University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Kim Davis and the Quest for a Judicial Accommodation"
Date Fall 2015
Author Jeffrey B. Hammond
Author Institution Thomas Goode Jones School of Law
Abstract The Kim Davis case was the subject of the foregoing presentation at the Faulkner Law Review Symposium on October 16, 2015. Events subsequent to the Symposium have changed the tenor of the remarks set forth below. Late in 2015, Matt Bevin was sworn in as the new governor of the Commonwealth of Kentucky, and he memorialized changes to the marriage license form that Ms. Davis previously requested and pursued on an ad hoc basis.

By and large, the remarks set forth below were delivered with the assumption that Ms. Davis should be granted her requested judicial accommodation without knowing whether such an accommodation would be forthcoming at law. Ms. Davis was not in line for a religious-based accommodation under Title VII of the Civil Rights Act of 1964 because she is an elected official. This article's discussion focuses on Judge David Bunning's analysis of Ms. Davis's religious accommodation claim found in his August 12, 2015, opinion, which granted April Miller and the other plaintiffs in the case a preliminary injunction against Ms. Davis, and enjoined Ms. Davis to do her job and to issue marriage licenses to same-sex couples.
Source Faulkner Law Review
Citation 7 Faulkner L. Rev. 105-128

This Resource Relates To
case Miller v. Davis (PB-KY-0006)

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