Joe.My.God. LGBT News
Bloomberg Law News reports:
The full Sixth Circuit won’t take up an appeal by a former Kentucky county clerk who refused to issue same-sex marriage licenses after the US Supreme Court legalized it in 2015.
The three-judge panel for the US Court of Appeals for the Sixth Circuit determined that the issues Kim Davis raised in front of the court were “fully considered” by the time it released its decision in March, according to a brief order issued Monday.
Additionally, no other judge requested a vote on whether the full court should rehear the case.
The Liberty Counsel has the usual spin:
Liberty Counsel will ask the U.S. Supreme Court to review former Rowan County Kentucky Clerk Kim Davis’ case regarding whether the First Amendment shields her from liability and damages for refraining from issuing a “same-sex marriage” license against her religious beliefs.
The full Sixth Circuit Court of Appeals recently [JMG: yesterday] denied Davis’ request to rehear her case after a three-judge panel affirmed the jury verdict against her. However, the appeals court indicated this is potentially a case of “first impression,” meaning that Davis’ case presents a novel or unique question of law for which the courts have not settled on an answer.
The case has raised the question of whether a government official sued in an individual capacity and stripped of governmental immunity may assert a personal First Amendment defense to monetary damages.
By taking the case, SCOTUS can answer the question of “first impression,” resolve any conflicts with Supreme Court precedent, and ensure that former government defendants standing before the Court in their personal capacity do not lose First Amendment protections.
The Lexington Herald-Leader reports:
In March, a three-judge panel on the appellate court denied her request overturn a previous ruling that requires her to pay more than $360,000 in damages to one of the couples she denied a marriage license to in 2015. Davis and her attorneys at Liberty Counsel then asked for the entire slate of judges on the Sixth Circuit court to review her case. That request for an en banc hearing was denied Monday, further narrowing her avenues for potential appeals.
“The original panel has reviewed the petition for re-hearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision of the case,” Clerk Kelly Stephens wrote in the April 28 ruling.
“The petition then was circulated to the full court. No judge has requested a vote on the suggestion for rehearing en banc. Therefore, the petition is denied.” Davis and her attorneys have repeatedly said their hope is to take her case to the U.S. Supreme Court in order to overturn Obergefell v. Hodges, the 2015 decision legalizing gay marriage.
The Liberty Counsel, of course, includes a money beg.
Former county clerk Kim Davis nears her 10-year anniversary of losing her courtroom battles, keeps the tradition going. www.kentucky.com/news/politics-government/article305230821.html
— Bluegrass Politics (@bluegrasspolitics.bsky.social) April 28, 2025 at 1:39 PM
NEWS: The full Sixth Circuit will not review Kim Davis’s case en banc, meaning her next step could be a long-shot request that SCOTUS take up her appeal (on a questionable record).
Background at Law Dork: www.lawdork.com/p/kim-davis-…
— Chris Geidner (@chrisgeidner.bsky.social) April 28, 2025 at 9:19 AM