No. 25-125

Kim Davis v. David Ermold, et al.

Lower Court: Sixth Circuit
Docketed: 2025-08-01
Status: Denied
Type: Paid
Amici (4)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: constitutional-defenses emotional-distress first-amendment free-exercise government-official tort-liability
Latest Conference: 2025-11-07 (distributed 2 times)
Question Presented (from Petition)

(1) Whether the First Amendment Free Exercise
Clause provides an affirmative defense to tort liability
based solely on emotional distress damages with no
actual damages in the same manner as the Free
Speech Clause under Snyder v. Phelps , 562 U.S. 443
(2011) .

(2) Whether a government official stripped of
Eleventh Amendment immunity and sued in her
individual capacity based solely on emotional distress
damages with no actual damages is entitled to assert
individual capacity and personal First Amendment
defenses in the same or similar manner as any other
individual defendant like in Synder v. Phelps, 562
U.S. 443 (2011) , or does she stand before this Court
with no constitutional defenses or immunity
whatsoever.

(3) Whether Obergefell v. Hodges, 576 U.S. 644
(2015) , and the legal fiction of substantive due
process , should be overturned.

Question Presented (AI Summary)

Whether the First Amendment Free Exercise Clause provides an affirmative defense to tort liability based solely on emotional distress damages with no actual damages, and whether a government official sued in her individual capacity is entitled to assert First Amendment defenses

Docket Entries

2025-11-10
Petition DENIED.
2025-11-10
Motion for leave to file amicus brief out of time filed by Foundation for Moral Law DENIED.
2025-11-05
Supplemental brief of petitioner Kim Davis filed.
2025-11-05
Supplemental Brief of Kim Davis, individually submitted.
2025-10-22
Reply of petitioner Kim Davis filed. (Distributed)
2025-10-22
Reply of petitioner Kim Davis, individually filed. (Distributed)
2025-10-22
Reply of Kim Davis, individually submitted.
2025-10-22
DISTRIBUTED for Conference of 11/7/2025.
2025-10-08
Brief of respondents David Ermold, et al. in opposition filed.
2025-10-08
Brief of David Ermold, et al. in opposition submitted.
2025-10-02
Motion of Foundation for Moral Law for leave to file amicus brief submitted.
2025-09-26
Motion for leave to file out of time amicus brief in support of neither party filed by Foundation for Moral Law. (Corrected)
2025-09-26
Motion for leave to file amicus brief filed by Foundation for Moral Law.
2025-09-26
Motion of Foundation for Moral Law for leave to file amicus brief submitted.
2025-09-08
Brief amici curiae of National Organization for Marriage, et al. filed.
2025-09-08
Amicus brief of National Organization for Marriage et al. submitted.
2025-09-05
Brief amicus curiae of David Boyle filed.
2025-09-05
Amicus brief of David Boyle submitted.
2025-08-13
Response to motion from petitioner Kim Davis, individually filed.
2025-08-13
Response of Kim Davis, individually to motion submitted.
2025-08-13
Motion to extend the time to file a response is granted and the time is extended to and including October 8, 2025, for all respondents.
2025-08-12
Motion to extend the time to file a response from September 8, 2025 to October 8, 2025, submitted to The Clerk.
2025-08-12
Motion of David Ermold, et al. for an extension of time submitted.
2025-08-07
Response Requested. (Due September 8, 2025)
2025-08-06
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of right of respondent David Ermold, et al. to respond filed.
2025-07-24
Petition for a writ of certiorari filed. (Response due September 2, 2025)

Attorneys

David Boyle
David Christopher Boyle — Amicus
David Ermold, et al.
William Harold PowellInstitute for Constitutional Advocacy & Protection, Respondent
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
Kim Davis, individually
Mathew D. Staver — Petitioner
National Organization for Marriage et al.
John C. EastmanConstitutional Counsel Group, Amicus