The Sixth Circuit Court of Appeals will hear oral arguments tomorrow in Ermold v. Davis where Liberty Counsel will argue on behalf of former Rowan County Kentucky Clerk Kim Davis to overturn the jury verdict against her that awarded damages to David Ermold and David Moore for “emotional distress” based on “hurt feelings” because she refrained from issuing them a “same-sex marriage” license against her religious beliefs.
The Ermold plaintiffs presented no evidence that warranted compensation for emotional damages, lost wages, maltreatment, or out-of-pocket expenses. They simply claim “hurt feelings.” During the jury trial, they had no idea how to calculate the $50,000 award they sought for each plaintiff. That is insufficient for a jury to award damages. In an identical case, Yates v. Davis, another same-sex couple presented the same arguments but that jury awarded them zero damages because the evidence did not support the awarding of any damages.
Moreover, since the First Amendment is an absolute bar to the emotional damages claim, the Ermold plaintiffs are not seeking damages against Kim Davis as a state actor, but seeking damages against her personally. The U.S. Supreme Court and many federal courts have ruled that when private plaintiffs seek damages against another person in their individual capacity, the First Amendment Free Speech and Religion Clauses bar damages against the defendant. Kim Davis’ refusal to issue a “same-sex marriage” license with her name was clearly motivated by her sincere religious belief.
Liberty Counsel Founder and Chairman Mat Staver said, “The Appeals Court has a chance to give Kim Davis justice in this case since the damage award against her in her individual capacity is barred by the First Amendment. This case underscores why the U.S. Supreme Court should overturn Obergefell v. Hodges because that decision threatens the religious liberty of many Americans who believe that marriage is a sacred institution between one man and one woman. The First Amendment precludes making the choice between your faith and your livelihood.”
