U.S. Appeals Courts Allows Same Sex Couples To Seek Damages From Kentucky Clerk Kim Davis

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Kentucky clerk Kim Davis who made a big controversy last year when, despite a recent supreme court ruling, refused to issue same sex couples marriage licenses saying it violates her religious beliefs can now be sued. She eventually lost her efforts not to issue licenses and was even sent to jail but not before being praised by right wing fundamentalists as a hero (more information).

The U.S. Supreme Court has ruled that the same sex couples suing for damages can now proceed.

“The district court’s characterization of this case as simply contesting the ‘no marriage licenses’ policy is inaccurate because Ermold and

Rowan County clerk Kim Davis is shown in this booking photo provided by the Carter County Detention Center in Grayson, Kentucky September 3, 2015. REUTERS/Carter County Detention Center/Handout via Reuters

Moore did not seek an injunction-they sought only damages,” Circuit Judge Karen Nelson Moore wrote. “The record does not support an argument that (their) damages claims are insubstantial or otherwise foreclosed.”

Ermold’s and Moore’s case was sent back to U.S. District Judge David Bunning in Covington, Kentucky.

“The ruling keeps the case alive for a little while but it is not a victory for the plaintiffs,” Mat Staver, founder of Liberty Counsel, a Christian advocacy group representing Davis, said in a statement. “We are confident we will prevail.”

Michael Gartland, a lawyer for Ermold and Moore, called the decision a “no-brainer,” saying damages claims based on past harm often survive mootness challenges. His clients are seeking compensatory and punitive damages.

“Do I think it’s a million dollar case? Probably not,” Gartland said in an interview. “The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis.” Courtesy of Reuters

Glorious and refreshing to one’s faith in humanity to see good sense prevailing. Ms. Davis and her fundamentalist cronies will probably never see the error of their ways but hopefully another loss in the courts will help future haters think twice before using religion as an excuse not only not do their job but to make other perfectly good people feel like lesser human beings.

 

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