Liberty Counsel has submitted a response brief in federal court on behalf of Rowan County Clerk Kim Davis, who was sued by the American Civil Liberties Union because she refused to issue marriage licenses.
"This case is not about whom a person may marry under Kentucky law. No one is preventing any Plaintiff from marrying whom they want to marry," said Mat Staver, founder and chairman of Liberty Counsel. "Same-sex 'marriage' licenses are readily available across Kentucky in over 130 offices, including in counties neighboring Rowan. This case is really about forcing an individual to validate same-sex 'marriages' in violation of her fundamental and unalienable religious liberty and speech rights," Staver pointed out.
"The plaintiffs in this case only sought licenses from Ms. Davis after learning of her religious objections to same-sex 'marriage,' and they refuse to obtain a license elsewhere," Staver said. "Just as Justice Alito predicted in his dissent in Obergefell, secularists are trying to 'stamp out every vestige of dissent' by targeting people of faith who do not agree with same-sex 'marriage.'"
Staver continued, "Despite what five black-robed lawyers opined in Obergefell about what marriage is, the First Amendment and other critical religious liberty protections still are the law of the land. There is no constitutional right to have a particular person authorize a same-sex 'marriage' license when that person holds deep religious convictions prohibiting her from participating in same-sex 'marriages.'"
"If Davis' religious objection cannot be accommodated under the circumstances of this case, then elected officials have no real religious freedom when they take public office," Staver warned.
Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life and the family since 1989, by providing pro bono assistance and representation on these and related topics.
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