Clerk who denied same-sex marriage licenses in 2015 is still fighting Supreme Court's ruling

[Ms. Toad]

12. This is a bit misleading. She's not "still fighting the Supreme Court's ruling"

She is appealing a civil verdict imposed for the emotional distress her refusal to follow the law (including directions made directly to her ordering her to follow the law) caused the gay couple she refused to issue a marriage license.

When she lost the civil case, she was entitled to an appeal of right. The Sixth Circuit court of appeals rejected her arguments and upheld the trial court's decision. She is now, as she is entitled to, petitioning to have her case heard by the Supreme Court. This is not an appeal of right, so the Supreme Court can choose to take it or deny the writ of certiorari.

But even if it chooses to take it, the issue is whether she caused emotional distress to the couple, and whether the amount of the damage award ($50,000 to each member of the couple) was appropriate. The remainder of the $360,000 appears to be attorney fees.

So even though this was triggered by her response to the 2015 ruling, the validity of the 2015 ruling has no bearing on whether she deliberately ignored the law and, in doing so, caused emotional distress.