Judge in same-sex 'marriage' case let jurors be excluded based on religion

September 14, 2023
World Net Daily

This story was originally published by the WND News Center.

The judge hearing the claims by same-sex duos that they deserved money from former Rowan County, Kentucky, clerk Kim Davis because she initially withheld her signature on marriage certificates when liberals on the Supreme Court fabricated same-sex "marriage" for the country let lawyers sort out jurors and throw out the ones with religious beliefs.

The judge is David Bunning, the son of Jim Bunning, the famed major league pitcher who once threw a perfect game and later served in Congress before his death at the age of 85. Jim Bunning threw no-hitters in both the American and National leagues and the New York Times called him a "fervently conservative and often cantankerous" member of Congress.

The same apparently could not be said for his son, David Bunning, the judge who ordered Davis jailed for withholding her signature from same-sex marriage licenses.

That dispute arose when the Supreme Court newly created same-sex "marriage" in America and state laws still banned it. She opposed the status, and sought a religious exemption so the certificates could be issued without her signature. She eventually received that, but before then a couple of same-sex duos targeted her, bypassing other jurisdictions and demanding she provide them with certificates.

They then sued her personally for damages, and David Bunning agreed she was liable. He only turned over the jury the decision on the amount of damages, and one jury this week returned zero damages, the other $100,000, in a second case.

Liberty Counsel, which has been representing Davis, explained the failures of the judge, who had stepped out on his political agenda previously in the case.

For example, he forced taxpayers to foot the bill from lawyers suing Davis even though ordinarily no fees would have been owed because the case was dismissed when the state law changed.

He also previously ordered Davis to prison.

Early in the case, WND reported, "Bunning was so anxious to rule in favor of the homosexual duos that he didn't wait until he had jurisdiction in the case before holding a hearing."

Then, "he overturned the recommendation of a magistrate who ruled the homosexual duos were not the prevailing party in the case."

Now, Liberty Counsel has confirmed that the damage award will be appealed.

Further, it offered information about Bunning's ideology and how it impacted the case.

"Judge Bunning also improperly allowed questions concerning whether any potential juror had religious or moral objections to 'same-sex marriage.' The judge overruled Liberty Counsel’s objection and permitted the plaintiffs to exclude all jurors who have religious beliefs and those who had objections to 'same-sex marriage.' That question essentially excluded jurors based on religion, which is unlawful under Batson v. Kentucky, J.E.B. v. Alabama, and a federal statute, 28 U.S.C. 1862."

Liberty Counsel continued, "In addition, under Rule 50 of the Federal Rules of Civil Procedure, a district court judge is prohibited from giving a case to the jury when the evidence presented during the trial is clearly insufficient to warrant any damages. Both David Ermold and David Moore testified under oath that 'I do not know how to calculate the damages that Kim Davis caused us' and stated under oath that 'maybe the violation has no value.' Plaintiffs are required to provide evidence of damages and it cannot be based on speculation or guesswork. Because the plaintiffs provided the jury with no evidence whatsoever to give the jury any basis upon which to enter a damages verdict, the judge should never have given the case to the jury. He should have entered a directed verdict stating that the plaintiffs failed to provide sufficient evidence from which the jury could award damages.

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