Ermold v. Davis case could overturn Supreme Court same-sex marriage ruling

01/15/2024 / By Laura Harris

The legal case against a former Kentucky county clerk who refused to sign the marriage licenses of same-sex couples in 2015 due to her religious belief that marriage is between a man and a woman may overturn a Supreme Court decision legalizing gay marriage nationwide.

In 2015, Kim Davis, a devout Christian, cited religious grounds as justification for her refusal to sign the marriage license of David Ermold and David Moore, despite a prior Supreme Court ruling – Obergefell v. Hodges – declaring that same-sex marriage is a constitutional right. This led to the current case against her, Ermold v. Davis. (Related: Matt Walsh challenges Joe Rogan on same-sex ‘marriage’ and surrogacy: ‘Mom is not expendable.’)

In September 2023, after years of legal proceedings, a jury in the District Court of Eastern Kentucky awarded $50,000 in damages to each plaintiff. In addition, Judge David Bunning granted the couple an extra $260,000 to cover attorney’s fees and other expenses.

According to Mat Staver, the founder and chairman of Liberty Counsel, a conservative Christian legal foundation representing Davis, this case has the potential to challenge Obergefell v. Hodges. Liberty Counsel argues that the damages awarded were based on insufficient evidence, violating the Federal Rules of Civil Procedure.

“Then they switched over to they had hurt feelings and they did not present any evidence of that. You can’t get damages based on hurt feelings without showing some evidence, corroborating evidence, medical evidence and psychological evidence. They presented nothing,” Staver said.

As a response, the Liberty Counsel is set to formally request that Bunning reverse the jury’s verdict. Should this motion be denied, the legal foundation plans to escalate the matter to the 6th Circuit Court of Appeals and, if necessary, onward to the Supreme Court.

Liberty Counsel contends that prior 6th Circuit decisions emphasize the need for documented evidence of harm rather than mere testimony regarding emotional distress. The foundation aims to present a case not just against the damages awarded but to argue for the broader issue of religious liberty.

“This case has the potential to extend the same religious freedom protections beyond Kentucky and to overturn Obergefell v. Hodges, which was wrongly decided and should be overturned,” Staver said.

Biden gave federal protections to same-sex marriages when he signed the Respect for Marriage Act in 2022

In December 2022, President Joe Biden made it more difficult to overturn same-sex marriage when he signed the Respect for Marriage Act (RFMA), which extends federal protections to same-sex marriages.

The RFMA mandates that states honor the validity of out-of-state marriage licenses, including those for same-sex and interracial unions, and repeals the Defense of Marriage Act, which previously defined marriage as between a man and a woman.

The legislation received bipartisan support in Congress, with 39 Republicans joining the then-Democratic majority in the House of Representatives. In the Senate, the bill passed with a filibuster-proof majority of 61 to 36.

“Everyone should have the right to answer those questions for themselves without government interference. America takes a vital step toward equality, for liberty and justice, not just for some, but for everyone,” said Biden during the signing ceremony.

Visit CultureWars.news for more stories about same-sex marriages.

Watch the video below that talks about the signing of the Respect for Marriage bill into law.

This video is from the Wake Up channel on Brighteon.com.