Davis v. Ermold

Issues: (1) Whether the First Amendment free exercise clause provides an affirmative defense to tort liability based solely on emotional distress damages with no actual damages in the same manner as the free speech clause under Snyder v. Phelps; (2) whether a government official stripped of Eleventh Amendment immunity and sued in her individual capacity based solely on emotional distress damages with no actual damages is entitled to assert individual capacity and personal First Amendment defenses in the same or similar manner as any other individual defendant like in Snyder; and (3) whether Obergefell v. Hodges, and the legal fiction of substantive due process, should be overturned.