Via email from hate group leader Mat Staver:
Liberty Counsel filed its opening brief in the appeal to the Sixth Circuit Court of Appeals on behalf of former Rowan County, Kentucky Clerk Kim Davis, who was denied the motion for summary judgment by U.S. District Court Judge David Bunning in the cases of Ermold v. Davis and Yates v. Davis.
Liberty Counsel argues that Davis is not liable for damages because she was entitled to a religious accommodation (which Governor Matt Bevin and the legislature unanimously granted) from issuing marriage licenses that conflict with her religious beliefs.
Davis is a professing Christian who possesses a sincerely held religious belief and conviction, based on the Bible which she believes to be the Word of God, that “marriage” is exclusively a union between one man and one woman.
According to her beliefs, there is no union other than one man and one woman that is or can be called “marriage.” As a result, when the two same-sex couple plaintiffs insisted that Davis sign their “marriage” license, Davis could neither authorize nor approve the “marriage” according to her conscience and sincerely held religious beliefs.
In granting summary judgment for the plaintiffs, Judge Bunning ruled that Davis violated “clearly established” law when she ceased issuing all marriage licenses. Davis argues that a finding of liability would violate the First Amendment Free Exercise of Religion Clause.
In addition, Davis is entitled to qualified immunity from the plaintiffs’ claims because the accommodation of Davis’s free exercise rights did not violate the plaintiffs’ constitutional right to marry. Therefore, the refusal of Governor Beshear to accommodate Kim Davis violated her First Amendment free exercise rights.
The notice of appeal was filed on April 1st.
The Kim Davis case continues. In our opening brief at appeals court, we argue Kim is not liable for damages because she was entitled to a religious accommodation based on her sincerely held religious beliefs about marriage. https://t.co/9Q3PGEVuAd
— Liberty Counsel (@libertycounsel) June 15, 2022
Attorneys for defendant Kim Davis have filed notices of appeal to the 6th Circuit. In a tele status conference this morning, Judge Bunning noted he no longer has jurisdiction with the appeals pending, but he intends to set a date for trial re damages once appeals are resolved. https://t.co/xwYlvW94yg
— Equality Case Files (@EQCF) April 1, 2022