Kim Davis: Marriage Licenses For Same-Sex Couples Not "Valid In God's Eyes"

Listen up, all. Kim Davis has more to say

To EACH Their Own: Americans United's Legislative Team Comments on The EACH Act

Americans United's Legislative team explains the EACH Act and its potential costs to both the ACA and society.

Deputy Clerk Alleges Kim Davis Interfered With Marriage Licenses Against Court Order

You might have heard the name Brian Mason in conjunction with the Great Kim Davis Debacle of Rowan County, Kentucky. One of Davis' deputy clerks, Mason spoke to the press during his boss's imprisonment, announcing to the country that he would continue to issue marriage licenses to same-sex couples regardless of the county clerk's opinion on the matter. Since then, he's done just that, ignoring the raging political battle going on outside his office doors. Unfortunately for Davis, some changes she has made to the marriage license forms has inspired Mason to speak out again. 

RFRA Jumps The Shark: The 8th Circuit Strikes Down the Contraception Accommodation (Part 1)

This article by Americans United's Senior Litigation Counsel Gregory M. Lipper originally appeared on Harvard Law's Bill of Health blog. 

Federal Court Shuts Down Kim Davis Once Again While Others Take Up Her Flag

The Sixth Circuit Court of Appeals is getting really tired of Kim Davis' shenanigans. Yesterday, they denied her motion for a stay of the September 3 preliminary injunction pending appeal

Bad Decision: Federal Appeals Court Strikes Down Non-Profit Religious Accommodation For Contraception Coverage

In a baffling decision, the Eighth Circuit Court of Appeals has decided to strike down the ACA contraception accommodations for religious non-profits in the case of Dordt College v. Burwell. 

Another Blow For Kim Davis From The Sixth Circuit Court of Appeals

Kim Davis might be out of jail and back in the office, but that doesn't mean that things are necessarily going well for her.

Missouri School Board Updates Anti-Discrimination Policy To Include Gender Identity And Expression

It's always a pleasure to add good news to this blog

First Marriage License Issued to Same-Sex Couple After Kim Davis' Return

Kim Davis may (still) not be doing her job, but that doesn't mean that her deputy clerks are sitting idle.

North Carolina County Magistrates Refuse To Perform Any Marriages Because Of Marriage Equality

Meanwhile, in states that are not Kentucky..

Kim Davis Supporters Call On Deputy Clerks To Either Stop Issuing Marriage Licenses Or Quit

In a stunning display of hypocrisy, Kentucky county clerk Kim Davis' supporters urged the Rowan County deputy clerks working under Davis to follow their oaths and not issue marriage licenses to same-sex couples. 

Kim Davis Should Go Back To Jail If She Interferes With Deputy Clerks’ Ability To Issue Marriage Licenses, Says Americans United

Church-State Watchdog Group Says Recalcitrant Clerk
Must Be Closely Monitored

Controversial Rowan County, Ky., clerk Kim Davis should be sent back to jail if she interferes with her office’s ability to issue marriage licenses to same-sex couples, says Americans United for Separation of Church and State.

“Reports have surfaced that Kim Davis intends to violate the court order by again denying marriage licenses to same-sex couples,” said Barry W. Lynn, executive director of Americans United. “If Davis does that, she deserves to go back behind bars.”

U.S. District Judge David L. Bunning ordered Davis released today under the condition that she not interfere with the ability of her deputy clerks to issue licenses to all couples who are legally permitted to obtain them. Several media outlets, however, have reported that Davis doesn’t intend to abide by that condition.

Davis has refused to issue marriage licenses to any couples in Rowan County because she opposes same-sex marriage. Her staff was willing to issue the licenses, but she ordered them not to.

Lynn expressed dismay over the Davis saga and said efforts by Religious Right groups to portray her as a hero are offensive.

“Kim Davis’ supporters who believe she is akin to Martin Luther King are delusional,” Lynn said. “The woman is much more like George Wallace. Davis is abusing the authority of her office to restrict rights, not expand them. That makes all the difference.”

Added Lynn, “Davis believes her religious beliefs give her the right to tell others what to do. Her efforts to pose as a ‘religious freedom’ martyr are laughable. If she really believes she can’t do her job, she ought to do the honorable thing and resign.” 

Kim Davis To Be Released From Jail On Judge's Orders

After a brief holiday weekend break, all eyes are back on Kentucky where the recently jailed Kim Davis is about to once again breathe the free air.

(Final) Reply to Author of Cato Brief in Little Sisters Contraception Case

This article by Americans United's Senior Litigation Counsel Gregory M. Lipper originally appeared on Harvard Law's Bill of Health blog. 

This is the third and (I promise) final installment in my skirmish with Josh Blackman over a brief that he and Cato Institute filed in support of Little Sisters of the Poor’s quixotic challenge to regulations requiring them to fill out a form to obtain an exemption from providing contraceptive coverage to its employees. If you haven’t read the previous posts, you can do so here (my first post), here (Josh’s response to me), here (my first reply to Josh), and here (Josh’s second response to me). The basic gist is that, contrary to Cato’s brief, (1) HHS had the authority to implement the nonprofit accommodation, and (2) if HHS didn’t have the authority to issue the accommodation, then Hobby Lobby no longer controls whether the original contraceptive coverage requirement satisfies RFRA, because the Court in Hobby Lobby pointed to the HHS accommodation as the basis for concluding that a less-restrictive alternative exists.

Litany Of Lies: FRC’s Perkins Packs An Email With Copious Falsehoods

From Americans United's Wall of Separation blog

I realize that people may be tired of reading about the saga of Kim Davis, the Rowan County, Ky., clerk who is in jail because she ignored a federal court order to issue marriage licenses to same-sex couples. But on Friday I received a blast email from Tony Perkins, president of the Family Research Council (FRC), that is so littered with lies that it demands a reply.

A Reply to the Author of Cato’s Brief in the Little Sisters Contraception Case

This article by Americans United's Senior Litigation Counsel Gregory M. Lipper originally appeared on Harvard Law's Bill of Health blog. 

Josh Blackman has replied to my post criticizing the Cato Institute’s amicus brief (which Josh coauthored) in support of the cert petition in the Little Sisters contraception case. My original post made two arguments: (1) if you take away the nonprofit accommodation, Hobby Lobby no longer supplies a rule of decision, because the presence of the nonprofit accommodation was what led the Court to conclude that RFRA barred the coverage requirement, and (2) if you prevent regulatory agencies from offering reasonable, tailored accommodations to their regulations, the result is bad for religious liberty.

Gulag Appalachia?: Kentucky Clerk Claims Persecution, Refuses To Obey Supreme Court Verdict

Kim Davis is many things – an Apostolic Christian, the Rowan County, Kentucky, clerk and now, to some, a political prisoner.