A same-sex couple is seeking to reinstate its case against the Kentucky clerk who was jailed for refusing to issue marriage licenses to same-sex couples.
The case against Kim Davis, Ermold vs. Davis, was one of three dismissed earlier this year, including one that put Davis in jail for six days. Together, the dismissals were hailed as “a decisive victory in her fight for religious freedom” by her defender, the non-profit Liberty Counsel.
The legal group said Friday the plaintiffs in Ermold were seeking to force a “winner take all” decision between same-sex “marriage” and religious liberty.
The Ermold v. Davis plaintiffs appealed the trial court’s dismissal of their case, which never sought a marriage license and only sought to recover money damages from Davis.
In a brief, Liberty Counsel is asking the appellate court to affirm the dismissal.
“The Ermold plaintiffs only ever wanted money and attention from their suit against Kim Davis, and their attempt to reopen the appeal is nothing more than a desperate attempt to harass Davis and needlessly reopen a settled controversy,” said Mat Staver, founder and chairman of Liberty Counsel.
This is a ‘Hail Mary’ pass that doesn’t have a prayer. Kim Davis won a great victory for religious liberty, and the appellate court should refuse to reopen the case it previously dismissed,” said Staver.
In December 2015, Kentucky Gov. Matt Bevin signed an executive order removing the name and authority of county clerks from Kentucky marriage licenses, and establishing that Davis and other county clerks had a right to conscience protection under Kentucky’s Religious Freedom Restoration Act.
The Kentucky General Assembly followed up Bevin by unanimously making his accommodation permanent in Kentucky law.
All three marriage cases were dismissed by the federal court of appeals and the lower federal court in their entirety, finding nothing left for the court to decide.
The case emerged after the U.S. Supreme Court’s 5-4 same-sex “marriage” last year.
After the decision, Davis stopped marriage licenses to anyone to anyone to avoid issuing them to same-sex couples, which would be a violation of her Christian beliefs.
She requested a minor religious accommodation of having her name removed from the marriage licenses, but then-Gov. Steve Beshear refused. When Davis refused an order by U.S. District Judge David Bunning to issued the licenses, the judge sent her to jail.
When Beshear’s successor, Bevin, took office, he issued an executive order providing the requested accommodation to Davis and others..
WND has documented numerous cases of government rulings that removed religious rights from Christians.
Missouri State University, for example, dismissed a student from a counseling program for expressing opposition to counseling same-sex couples.
In Texas, David and Edie Delmore, who own a bakery, were approached by Ben Valencia and Luis Marmolejo about a cake for a “gay wedding.” They declined, referring the potential customers to other bakers. Subsequently, they claim their home has been vandalized and their son has been threatened with rape by a broken beer bottle.
One business even was attacked for answering a hypothetical question on the issue. The owner of Family owned Memories Pizza in Indiana was interviewed by a local TV station in the aftermath of the adoption of the state’s religious freedom law. Responding to a reporter’s question, the owner said that while her restaurant serves “gays,” her Christian faith wouldn’t allow her to cater a “gay wedding.” The restaurant immediately became a focal point of outrage toward the law, with threats of death and destruction, causing the owners to shut down their business.