[Updated:] Davis, A County Clerk, Is Presumptively Liable To Same Sex Couples -- For Violating Their Rights. If Religion Was Her Claim, She Must Release Her Government Job. Full Stop.

We have covered this, for seven long years now.

The reduction to insolvency of Former Clerk Kimberly Davis, in Rowan County Kentucky. . . is at hand. In sum -- the full measure of. . . justice -- after seven long years. . . is finally arriving:

. . .[T]he Sixth Circuit affirmatively stated that [the US Supreme Court's] Obergefell recognition of same-sex marriage “made no mention of a limit on that right, of an exception to it, or of a multi-factor test for determining when an official violates it. For a reasonable official, Obergefell left no uncertainty. . . .”

For the reasons stated herein, the Ermold Plaintiffs’ Motion for Summary Judgment is granted, ECF No. 88, the Yates Plaintiffs’ Motion for Summary Judgment is granted, ECF No. 81, and Defendant Kim Davis’s Motions for Summary Judgment are denied. . . .

Davis read and understood the Obergefell decision. Ermold, ECF No. 88-2 at 18; Yates, ECF No. 80 at 64-65 (“Yeah, it told [same-sex couples] that they could get a license”). On the same day Obergefell was decided, then-Governor Steve Beshear wrote a letter to Kentucky county clerks explaining the decision, stating “[t]he Obergefell decision makes plain that the Constitution requires that Kentucky – and all states – license and recognize the marriages of same-sex couples . . . [e]ffective today, Kentucky will recognize as valid all same sex marriages performed in other states and in Kentucky.” Ermold, ECF No. 88-3; Yates, ECF No. 80-2. Governor Beshear advised the county clerks to “consult with your county attorney on any particular aspects related to the implementation of the Supreme Court’s decision. . . .”

Davis then sought the advice of the Rowan County Attorney, as suggested in Governor Beshear’s letter, who advised her that the law required her to issue marriage licenses to same-sex couples. Ermold, ECF No. 88-2 at 20; Yates, ECF No. 80 at 78. Davis ignored the Rowan County Attorney’s advice. Ermold, ECF No. 88-2 at 20; Yates, ECF No. 80 at 78. Instead, Davis directed her employees at the Rowan County Clerk’s Office not to issue marriage licenses directly following the Obergefell decision. . . .

Finally, the Ermold and Yates Plaintiffs were granted marriage licenses on September 4, 2015 by a deputy clerk, while Davis was in jail for contempt of court. . . .

The sole remaining question, for the coming trial then -- is how much must Davis PERSONALLY pay for violating these human rights. We here earnestly hope they bankrupt her -- for dereliction of a state ordered (and US Supreme Court clearly ordered) duty of her office. If that duty conflicted with her religious beliefs, the law has long held she must resign. . . if she cannot do her job.

It is not a private job -- it requires that she must uphold and obey the public trust. Just as if a police officer had said he could never arrest a Klansman (citing specious religious grounds), must resign -- so too, Davis.

Equal protection means. . . equal, under the law.

Onward -- feeling thrice vindicated now -- a great week in the federal courts, on this early evening. . . .

And. . . late on Sat. night, we see that St. Peter’s Cinderella ball dance continues on -- to the Sweet 16. . . grinning!

नमस्ते