Controversy." GQ, December 7, 2015. GQ.com/story/kim-davis-gay-marriage-battle.
"Kim Davis Will Ask Court to Reverse Verdict in Ermold Case." Liberty Counsel, January 2, 2024. LC.org/newsroom/details/010224-kim-davis-will-ask-court-to-reverse-verdict-in-ermold-case.
Ladd, Sarah. "Kim Davis' Lawyer Eager for next Step as He Argues Same-Sex Marriage Case before Appeals Panel" Kentucky Lantern, January 30, 2025. https://kentuckylantern.com/2025/01/30/kim-davis-lawyer-eager-for-next-step-as-he-argues-same-sex-marriage-case-before-appeals-panel/.