Liberty Counsel: Our Case for Kim Davis Advances to SCOTUS

 

Arthur,

Liberty Counsel is about to make legal history once again. Last Thursday, a three-judge panel on the Sixth Circuit Court of Appeals issued a ruling in our case defending Kim Davis. In that ruling, the court stated our case is one of “first impression,” meaning it presents a novel issued for which there is no specific legal precedent to help decide the case. While the judges essentially invite the U.S. Supreme Court to weigh in on the matter, the court went ahead and affirmed the judgment against Kim Davis. Punishing Kim Davis with a judgment of more than 360,000 dollars effectively says that the LGBTQ agenda can trump any constitutional defense. This ruling sets up the case for the High Court to protect First Amendment rights and creates legal precedent that lasts for generations. As such, we are preparing legal arguments asking the Sixth Circuit Court of Appeals to hear Kim’s case “en banc,” meaning the entire Court would hear the case. Based on the results of that ruling, this case will go to the U.S. Supreme Court which will have to reckon with the constitutional rights mess their 2015 Obergefell v. Hodges opinion caused. Should LGBTQ “rights” erase religious freedom rights? Help us win this case! Help fund our fight for religious freedom with your gift today. Every donation made today will be DOUBLED in impact by a special Challenge Grant. In 2015, five lawyers effectively twisted the marriage laws and perverted the Constitution in the Obergefell opinion.    In doing so, the High Court set up a conundrum for future courts to decide: Do LGBTQ rights supersede First Amendment religious freedom rights?    Nothing in the Obergefell decision created a right to get a marriage license from a specific person. David Moore and David Ermold could have gone to any number of area county clerks to get a license. But the two Davids refused to do so. They wanted to force Kim Davis to violate her deep faith by putting her name on their license. Only Kim’s humiliation and capitulation, and nothing else, would do for the two men who told GQ magazine they had never even discussed marriage before they heard about Kim Davis.    But Kim was stuck between a rock and a hard place. When the Obergefell opinion came down on Friday, June 26, 2015, it did not rewrite Kentucky state law. ONLY the Kentucky legislature, not the Supreme Court, has the power to change state law. When Kim arrived at work on the Monday morning after the Obergefell decision, Kentucky provided no option for her to issue marriage licenses to same-sex couples.   The Kentucky Senate President even wrote a brief, noting that Kim could have been criminally liable under Kentucky law had she begun issuing same-sex marriage licenses that day.    But Kim’s dilemma wasn’t simply the state law. As a born-again Christian, Kim could not have her name as an official seal on something she sincerely believes is a violation of her faith. So, on the Monday morning following Obergefell, Kim wrote to Kentucky state officials seeking guidance on both the law and her right to religious accommodation.    Kim did everything right but has been punished by the Courts (and the sham case of two men). The two Davids, who mercilessly set out to target Kim for her faith, will be financially rewarded for their hostile theatrics if Kim loses this case. Such a loss will have far-reaching ramifications.    Defend religious freedom from the attacks of the LGBTQ agenda. There are two major issues here the courts must resolve:    Kim was acting in her official role and in accordance with state law. Therefore, the only lawsuit the two Davids should have been allowed to pursue was against the State of Kentucky itself. But that lawsuit didn't work, so the two decided to sue Kim personally as punishment for not betraying her faith.  Kim, in her individual capacity, has a First Amendment right to religious freedom as well as under Kentucky’s Religious Freedom Restoration Act that protects her sincerely held religious beliefs. Kim has protection ... unless the Courts decide that LGBTQ is a special protected class whose rights supersede and replace all other rights.   Our case will bring this matter to the courts to make that decision once and for all: Do Americans have equal rights, or do LGBTQ “rights” supersede everyone else’s rights? Kim’s case has the potential to overturn the Obergefell opinion that caused this mess.    In its ruling, the Sixth Circuit Court admitted that this is a case of “first impression,” meaning that no other court has ruled on this matter. That means Liberty Counsel will once again create legal precedent that lasts for generations.    Don’t let the LGBTQ agenda erase religious freedom.

The LGBTQ crowd cannot sue individuals for obeying state laws. Neither can the LGBTQ agenda sue people for exercising their religious freedom rights, because if they could, that would mean that there are no religious freedom rights at all.    Five activist lawyers invented the “right” to same-sex marriage. Liberty Counsel looks forward to presenting the landmark case that could undo the Obergefell mess — and its attempt to give the LGBTQ crowd more rights than any other class of people in the nation, including and especially Christians.     Kim Davis, a modest and soft spoken, born-again Christian who simply wants to live out her faith, has become the LGBTQ’s punching bag. She has been publicly humiliated, thrown in jail for six days, and now sued into bankruptcy because of the hysterics of two LGBTQ men who wanted to inflict harm on this gentle woman for no other reason than her Christian faith.    This case has gone on for 10 years. Without you, Kim would already be bankrupt. Only because of the generosity of supporters like you are people like Kim Davis able to get the first-class legal representation they need.    Only because of you is Liberty Counsel able to bring landmark lawsuits to the U.S. Supreme Court to protect our precious religious freedom. Please consider making a generous single gift, or even a small recurring monthly gift, to refill our legal fund. When you do, a special Challenge Grant will DOUBLE the impact of your gift. Please, give generously. Mat Staver  Founder and Chairman  Liberty Counsel

P.S. We need your help to defend religious liberty. Support our legal fund today and have YOUR IMPACT DOUBLED by a generous Challenge Grant.  P.P.S. Join us for our 2025 Gala on April 5 with keynote speaker Congressman Byron Donalds, along with his wife, Erika. The theme is “A New Birth of Freedom.” Register now!