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Kentucky Judge Rules Ex-Clerk Who Denied Marriage Licenses to Gay Couples Violated Constitutional Rights

by FNGR Staff
March 19, 2022
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A former Kentucky clerk who in 2015 headlines for refusing to grant marriage licenses to two gay couples has been found guilty of violating their constitutional rights.

Rolling Stone reports U.S. Judge David Bunning in the Eastern District of Kentucky on Friday ruled that Kim Davis, who served as the clerk of Rowan County until 2018, avoided the 2015 US Supreme Court ruling Obergefell v. Hodges, which legalized same-sex marriage in the United States, when denying marriage licenses for David Ermold and David Moore among others.

“Defendant Davis violated Plaintiffs’ constitutional right to marry by refusing to issue them marriage licenses, either personally or through the policy she established for the Rowan County Clerk’s office,” read the court order. “It is readily apparent that Obergefell recognizes Plaintiffs’ Fourteenth Amendment right to marry. It is also readily apparent that Davis made a conscious decision to violate Plaintiffs’ right.”

Despite the ruling, Davis’ legal team showed no signs of backing down. Liberty Counsel, which is representing Davis, maintained they stand to prove to the court that their client is not responsible for damages.

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

Meanwhile, the two couples in question have finally been awarded marriage licenses.

Michael Gartland, an attorney for the plaintiffs, told WKYT his clients “could not be more happy” with Friday’s ruling.

“As the court notes in the decision, this case has been pending since 2015. They couldn’t be more happy that they’re finally going to get their day in court and they’re confident justice will be served,” he told the outlet.

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