Via email from hate group leader Mat Staver:
Although the U.S. Supreme Court has declined to grant review of the Sixth Circuit Court of Appeals decision involving former Rowan County Clerk Kim Davis and regarding the legal doctrine known as qualified immunity, Justices Thomas and Alito appear to invite future challenges to the 2015 Obergefell marriage case.
Justice Clarence Thomas (joined by Justice Samuel Alito) wrote that the Supreme Court’s majority decision in Obergefell v. Hodges caused a collision with religious liberty and the Court must fix it. Four justices, including Chief Justice John Roberts, strongly dissented in Obergefell. Justice Alito predicted the opinion would cause significant problems for religious freedom.
Davis has continued to argue that she is not liable for damages because she was entitled to a religious accommodation (which former Governor Bevin and the legislature granted), and that her actions did not violate clearly established rights.
In 2016, Kentucky unanimously passed legislation to provide religious liberty accommodation for Kim Davis and other Kentucky clerks.
There has been no final ruling on whether Davis is liable for damages. Depending on how the case finally concludes at the lower court, Liberty Counsel will then file a petition to present the opportunity for the Supreme Court to address Obergefell.
Liberty Counsel Founder and Chairman Mat Staver said, “Even though the High Court declined to take up qualified immunity, Justices Thomas and Alito are inviting future challenges regarding Obergefell and to fix the mess the Court created.”
“Even though the High Court declined to take up qualified immunity, Justices Thomas and Alito are inviting future challenges regarding Obergefell and to fix the mess the Court created.” https://t.co/TO3u52MJVs pic.twitter.com/UONE9BM9vo
— Liberty Counsel (@libertycounsel) October 5, 2020