Ermold v. Davis

Litigation Content

ICAP represented David Ermold and David Moore, a same-sex couple who were unlawfully denied a marriage license by then-Rowan County Clerk Kim Davis, in defiance of the Supreme Court’s landmark decision in Obergefell v. Hodges, which established the fundamental right of same-sex couples to marry. After years of litigation, a jury awarded the plaintiffs damages for the significant emotional distress they endured as a result of Davis’s constitutional violations.

ICAP successfully defended the couple’s win on appeal, in both the Sixth Circuit and Supreme Court, defeating Davis’s effort to have Obergefell overruled and ensuring the equal rights of same-sex couples under the Constitution.


More of our cases

CASA v. Trump (2025)

ICAP represents a class of people for whom President Trump attempted to deny birthright citizenship by Executive Order.

Status

Decision issued

Court

U.S. Supreme Court No. 24A884

4th Circuit No. 25-1153 / 21-2188

D. Md. No. 25-00021

View

Alkayali v. Kaler

ICAP represents three plaintiffs who were targeted for their expressive protest activity at Case Western Reserve University (CWRU).

Status

Briefing is ongoing

Court

6th Circuit No. 26-3282

View

Welty v. Dunaway

ICAP represents Tennessee state representative Aftyn Behn and family law attorney Rachel Welty in a constitutional challenge to a state law that criminalizes "recruiting" a minor to obtain an abortion, even an abortion that occurs legally outside Tennessee.

Status

Awaiting Decision

Court

6th Circuit No. 24-5968 / 25-5738 / 25-5739

View

Singleton v. Taylor

ICAP filed a brief opposing the Supreme Court review of a decision striking down Alabama's anti-panhandling laws as violations of the First Amendment's free speech protections.

Status

Cert denied

Court

U.S. Supreme Court No. 25-368

View
See all cases