Kim Davis’ Lawyer: The Supreme Court of “Good Luck” will return the homosexual marriage decision

The former County County Registrar of Kentucky, imprisoned 10 years ago, for having refused to issue marriage licenses to same -sex couples now asks the Supreme Court to review his historic decision which legalized homosexual marriage on a national level, with his lawyer telling Fox News Digital that there is a “good luck”, he will find himself on their dalket.

Kim Davis, a devout Christian, made the front page of the national newspapers in 2015 when she refused to sign the marriage licenses of the same sex couples on her religious belief that marriage is between a man and a woman. Davis lawyer, Mat Staver, helps to call on a decision that she has to pay $ 360,000 in legal costs and expenses to complainants David Ermold and David Moore.

“The first amendment should be an absolute defense with Kim Davis. And secondly, we ask the Supreme Court to overthrow Obergefell, the 2015 decision which finally caused this problem in the first place,” Staver at Fox News Digital told Fox.

“For them not to examine the question, I think it is terrible for Kim Davis and also terrible for the country, because they have damaged the Constitution and only the court can repair it,” added Staver.

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The former Kentucky County clerk, Kim Davis, speaks during an interview on Fox News Channel on September 23, 2015. (Reuters / Brendan McDermid)

Staver also told Fox News Digital: “I think we have a good chance that the Supreme Court will take this case because you still have three of the judges on the bench which were among the four dissidents in 2015” in Obergefell c. Hodges “, including the chief judge, who gave a very high dissent”.

“There are still only two judges on the bench that were on the majority bench in 2015, and it would be Kagan and Sotomayor,” added Staver. “This is the case with the most convincing facts that can contest and overturn Obergefell.”

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The case, if it reached the Supreme Court, would be heard by judges Clarence Thomas, John Roberts and Samuel Alito, who dissident in Obergefell v. Hodges; Judges Sonia Sotomayor and Elena Kagen, who affirmed the decision; and four newly appointed judges.

In March, a panel of three judges of the United States Court of Appeal for the sixth circuit wrote in a decision that “as Davis sees it, delivering complainants, a marriage license would have violated its own religious beliefs protected by the Constitution; thus, it affirms, it cannot be held responsible. We do not agree”.

“Davis cannot raise a defense of the free exercise clause because it is held responsible for the action of the State, which the first amendment does not protect,” added the decision.

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The deputy clerk of the county of Rowan, Nathan Davis, on the right, informs David Moore, Center, and David Ermold that he will not give them a marriage license on Thursday August 13, 2015 at the office of the County County of Rowan in Morehead, Kentucky. (John Flavell / Lexington Herald-Leader / Tribune News Service via Getty Images)

A petition for the brief of Certiorari Tabled last month On behalf of Davis, calls for this decision.

“Obergefell was wrong when he was decided and he is false today because he was entirely based on the legal fiction of a substantial regular procedure,” said the file.

“Obergefell’s reversal does not undo any marriage license in force at the time. All marriage licenses, including those between same-sex couples, would continue to be recognized. They would be” accessible to rights “. In the future, marriage would return to the United States as before Obergefell.

William Powell, a lawyer representing Ermold and Moore, and a main lawyer from the Institute for Constitutional Advance and Protection, told Fox News Digital that “we are convinced that the Supreme Court, like the Court of Appeal, will conclude that Davis’ arguments do not deserve more attention.

Lawyer Mat Staver told Fox News Digital that he thought there was a “good luck” that the Supreme Court would revisit its decision Landmark Obergefell v. Hodges. (Fox News Digital)

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“Equality of marriage is an established law,” he added.

Maria Lencki from Fox News Digital contributed to this report.