In an order today the Sixth Circuit rejected Kim Davis's state RFRA claim which, realistically, was the only one in play. "We need not address the merits of her claims under Kentucky law because the Eleventh Amendment of the U.S. Constitution precludes the federal courts from compelling state officials to comply with state law. Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 105–06 (1984)." As for her federal constitutional claims, they remain alive, but only by a thread: The court held that "Davis has not demonstrated a substantial likelihood of success on her federal constitutional claims."
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
