Kim Davis Dismiss
Content
Case: 15-5880
Document: 85-1
Filed: 04/19/2016
Page: 1
(1 of 6)
Nos. 15-5880/5961/5978
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
APRIL MILLER, et al.,
Plaintiffs-Appellees,
v.
KIM DAVIS, in her individual and official capacity
as Rowan County Clerk,
Defendant/Third Party Plaintiff-Appellant,
v.
MATTHEW G. BEVIN, in his official capacity as
Governor of Kentucky.; WAYNE ONKST, in his
official capacity as State Librarian and
Commissioner, Kentucky Department of Libraries
and Archives,
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Apr 19, 2016
DEBORAH S. HUNT, Clerk
ORDER
Third Party Defendants-Appellees.
Before: CLAY, GIBBONS, and STRANCH, Circuit Judges.
The Third-Party Defendants-Appellees (the “State Defendants”) move to dismiss as moot
Case No. 15-5961, which is an appeal by Third-Party Plaintiff-Appellant Kim Davis from an
order delaying consideration of her motion for a preliminary injunction against them. The State
Defendants also move to be dismissed as parties in the two other consolidated appeals (Case
Nos. 15-5880 and 5978). They seek an expedited ruling on their motion.
These consolidated, interlocutory appeals are from Plaintiffs-Appellees’ action brought
against Davis, the Rowan County Clerk, challenging her policy of not issuing marriage licenses
Case: 15-5880
Document: 85-1
Filed: 04/19/2016
Page: 2
Nos. 15-5880/5961/5978
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based on her personal religious belief that marriage must be the union of one man and one
woman.
Davis filed a third-party complaint against the State Defendants, alleging that
Kentucky’s policy of requiring county clerks to issue marriage licenses on Forms bearing their
names violated her right to the free exercise of her religion, her right of free speech, and was an
unlawful religious test for holding office. Davis moved for a preliminary injunction against the
State Defendants, but the district court held the motion in abeyance pending this Court’s review
of Plaintiffs-Appellees’ preliminary injunction against Davis.
The State Defendants previously moved to dismiss Case No. 15-5961 for lack of
jurisdiction. We denied that motion without prejudice, concluding that whether Davis suffers
any serious or irreparable consequences from the delay in addressing her preliminary injunction
motion is intertwined with the merits of her claim that the State Defendants are required to make
a reasonable accommodation for her sincerely-held religious beliefs. See Carson v. Am. Brands,
Inc., 450 U.S. 79, 84 (1981) (holding that an order that has the practical effect of an injunction
may be immediately appealable if it has serious or irreparable consequences).
On December 22, 2015, the newly-elected Governor of Kentucky issued an executive
order revising Kentucky’s marriage license form to eliminate the need for the name and signature
of the county clerk. Davis’s counsel issued a press release stating that the revised form will
permit Davis and the other county clerks “to do their jobs without compromising religious values
and beliefs.” The State Defendants maintain that the revision of the official marriage license
form renders moot Davis’s appeal from the order delaying a ruling on her motion for a
preliminary injunction against them. See Bench Billboard Co. v. City of Cincinnati, 675 F.3d
974, 981–82 (6th Cir. 2012); Kentucky Right to Life, Inc. v. Terry, 108 F.3d 637, 639, 644 (6th
Cir. 1997). In addition, the revision of the official marriage license form eliminates any claim by
(2 of 6)
Case: 15-5880
Document: 85-1
Filed: 04/19/2016
Page: 3
Nos. 15-5880/5961/5978
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Davis that she is suffering any serious or irreparable consequences as the result of the district
court’s order. In response to the State Defendants’ motion to dismiss, Davis states that the
executive action orders “evidently provides Davis the accommodation which Davis sought . . . as
preliminary injunctive relief.” Without a demonstration of serious or irreparable consequences,
Carson does not support appellate jurisdiction in Case No. 15-5961.
Finally, we note that the issues involved in Case Nos. 15-5880 and 5978 do not involve
any claims against the State Defendants.
The State Defendants’ motion is GRANTED, and Case No. 15-5961 is dismissed for
lack of jurisdiction. The clerk is directed to remove the State Defendants as appellees in Case
Nos. 15-5880 and 5978.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
(3 of 6)
Case: 15-5880
Document: 85-2
Filed: 04/19/2016
Page: 1
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988
Filed: April 19, 2016
Mr. Daniel J. Canon
Law Offices
462 S. Fourth Street
Suite 1730
Louisville, KY 40202
Mr. Jonathan D. Christman
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Mr. Anthony Charles Donahue
Donahue Law Group
P.O. Box 659
Somerset, KY 42502-0659
Mr. Leonard Joe Dunman
Clay, Daniel, Walton & Adams
462 S. Fourth Street
Suite 101
Louisville, KY 40202
Mr. James D. Esseks
ACLU
125 Broad Street
18th Floor
New York, NY 10004
Mr. Roger K. Gannam
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Tel. (513) 564-7000
www.ca6.uscourts.gov
(4 of 6)
Case: 15-5880
Document: 85-2
Mr. Lawrence John Joseph
Law Office
1250 Connecticut Avenue, N.W
Suite 200
Washington, DC 20036
Mr. Richard Brian Katskee
Americans United for Separation of Church and State
1901 L Street, N.W.
Suite 400
Washington, DC 20036
Ms. Laura E. Landenwich
Clay, Daniel, Walton & Adams
462 S. Fourth Street
Suite 101
Louisville, KY 40202
Mr. William M. Lear Jr.
Stoll Keenon Ogden
300 W. Vine Street
Suite 2100
Lexington, KY 40507
Mr. Gregory M. Lipper
Americans United for Separation of Church and State
1901 L Street, N.W.
Suite 400
Washington, DC 20036
Mr. Daniel Mach
American Civil Liberties Union
Program on Freedom of Religion & Belief
915 15th Street, N.W.
Washington, DC 20005
Mr. Horatio Gabriel Mihet
Liberty Counsel
1053 Maitland Center Commons
Second Floor
Maitland, FL 32751
Mr. William E. Sharp
American Civil Liberties Union of Kentucky
General Counsel
315 Guthrie Street
Filed: 04/19/2016
Page: 2
(5 of 6)
Case: 15-5880
Document: 85-2
Filed: 04/19/2016
Suite 300
Louisville, KY 40202
Mr. Mathew D. Staver
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Ms. Ria Tabacco Mar
ACLU
125 Broad Street
18th Floor
New York, NY 10004
Mr. Palmer G. Vance II
Stoll Keenon Ogden
300 W. Vine Street
Suite 2100
Lexington, KY 40507
Ms. Heather L. Weaver
American Civil Liberties Union
Program on Freedom of Religion & Belief
915 15th Street, N.W.
Washington, DC 20005
Re: Case No. 15-5880/15-5978, April Miller, et al v. Kim Davis
Originating Case No. : 0:15-cv-00044
Dear Counsel,
The Court issued the enclosed Order today in this case.
Sincerely yours,
s/Michelle M. Davis
Case Manager
Direct Dial No. 513-564-7025
Enclosure
Page: 3
(6 of 6)
Document: 85-1
Filed: 04/19/2016
Page: 1
(1 of 6)
Nos. 15-5880/5961/5978
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
APRIL MILLER, et al.,
Plaintiffs-Appellees,
v.
KIM DAVIS, in her individual and official capacity
as Rowan County Clerk,
Defendant/Third Party Plaintiff-Appellant,
v.
MATTHEW G. BEVIN, in his official capacity as
Governor of Kentucky.; WAYNE ONKST, in his
official capacity as State Librarian and
Commissioner, Kentucky Department of Libraries
and Archives,
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Apr 19, 2016
DEBORAH S. HUNT, Clerk
ORDER
Third Party Defendants-Appellees.
Before: CLAY, GIBBONS, and STRANCH, Circuit Judges.
The Third-Party Defendants-Appellees (the “State Defendants”) move to dismiss as moot
Case No. 15-5961, which is an appeal by Third-Party Plaintiff-Appellant Kim Davis from an
order delaying consideration of her motion for a preliminary injunction against them. The State
Defendants also move to be dismissed as parties in the two other consolidated appeals (Case
Nos. 15-5880 and 5978). They seek an expedited ruling on their motion.
These consolidated, interlocutory appeals are from Plaintiffs-Appellees’ action brought
against Davis, the Rowan County Clerk, challenging her policy of not issuing marriage licenses
Case: 15-5880
Document: 85-1
Filed: 04/19/2016
Page: 2
Nos. 15-5880/5961/5978
-2-
based on her personal religious belief that marriage must be the union of one man and one
woman.
Davis filed a third-party complaint against the State Defendants, alleging that
Kentucky’s policy of requiring county clerks to issue marriage licenses on Forms bearing their
names violated her right to the free exercise of her religion, her right of free speech, and was an
unlawful religious test for holding office. Davis moved for a preliminary injunction against the
State Defendants, but the district court held the motion in abeyance pending this Court’s review
of Plaintiffs-Appellees’ preliminary injunction against Davis.
The State Defendants previously moved to dismiss Case No. 15-5961 for lack of
jurisdiction. We denied that motion without prejudice, concluding that whether Davis suffers
any serious or irreparable consequences from the delay in addressing her preliminary injunction
motion is intertwined with the merits of her claim that the State Defendants are required to make
a reasonable accommodation for her sincerely-held religious beliefs. See Carson v. Am. Brands,
Inc., 450 U.S. 79, 84 (1981) (holding that an order that has the practical effect of an injunction
may be immediately appealable if it has serious or irreparable consequences).
On December 22, 2015, the newly-elected Governor of Kentucky issued an executive
order revising Kentucky’s marriage license form to eliminate the need for the name and signature
of the county clerk. Davis’s counsel issued a press release stating that the revised form will
permit Davis and the other county clerks “to do their jobs without compromising religious values
and beliefs.” The State Defendants maintain that the revision of the official marriage license
form renders moot Davis’s appeal from the order delaying a ruling on her motion for a
preliminary injunction against them. See Bench Billboard Co. v. City of Cincinnati, 675 F.3d
974, 981–82 (6th Cir. 2012); Kentucky Right to Life, Inc. v. Terry, 108 F.3d 637, 639, 644 (6th
Cir. 1997). In addition, the revision of the official marriage license form eliminates any claim by
(2 of 6)
Case: 15-5880
Document: 85-1
Filed: 04/19/2016
Page: 3
Nos. 15-5880/5961/5978
-3-
Davis that she is suffering any serious or irreparable consequences as the result of the district
court’s order. In response to the State Defendants’ motion to dismiss, Davis states that the
executive action orders “evidently provides Davis the accommodation which Davis sought . . . as
preliminary injunctive relief.” Without a demonstration of serious or irreparable consequences,
Carson does not support appellate jurisdiction in Case No. 15-5961.
Finally, we note that the issues involved in Case Nos. 15-5880 and 5978 do not involve
any claims against the State Defendants.
The State Defendants’ motion is GRANTED, and Case No. 15-5961 is dismissed for
lack of jurisdiction. The clerk is directed to remove the State Defendants as appellees in Case
Nos. 15-5880 and 5978.
ENTERED BY ORDER OF THE COURT
Deborah S. Hunt, Clerk
(3 of 6)
Case: 15-5880
Document: 85-2
Filed: 04/19/2016
Page: 1
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Deborah S. Hunt
Clerk
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988
Filed: April 19, 2016
Mr. Daniel J. Canon
Law Offices
462 S. Fourth Street
Suite 1730
Louisville, KY 40202
Mr. Jonathan D. Christman
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Mr. Anthony Charles Donahue
Donahue Law Group
P.O. Box 659
Somerset, KY 42502-0659
Mr. Leonard Joe Dunman
Clay, Daniel, Walton & Adams
462 S. Fourth Street
Suite 101
Louisville, KY 40202
Mr. James D. Esseks
ACLU
125 Broad Street
18th Floor
New York, NY 10004
Mr. Roger K. Gannam
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Tel. (513) 564-7000
www.ca6.uscourts.gov
(4 of 6)
Case: 15-5880
Document: 85-2
Mr. Lawrence John Joseph
Law Office
1250 Connecticut Avenue, N.W
Suite 200
Washington, DC 20036
Mr. Richard Brian Katskee
Americans United for Separation of Church and State
1901 L Street, N.W.
Suite 400
Washington, DC 20036
Ms. Laura E. Landenwich
Clay, Daniel, Walton & Adams
462 S. Fourth Street
Suite 101
Louisville, KY 40202
Mr. William M. Lear Jr.
Stoll Keenon Ogden
300 W. Vine Street
Suite 2100
Lexington, KY 40507
Mr. Gregory M. Lipper
Americans United for Separation of Church and State
1901 L Street, N.W.
Suite 400
Washington, DC 20036
Mr. Daniel Mach
American Civil Liberties Union
Program on Freedom of Religion & Belief
915 15th Street, N.W.
Washington, DC 20005
Mr. Horatio Gabriel Mihet
Liberty Counsel
1053 Maitland Center Commons
Second Floor
Maitland, FL 32751
Mr. William E. Sharp
American Civil Liberties Union of Kentucky
General Counsel
315 Guthrie Street
Filed: 04/19/2016
Page: 2
(5 of 6)
Case: 15-5880
Document: 85-2
Filed: 04/19/2016
Suite 300
Louisville, KY 40202
Mr. Mathew D. Staver
Liberty Counsel
P.O. Box 540774
Orlando, FL 32854
Ms. Ria Tabacco Mar
ACLU
125 Broad Street
18th Floor
New York, NY 10004
Mr. Palmer G. Vance II
Stoll Keenon Ogden
300 W. Vine Street
Suite 2100
Lexington, KY 40507
Ms. Heather L. Weaver
American Civil Liberties Union
Program on Freedom of Religion & Belief
915 15th Street, N.W.
Washington, DC 20005
Re: Case No. 15-5880/15-5978, April Miller, et al v. Kim Davis
Originating Case No. : 0:15-cv-00044
Dear Counsel,
The Court issued the enclosed Order today in this case.
Sincerely yours,
s/Michelle M. Davis
Case Manager
Direct Dial No. 513-564-7025
Enclosure
Page: 3
(6 of 6)
