Former Kentucky clerk Kim Davis violated rights of same-sex couples, judge rules

Authored by cbsnews.com and submitted by Due-Reading6335
image for Former Kentucky clerk Kim Davis violated rights of same-sex couples, judge rules

It’s been two weeks since Kim Davis has been out of jail over her refusal to sign marriage licenses for same-sex couples

A federal judge has ruled that a former Kentucky clerk violated the constitutional rights of two same-sex couples who were among those to whom she wouldn't issue marriage licenses — a refusal that sparked international attention and briefly landed her in jail in 2015.

U.S. District Judge David Bunning in Ashland issued the ruling Friday in two longstanding lawsuits involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who sued her. With the decision, a jury trial will still need to take place to decide on any damages the couples could be owed.

Bunning reasoned that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official."

Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015, in Morehead, Kentucky. Ty Wright/Getty Images

"It is readily apparent that Obergefell recognizes Plaintiffs' Fourteenth Amendment right to marry," the judge wrote, referencing the landmark same-sex marriage Obergefell decision. "It is also readily apparent that Davis made a conscious decision to violate Plaintiffs' right."

Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.

That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She was sued by gay and straight couples, and spent five days in jail over her refusal.

She was released only after her staff issued the licenses on her behalf but removed her name from the form. The state legislature later enacted a law removing the names of all county clerks from state marriage licenses.

Davis, a Republican, ultimately lost her bid for reelection in 2018. Democrat Elwood Caudill Jr. is now the county's clerk.

Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. The U.S. Supreme Court in October 2020 left in place a decision that allowed the lawsuit to move forward, declining to take the case.

Liberty Counsel, the law firm that represents Davis, said the case could return to the Supreme Court.

The group pointed to comments on the 2020 ruling by Supreme Court Justice Clarence Thomas, when he wrote for himself and Justice Samuel Alito.

Thomas wrote that while he agreed with the decision not to hear the Davis case regarding the immunity claims in 2020, it was a "stark reminder of the consequences" of the court's 2015 decision in the same-sex marriage case.

Because of that case, he wrote, "those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul" of the case "and its effect on other antidiscrimination laws."

"Kim Davis is entitled to protection to an accommodation based on her sincere religious belief," said Mat Staver, Liberty Counsel founder and chairman. "This case raises serious First Amendment free exercise of religion claims and has a high potential of reaching the Supreme Court."

sean488 on March 20th, 2022 at 08:16 UTC »

Far too many Americans fail to realize that the Bill of Rights and all amendments added to it are Rules placed on the government.

Example: The Government is not allowed to limit your speech. You do not have the right to say whatever you want without consequence. This means that you can be asked to shut up by people and businesses. If you refuse to shut up there are consequences that can follow, some of them legal consequences that can lead to your arrest. A business owner/individual can have you removed/arrested for protesting on business/private property. This is why so many protest organizers protest on publicly owned property like streets, sidewalks, and parks.

Davis has every right to personally refuse to accept same sex marriages. No one can legally tell her what she can or can not believe. Even if what she believes is stupid.

However, as a representative of the government she must allow same sex couples to marry regardless of her personal beliefs and follow all rules placed upon the government.

SuperDangerDong69 on March 20th, 2022 at 05:26 UTC »

No shit, why did this take so long to decide?

Zertael on March 20th, 2022 at 04:46 UTC »

Bunning reasoned that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official."

It's nice when our system does something right.