In 2016, Judge Bunning dismissed all three 2015 marriage license lawsuits against her. In 2017, Bunning ruled that neither Kim Davis nor Rowan County were liable for attorney's fees over the marriage license issue that began in 2015. In 2019, the Sixth Circuit Court of Appeals issued two opinions in reversing and remanding the cases for further consideration. The cases of Ermold v. Davis, Yates v. Davis, and Miller v. Davis center on whether the plaintiffs are entitled to attorney fees and/or damages, and, if so, whether the Commonwealth, Rowan County or Kim Davis is liable for payment.

In the Miller appeal, the Sixth Circuit ruled that the Commonwealth of Kentucky is liable for attorney's fees, not the county, nor Kim Davis. In the Ermold appeal, the court agrees with lower court Judge Bunning—that Davis in her official capacity has sovereign immunity because she acted for the state (not the county). However, the Court ruled that Kim Davis has no qualified immunity as an individual. The Court noted that the case is at a very "early" stage and that no discovery has been conducted on this issue.

When Governor Matt Bevin took office in December 2015, he immediately issued an executive order accommodating all Kentucky clerks who refused to issue marriage licenses that conflict with their religious beliefs. Then in 2016, the Kentucky General Assembly unanimously passed legislation that provided accommodation for clerks who object to issuing marriage licenses for same-sex ceremonies.

In fact, (1) Kentucky has a history of accommodating clerks who chose to opt out of issuing hunting and fishing licenses; (2) Gov. Beshear accommodated the religious and conscientious objection of his attorney general who requested to opt out of defending the marriage law; (3) Gov. Matt Bevin accommodated Kim Davis and other clerks the first week he took office; and (4) the Kentucky General Assembly unanimously passed a law accommodating all clerks with religious objections by permitting them to opt out of issuing such licenses. Therefore, the refusal of Gov. Beshear to accommodate Kim Davis violated her First Amendment free exercise rights.

When Davis petitioned the Supreme Court for review in 2020, the High Court denied review in which the only issue raised was sovereign immunity. However, Justices Thomas and Alito appeared to invite future challenges to the 2015 Obergefell marriage case. Justice Thomas, joined by Justice Alito, wrote that "[t]his petition implicates important questions about the scope of our decision in Obergefell, but it does not cleanly present them."

In granting summary judgment for the plaintiffs, Judge Bunning ruled that Davis violated "clearly established" law when she ceased issuing all marriage licenses. The case will now proceed to trial on the issue of damages, if any. Davis argues that a finding of liability would violate the First Amendment Free Exercise of Religion.

This case now clearly presents the free exercise defense and thus could return to the Supreme Court.

Liberty Counsel Founder and Chairman Mat Staver said, "Kim Davis is entitled to protection to an accommodation based on her sincere religious belief. This case raises serious First Amendment free exercise of religion claims and has a high potential of reaching the Supreme Court." Subscribe for free to Breaking Christian News here

To receive daily emails from Breaking Christian News to your inbox CLICK HERE

The Undercroft: The New Museum Located Underneath the Lincoln Memorial Opens in Time for America's 250th Birthday (Video)

Samaritan's Purse Sending Help to Venezuela after Devastating Earthquakes

Postmaster General Tells Congress USPS Will NOT DELIVER Mail-In Ballots to States That Refuse to Comply with President Trump's Election Integrity Executive Order

US Forces Kill ISIS Leader in Syria Airstrike: CENTCOM

Senate GOP Reverses Course, Rejecting War Powers Resolution after Trump Meeting

Here's What Trump Demanded from Republican Senators Behind Closed Doors

Obama Judge Permanently Blocks Trump's Proof of Citizenship Requirement to Vote; Appeal Coming

SCOTUS Decides How Far States May Regulate Concealed Carry in Public

Supreme Court Rules on Endless 'Temporary Protected Status' for Aliens

Strongest Earthquakes in More Than a Century Hit Venezuela, Causing Widespread Damage, Injuries and Death; Trump Says US Ready to Help

Texas Judge Wins Big After Faith-Based Stand on Marriage, Awarded $640K

'HEINOUS': White House Condemns Judge's Order Mandating 'Woke' Ideology at National Parks

Antifa Members Convicted in Texas ICE Attack Sentenced to Lengthy Prison Terms

New York City's Socialist 'Tsunami' Is Only the Latest Weirdness from the Big Apple

Trump Declares 'National Emergency,' Demands Housing Overhaul Bill Be Scrapped in SAVE Act Push

Senate RINOS Too Busy Scolding Trump to Pass Voter ID Bill

Lebanon a Major Sticking Point in US-Iran Discussions as Rubio Visits UAE to Reassure Allies on MoU

Biden DEA Let 1M Fentanyl Pills Flow to Streets, Whistleblower Lawyer Says

Supreme Court: Border Officers Can Suspend Criminal Illegals' Permanent Status

How China Is Poisoning America With Parkinson's