In Emold v. Davis, (6th Cir., March 6, 2025), the U.S. 6th Circuit Court of Appeals upheld a $100,000 damage award to a same-sex couple who were refused a marriage license by Rowan County, Kentucky Clerk Kim Davis who had religious objections to same-sex marriage. The court said in part:
Government officials “have private lives and their own constitutional rights.” ... But when a public official wields the “authority of the state,” she “engage[s] in state action,” which, by definition, cannot be protected by the First Amendment....
Davis alternatively argues that her Free Exercise rights were violated by a different state action: Kentucky’s delay in granting her a religious accommodation. But Plaintiffs had nothing to do with the timing of the accommodation, and Davis’s argument is irrelevant to Plaintiffs’ claim. Either way, Davis has been found liable for state action—not private conduct—so she cannot raise a First Amendment defense...
As Davis sees it, a public official can wield the authority of the state to violate the constitutional rights of citizens if the official believes she is “follow[ing] her conscience.” ... That cannot be correct. “The very purpose of a Bill of Rights” is to place certain freedoms “beyond the reach of . . . [government] officials.” ... Thus, when an official’s discharge of her duties according to her conscience violates the constitutional rights of citizens, the Constitution must win out. The Bill of Rights would serve little purpose if it could be freely ignored whenever an official’s conscience so dictates....
Davis also argues that Kentucky’s RFRA shields her from liability. But that statute does not apply here....
Judge Readler filed an opinion concurring in part and concurring in the judgment. Louisville Courier Journal reports on the decision.
