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In reply to the discussion: Kentucky judge rules for printer that refused gay pride job [View all]happyslug
(14,779 posts)This is a County Court decision and the proper appeal is NOT to the Federal Courts but the State's appellate courts. Also this involves the City of Lexington's Civil Rights Law NOT the Federal Civil Rights law, so except for the First Amendment Argument you have NO federal issue in this case. Thus it is possible that this case will work itself through the State Court System. When the State Courts are finished with the case, who ever lost can then file in Federal Courts for review on the Federal Issue (First Amendment) OR file with the US Supreme Court on the First Amendment issue. In the later, you bypass the Fifth Circuit completely.
It is also possible that no one files in the Federal System after the State Supreme Court has ruled on this issue. Remember the only Federal Issue is the First Amendment claim, the Civil Rights Claim is a claim NOT covered by the Federal Civil Rights Laws (And, given this print shop has previous refused to print heterosexual
messages out side of marriage AND messages involving violence, the equal protection of the law of the 14th amendment does NOT come into play).
Thus this may NEVER be heard by the Fifth Circuit Federal Court of Appeals.