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READ IT HERE: Kim Davis’ opening brief in her Sixth Circuit appeal

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Kentucky state sealKim Davis has filed her opening brief in her appeal. The brief was filed in the Sixth Circuit Court of Appeals.

You can read it here.

Thanks to Equality Case Files for these filings

14 Comments

  • 1. jjcpelayojr  |  November 2, 2015 at 6:14 pm

    Not gonna lie…I couldn't get past the table of contents…

  • 2. FredDorner  |  November 2, 2015 at 9:50 pm

    It's actually a well-written brief by John Christman although it has the typical Liberty Counsel spin on events (like calling Beshear's advice to the clerks a "mandate"). It will also be very easily dismantled by the ACLU and many of the arguments are patently absurd……like the claim that the state has no compelling interest in whether marriage licenses are available in Rowan County.

  • 3. 1grod  |  November 3, 2015 at 4:50 am

    Fred – No doubt the 9 or 10 recalcitrant AL probate judges like Clarke Co's Valarie Bradford Davis will look to the this 126 pg brief for support of their beliefs and position. They might draw encouragement from the argument that "The District Court Unconstitutionally Commandeered the province and affairs of a state office ran by a publically elected official". [pg 86]. Washington Co's Nick Williams. who is also an associate pastor at Rivers Baptist Church, might find the argument regarding "Sincerely-Held Religious Beliefs about marriage" [pg 11] pertinent to his situation.

  • 4. guitaristbl  |  November 3, 2015 at 6:07 am

    All my thoughts are with Houston today – I hope people get out and vote.

  • 5. JayJonson  |  November 3, 2015 at 6:21 am

    My thoughts are also with Houston today. I hope that my misgivings about the campaign waged by Houston Unites have been misplaced, or at least that Houstonians are sensible enough not to fooled by the craziness of the opposition.

    I don't know how many Houstonians read the New York Times, but the NYT editorial board has a good endorsement of HERO in today's paper. Here are some quotes:

    "On Tuesday, Houston voters will be asked if they want to keep or repeal the city’s strong and enlightened equal rights ordinance, which was approved by the City Council last year and put on hold pending this week’s vote. Opponents of the law have perversely turned a broad, sensible measure that protects people from discrimination in employment, city services, housing and public accommodations, among other things, into a debate about sexual predators in women’s restrooms."

    "Houston residents should not succumb to that ugly fearmongering. Those who vote “yes” to retaining the ordinance will be affirming the city’s most valuable asset: its longstanding culture of inclusiveness."

    "Houston’s ordinance would allow transgender people to use public restrooms consistent with their gender identity. This is a fundamental right that does nothing to endanger others. There is absolutely no evidence, empirical or anecdotal, to suggest that transgender people have a proclivity to harass or sexually assault people in restrooms and locker rooms. Meanwhile, there is substantial evidence that transgender women face disproportionate discrimination and violence in all walks of life."

    The editorial ends with a warning:

    "The consequences of repealing the law could be severe. Such a move would surely discourage people thinking about moving to Houston or doing business there. Houston has worked hard to build a reputation as a world-class, hospitable city. By supporting HERO, voters will show that the values of their city live up to that reputation."

    Read the whole editorial here: http://www.nytimes.com/2015/11/03/opinion/support

  • 6. JayJonson  |  November 3, 2015 at 6:23 am

    Also hope that Kentuckians will reject the Republican candidate for governor, Matt Bevin, who is using Kim Davis to push "religious liberty" as a wedge issue. The Democratic candidate, Jack Conway, is the current Attorney General who refused to defend the state's ban on same-sex marriage.

    FiveThirtyEight predicts a close race: "Kentucky is a clear example of voters looking past their national allegiances. The state has elected just two Republican governors since World War II, even as it has become increasingly Republican on the national level. This year, Bevin (a tea party outsider who ran against McConnell in the Republican Senate primary last year) has made a number of missteps on the campaign trail and has alienated many members of the Republican establishment. He’s been tagged as too extreme, including on Kentucky’s relatively popular expansion of Medicaid. Meanwhile, Conway, the state’s attorney general, is the definition of smooth. So far, these factors have worked together to give Conway a lead, but one that is small enough that Bevin could win."

    Read more here: http://fivethirtyeight.com/datalab/can-a-democrat

  • 7. JayJonson  |  November 3, 2015 at 6:32 am

    Ohio will pay $1.3 in attorney fees and expenses to the plaintiffs in Obergefell.

    Hope governors and attorneys general and voters get the message that bigotry is expensive.

    "An order by Cincinnati federal Judge Timothy Black approved a legal costs agreement between the Ohio Department of Health and Cincinnati law firm Gerhardstein and Branch Co.

    In 2013, the firm sued the state on behalf of two gay Ohio men whose spouses recently died and wanted to be recognized on their death certificates as married. The two couples got married in states that allow same-sex marriage. In 2014, the firm sued on behalf of gay couples seeking recognition of their marriages performed in other states.

    Black previously ruled in favor of gay couples in both cases. The judge on Monday issued his final orders based on last summer's 5-4 U.S. Supreme Court ruling legalizing gay marriage across the country."

    Read more: http://www.tribtown.com/view/story/c0b505d2c60a4c

  • 8. OrvilleKlutz  |  November 3, 2015 at 12:00 pm

    What a waste of paper, the brief is supposed to contain civil issues, not religious ones. So far, these types of appeals have failed because they are not about civil issues, they are about religious beliefs. Freedom of religion only gives one the right to choose a religion and practice the beliefs WITHIN that religion, not to force those beliefs on others outside that religion.

  • 9. Bruno71  |  November 3, 2015 at 12:15 pm

    This article paints a dim picture for today's vote: http://www.buzzfeed.com/dominicholden/why-is-the-

    If HERO does indeed go down, it's about time LGBT activists start realizing that this public restroom lie fiasco has to be addressed dead-on, and frequently, in order to start combatting it properly. People can be happy with 99.9% of the law, but this one bugaboo kills the whole deal for too many. It's kind of ridiculous that our side so often runs these types of campaigns that don't confront people's fears adequately.

  • 10. JayJonson  |  November 3, 2015 at 1:41 pm

    Yes, the campaign has been dreadful. Instead of confronting the issue, our campaign has been trying to deflect attention and pretend that the referendum has nothing to do with sexual orientation or gender identity.

  • 11. Bruno71  |  November 3, 2015 at 2:18 pm

    Kind of reminds me of fall 2008, when a certain group of Californians decided that instead of condescending to address the horrible fear tactics that bigots were bombarding the public with on all forms of media, they'd instead run ads without gay people in them touting some amorphous concept of "equality." I expect a result similar to that today.

  • 12. VIRick  |  November 3, 2015 at 6:45 pm

    I stand corrected. In a footnote to that article from the AP, it states:

    This story was corrected to show that the amount awarded for attorney's fees was $1.3 million, not $1.5 million.

  • 13. RnL2008  |  November 7, 2015 at 10:44 am

    From what I've read, the 6th Circuit ALREADY has denied Kim Davis her appeal……back to the drawing board for her and the dumbazzes who she calls Lawyers!!! Here it is:
    Today, the Courier Journal reports that the 6th Circuit rejected that argument – meaning the next move belongs to Judge Bunning.

    The plaintiffs who prevailed over Ms. Davis have requested that Rowan County reissue their marriage licenses without the changes Ms. Davis made: removing her name and that of the county, and adding the number of the federal court order requiring the county to issue licenses to same-sex couples. Even though they were once adamant that any license issued without her signature was not valid, Davis' attorneys argued to the court that Kentucky governor Steve Beshear and attorney general Jack Conway have said the licenses are valid, so whatever alterations Davis made are of no consequence. Judge Bunning has asked Governor Beshear to advise the court whether or not the doctored licences are valid, and as of today, the governor has not filed his response. http://www.thenewcivilrightsmovement.com/uncucumb

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