Court rules same-sex couples can sue Kim Davis for denying marriage licenses

Davis refused to issue the licenses and defied the Supreme Court's ruling "under God's authority".

Close up of Kim Davis, former Kentucky County Clerk who denied gay couples marriage licenses
Image: Via Twitter @NateBlanchett

After a seven-year case, the court has finally ruled that Kim Davis, former Kentucky County Clerk, can be sued by the same-sex couples to whom she refused to issue marriage licenses.

It has been ruled by US District Judge David Bunning that she violated the rights of two gay couples in 2015 when she cited her religious belief as a Christian before denying them their marriage licenses.

She argued she had a constitutional right to the free exercise of her religion and “under God’s authority” she defied the Supreme Court’s ruling in Obergefell v. Hodges which legalised same-sex marriage across the United States.  The former Rowan County Clerk sought immunity from being sued as a government official, but this request was rejected by the court.

https://twitter.com/DErmold/status/1504904504256438277

“After S-E-V-E-N years, Judge Bunning finally ruled that Kim Davis intentionally violated our constitutional rights,” Tweeted David Ermold, half of one of the couples who took legal action against Davis when she denied their marriage licenses.

“Now, the question is will they hold her financially responsible for the insensitive and irrational legal mess that SHE created.” He added, “It feels like seven years of legal purgatory.”

Along with Ermold and his husband, David Moore, James Yates and Will Smith are also among those who spent the last seven years tied up in this case, and it will next be decided by a jury whether or not Kim Davis will be required to pay damages to them. If it is ruled that she must, it is likely to amount to hundreds of thousands of dollars in legal fees. Between the two couples, their marriage licenses were denied a total of seven times.

Although the two couples “couldn’t be more happy that they’re finally going to get their day in court”, according to their lawyer, Michael Gartland, they also say the case has caused “mental anguish and emotional harm, among other issues”, NPR reported.

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