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Supreme Court Rejects Kim Davis Bid to Overturn Ruling Legalizing Same-Sex Marriage

The Supreme Court rejected a long-shot bid Monday by Kim Davis, the former Kentucky court clerk who refused to issue a marriage license to a gay couple, to get the justices to reconsider the court’s 2015 ruling legalizing same-sex unions nationwide.

Davis, 59, petitioned the justices in July to review a lower court’s 2022 finding that she violated David Ermold and David Moore’s constitutional right to marry.

Four justices would have had to support hearing the case for oral arguments to be scheduled.

Monday’s order did not indicate whether any of the nine justices pushed to hear Davis’ appeal; however, Justice Clarence Thomas has suggested that the ruling in Obergefell v. Hodges be given a second look.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote in a 2022 concurring opinion in Dobbs v. Jackson Women’s Health Organization, which overturned the Roe v. Wade decision that had enshrined the constitutional right to abortion. (Read more from “Supreme Court Rejects Kim Davis Bid to Overturn Ruling Legalizing Same-Sex Marriage” HERE)

Kim Davis Petitions Supreme Court to Overturn Same-Sex Marriage Ruling

Former Kentucky county clerk Kim Davis — once jailed for refusing to issue marriage licenses to same-sex couples — is again asking the U.S. Supreme Court to revisit its 2015 landmark ruling legalizing same-sex marriage nationwide.

In a 90-page petition filed last month, Davis urged the Court to overturn Obergefell v. Hodges, calling it a “legal fiction” and arguing that it violates the religious liberty of Americans who hold traditional beliefs about marriage.

Davis, 59, made national headlines in 2015 when she refused to issue a marriage license to David Ermold and David Moore, a gay couple in Rowan County, Kentucky, shortly after Obergefell was decided. Her refusal led to a five-day jail sentence, and in 2022 a federal jury found she had violated the couple’s constitutional right to marry. She was ordered to pay $100,000 in emotional damages, plus $260,000 in attorneys’ fees.

Mat Staver, founder and chairman of the conservative legal group Liberty Counsel, which represents Davis, said in a statement that the case shows “why the U.S. Supreme Court should overturn the wrongly decided Obergefell v. Hodges opinion.” He argued that the First Amendment should protect public officials from being forced to choose between “faith and livelihood.”

“If ever a case deserved review,” the petition states, “the first individual who was thrown in jail post-Obergefell for seeking accommodation for her religious beliefs should be it.” The filing claims Davis’s actions were protected by her First Amendment rights and that the damages awarded to the couple were based solely on “purported emotional distress.”

The petition also directly asks the Court to reconsider Obergefell and the “legal fiction of substantive due process” on which it was based.

William Powell, attorney for Ermold and Moore, dismissed Davis’s arguments, expressing confidence the Court will not take up the case. “Marriage equality is settled law,” Powell said, adding that the lower courts were correct in rejecting Davis’s legal claims.

This is not Davis’s first appeal to the nation’s highest court. The Supreme Court declined to hear her case in 2020, leaving the Obergefell ruling intact.

Motion Filed Against Judge Who Jailed Kim Davis for Christian Beliefs

Lawyers for Kentucky Christian county clerk Kim Davis are appealing a decision by Judge David Bunning, Hall of Fame pitcher Jim Bunning’s son, forcing taxpayers to foot the bill for lawyers defending same-sex duos.

The same-sex couples, who sued Davis for not issuing them marriage licenses in violation of her religious beliefs, won a temporary order from Bunning. But in a brief filed with the Sixth U.S. Circuit Court of Appeals, Liberty Counsel argues that no fees are owed because the case was dismissed when the state changed the law so that Davis’ name would not be required to appear on marriage licenses, the outcome she originally sought . . .

The brief points out that Bunning was so anxious to rule in favor of the homosexual duos that he didn’t wait until he had jurisdiction in the case before holding a hearing . . .

Liberty Counsel noted the litigation was an attempt to “force an ‘all or nothing’ choice between same-sex marriage on one hand, and religious liberties on the other, with no regard whatsoever for any reasonable accommodation.”

The legal team pointed out that some of the plaintiffs traveled through jurisdictions where they could have gotten licenses in order to reach Davis’ jurisdiction, where they demanded she comply. (Read more from “Motion Filed Against Judge Who Jailed Kim Davis for Christian Beliefs” HERE)

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‘Gays’ Still Trying to Punish Marriage-Defending Clerk Kim Davis

Lawyers for Rowan, Kentucky, County Clerk Kim Davis suspected that the complaints a couple of years ago from homosexuals that she wouldn’t issue marriage licenses to same-sex duos was a deliberate attack on a Christian and the Christian faith.

After all, the “gays” were being treated equally with all others, as Davis stopped issuing all marriage licenses when the Supreme Court created same-sex “marriage,” and the state legislature had not yet had time to craft accommodations for officials with religious beliefs . . .

Her lawyers, at that time, noted a recurring theme in court filings from homosexuals – punish Kim Davis.

“The plaintiffs are showing their true colors in this latest filing,” Mat Staver of Liberty Counsel, which was representing Davis, challenged at the time.

“It has never really been about a marriage license – Rowan County has issued the licenses – it is about forcing their will on a Christian woman through contempt-of-court charges, jail and monetary sanctions. Kim wouldn’t give up the job she loves, so the plaintiffs are asking the court to put the county office into receivership – removing Kim from doing her job.” (Read more from “‘Gays’ Still Trying to Punish Marriage-Defending Clerk Kim Davis” HERE)

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Kim Davis Just Officially Won Her Final Court Case

A federal judge has dismissed all lawsuits against Kim Davis, the Rowan County, Kentucky clerk who refused to issue marriage licenses to gay couples shortly after the U.S. Supreme Court legalized same sex marriage.

Davis was briefly jailed for refusing to issue marriage licenses to gay couples, asserting participation in same-sex marriages violated her religious beliefs. Davis is Pentecostal, a branch of low church Protestantism. After her release, same-sex couples in Rowan County brought claims against Davis, alleging she was violating their civil rights.

U.S. District Court Judge David Bunning dismissed the cases Thursday, ruling that the controversy was now moot.

According to the Courier Journal, the Kentucky General Assembly recently adopted legislation creating new state marriage licenses that do not require the signature of a county clerk. The move came after Governor Matt Bevin issued an executive order to the same effect. Since she, nor any member of her staff, will no longer be required to sign the forms, Davis feels her religious practice is no longer compromised. Her office has already begun issuing the licenses.

“In light of these proceedings, and in view of the fact that the marriage licenses continue to be issued without incident, there no longer remains a case or controversy before the Court,” Bunning wrote. (Read more from “Kim Davis Just Officially Won Her Final Court Case” HERE)

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Man Who Wants to Marry Computer Files Suit Against Kim Davis

A federal lawsuit was filed earlier this month against Kentucky County Clerk Kim Davis for denying a man a license to marry his laptop computer.

Mark “Chris” Sevier of Vanderbilt Law School has a history of being litigious, despite the suspension of his law license in 2011.

Sevier previously filed similar suits in Texas and in Florida. He has told reporters that he is trying to prove that marriage between a same-sex couple has the same legitimacy as a human marrying an inanimate object. (Read more from “Man Who Wants to Marry Computer Files Suit Against Kim Davis” HERE)

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Kim Davis Faces Last Fight in Same-Sex Marriage Battle

Kentucky County Clerk Kim Davis is attempting to end her long legal battle for refusing to sign marriage licenses for same-sex couples.

Davis’ legal team filed a motion Tuesday requesting a federal appeals court dismiss the lawsuit against her after Kentucky passed a law to accommodate Davis and clerks like her. After the Supreme Court recognized same-sex marriage nationwide in 2015, Davis made headlines for refusing to issue marriage licenses. She was sued and jailed for five days for her refusal and became a national point of debate on the ongoing legal struggle to find the line between freedom of conscience and discrimination.

Davis was released from jail when other employees in the clerk’s office began issuing licenses. Her office continued issuing the licenses without her name.

In April, Republican Kentucky Gov. Matt Bevin signed a bill that brings “statutory finality” to the long battle over marriage licenses in the state. The law, which takes effect July 14, changes marriage licenses so they do not include the county clerk’s name and allow people to check whether they are a bride, groom or spouse.

Because of this new law, Davis says the suit against her should be dismissed.

“Because Davis’ appeals are rendered moot by this recent legislative enactment before the merits of her appeals have been decided, this Court, in dismissing the appeals, should also follow its normal course of vacating the district court’s orders on appeal,” Davis’ motion reads.

It remains to be seen how the court will respond. A hearing is set for July.

“From the beginning, Kim Davis requested the very accommodation for her religious convictions that the Kentucky legislature passed and which Gov. Matt Bevin signed into law,” Mat Staver, Founder and Chairman of Liberty Counsel, the group representing Davis, said in a statement. “The previous governor could have made the same accommodation but refused to do so. Instead, he was willing to violate deeply-held religious convictions about marriage in order to press his ideological agenda. Now that Kim Davis obtained the accommodation she has always requested, we notified the Court of Appeals that the case has become moot and no further legal proceedings are needed. We are very pleased with this outcome.” (For more from the author of “Kim Davis Faces Last Fight in Same-Sex Marriage Battle” please click HERE)

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Christian Values Being Threatened by Obama’s Final Speech at State of the Union

Kim Davis, the Kentucky clerk who refused to issue marriage licenses for homosexuals, commented on what she considered to be President Barack Obama’s legacy just prior to the his final State of the Union speech, telling CNSNews.com, “I think he has chipped away at American Christian values piece by piece, and I hope and I pray that he garners some light at the end of this dark tunnel that we’ve been in.”

The Rowan County, Ky., clerk was briefly jailed last year following the Supreme Court ruling that legalized homosexual “marriage” for refusing to issue marriage licenses to same-sex couples because it went against her Christian beliefs.

Rep. Jim Jordan (R-Ohio) invited Davis to the State of the Union, who spoke with CNSNews.com on Capitol Hill Tuesday evening.

The invitation is “a great honor,” said Davis.

CNSNews.com asked Davis, “How does it feel representing those who believe marriage is between a man and a woman and are standing for this belief the way you have?” (Read more from “Christian Values Being Threatened by Obama’s Final Speech at State of the Union” HERE)

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Huge Accusation Made Against Kim Davis, It Could Land Her in More Hot Water

Free-Kim-Davis-913x512The remedy Kentucky clerk Kim Davis devised for handling marriage licenses may violate the court order that freed her from jail, according to court documents filed on Friday.

A document filed by Richard Hughes, attorney for Rowan County, Ky., Deputy Clerk Brian Mason, said that on Monday, Davis’ first day back at work, she “confiscated all the original forms, and provided a changed form which deletes all mentions of the County, fills in one of the blanks that would otherwise be the County with the Court’s styling, deletes her name, deletes all of the deputy clerk references, and in place of deputy clerk types in the name of Brian Mason, and has him initial rather than sign.”

This was in keeping with Davis’ pledge that she would remove her name from the license forms and substitute that of the court that first jailed and later freed her.

“It also appears to this counsel those changes were made in some attempt to circumvent the court’s orders and may have raised to the level of interference against the court’s orders,” Hughes’ Friday filing said.

The change means the licenses may in fact have some “substantial questions about validity,” the court filing said.

“It is expected there will be other parties to the action that will bring a request to this court for a review on whether or not her actions are against the orders of the court,” the court papers said. (Read more from “Huge Accusation Made Against Kim Davis, It Could Land Her in More Hot Water” HERE)

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Needed: A Million More Like Kim Davis

Daniel-in-the-Lions-DenLike the Union troops hunkered at Fort Sumter, faithful Christians are now exiles in our own land, and under fire. Anti-Christian “progressives” have demanded unconditional surrender, and federal Judge David Bunning has fired the first mortar round.

[When I wrote this], a soft-spoken and well-respected civil servant of 27 years [sat] languishing, like some violent criminal, in a Kentucky prison. She [was] confined, indefinitely and without benefit of a trial, to a tiny cell. She [was] a political prisoner in a moral and spiritual war.

[See the story about Kim Davis’s release HERE]

Like so many accidental civil-rights heroes that came before her, Davis, a Democrat who was overwhelmingly elected as Rowan County clerk, has peacefully and graciously refused to violate her Christian conscience. She has declined to sign her name to marriage certificates that defy God’s natural design for the timeless institution and has requested, as a simple accommodation, that either her name be removed from the marriage licenses, thus eliminating her personalized acquiescence to the Supreme Court’s novel attempt to usurp God’s authority and redefine this cornerstone institution, or, alternatively, “to allow licenses to be issued by the chief executive of Rowan County or [by] developing a statewide, online marriage license process.”

That’s it. Simple, reasonable and fair. Our nation has a rich history of respecting the rights of conscientious objectors, and Kim Davis, like tens-of-millions of her brothers and sisters in Christ, is exactly that.

“There is absolutely no reason that this case has gone so far without reasonable people respecting and accommodating Kim Davis’ First Amendment rights,” said Mat Staver, Davis’ attorney and head of Liberty Counsel, a Christian civil rights organization.

“This is a heaven or hell issue for me and for every other Christian that believes,” Davis said on Thursday. “This is a fight worth fighting. … I’ve weighed the cost and I’m prepared to go to jail.”

And so she has.

Reasonable people can disagree on the propriety of Kim’s actions. Some say that she was right in refusing to violate her conscience by signing her name to a legal document that presumes to solemnize that which God condemns. Still others say that she needs to either “do her job” or resign — that she took an oath and is violating that oath.

Nevertheless, all reasonable people must agree that imprisoning this innocent woman for her conscience is both an outrage and gross violation of her constitutional liberties. Even the ACLU thought it was a bridge too far. The fact remains that people don’t shed their First Amendment rights when they become government employees. Kim Davis swore to uphold the U.S. Constitution, the Kentucky Constitution and the laws of the Bluegrass state. When she took her oath, United States law, the Kentucky Constitution and the Kentucky Revised Statutes all reflected the millennia-old definition of natural marriage: “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky.”

The Kentucky Legislature has yet to change this law one jot or tittle. Instead, five lawyers in Washington, D.C., issued an opinion presuming to move the goalposts mid-game. Court opinions are not “the law of the land.” Judges don’t make laws — only the legislature can do that. Kim Davis is not defying the law; she is upholding it as codified.

Accordingly, she has repeatedly asked, “Under what law am I authorized to issue homosexual couples a marriage license?”

Neither Judge Bunning nor anyone else can answer.

Because no such law exists.

In a statement on Friday, Mat Staver made the same point: “Not long ago 75 percent of Kentuckians passed the state’s marriage amendment. Today a Christian is imprisoned for believing what the voters affirmed: marriage is between a man and a woman. Five people on the Supreme Court imposed their will on 320 million Americans and unleashed a torrent of assaults against people of faith. Kim Davis is the first victim of this tragedy.”

Indeed, many scoffed at our warnings that Christians will someday be forced to either endorse “gay marriage” or go to jail. Well, scoff no more. That day has arrived. In just two months since the high court’s disgraceful Obergefell v. Hodges opinion, the full-on criminalization of Christianity has begun. You must either bow a knee before the false gods of same-sex “marriage” and “gay rights,” or face the fiery “contempt of court” furnace. We have moved from anecdotal instances of anti-Christian discrimination to systemic religious persecution.

Here’s the formula: 1) The government affirms homosexual behavior, abortion or some other institutionalized sin via judicial fiat; 2) Christian objects, refuses to disobey God and requests a reasonable religious accommodation; 3) The government denies the accommodation and jails the Christian for “contempt of court.”

You’re going to hear that term “contempt of court” a lot in coming days. It’s the straw man charge that will be utilized to imprison not just Christian public officials, but private citizens as well. Christian business owners, lawyers, private sector employees, parents of school-age children who don’t want their children indoctrinated by sexual anarchist propaganda and many others will be held in contempt of court, denied due process and incarcerated indefinitely.

The persecution isn’t coming. The persecution has arrived.

And that’s what it means to be a Christ follower.

Pray for a million more like Kim Davis. Is she perfect? Certainly not. None of us is. Indeed, before Kim’s transformational Christian re-birth four years ago, she was thrice divorced and “played in the devil’s playground” for much of her life.

She was lost. But now she’s found. God has an amazing way of taking empty, broken vessels, rebuilding their lives and then using them mightily for His glory and honor.

Stand, like Kim, fearlessly, lovingly and boldly for Christ, declaring, as did the apostles when faced with a similar decision, “We must obey God rather than any human authority” (see Acts 5:29).

Indeed, as the Bible’s Daniel, a “public official,” boldly refused to disobey God and commit sin by worshiping a pagan king, so too has Kim Davis honored our Lord by refusing to bow before a pagan court – by refusing to call evil good and good evil.

They wanted to make an example of her. Instead, they made a martyr of her.

And awakened a sleeping giant in the process. (For more from the author of “Needed: A Million More Like Kim Davis” please click HERE)

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