Federal judge rules Kentucky clerk who refused to issue same-sex marriage licenses violated constitutional rights – JURIST

Decide David Bunning of the District Courtroom for the Japanese District of Kentucky dominated Friday that former Rowan County Clerk Kim Davis violated the constitutional propers of similar-intercourse couples when she denied them marriage licenses By way of the summer time of 2015.

Davis turned infamous in 2015 for refusing to problem similar-intercourse couples marriage licenses regardless of the Supreme Courtroom ruling of Obergefell v. Hodges. This ruling established the Constitutional proper of similar-intercourse couples to be married. Davis said that she was refusing to problem licenses “beneath God’s authority.”

In 2015, the US Supreme Courtroom denied Davis’s bid to proceed refusing to problem marriage licenses to similar intercourse couples pending an attraction. The American Civil Liberties Union filed a movement To primarytain her in contempt, and a US district court judge held Davis in contempt of court for her proceedd refusal to problem marriage licenses to similar-intercourse couples.

Inside the wake of her refusal, two of the impacted couples started the litigation which was resolved Friday. The two couples sued Davis for a constitutional violation and movemented for abstract judgement. In protection, Davis said that the Obergefell ruling raised critical Factors with First Modification propers To spiritual expression. She additionally argued that, beneath The primary Modification, she was Resistant to litigation.

Decide Bunning disagreed with Davis’s argument, writing:

It is . . . readily apparent that Davis made a acutely conscious choice to violate Plaintiffs’ proper . . . The particular primarytaining in Obergefell was that states Might not exclude similar-intercourse couples from civil marriage. The logical subsequent step Is apparent. Davis, an elected county official who was tasked by her constituents to handle marriage licensing in Rowan County, Might not exclude similar-intercourse couples from civil marriage.

A jury will now decide what damages to award to the affected couples.

The liberty Counsel, which represented Davis On this litigation, has said a plan for attraction. In a press launch, Liberty Counsel President Mat Staver said that: “Davis is entitled to safety to an lodging based mostly on her honest spiritual notion. This case raises critical First Modification free practice Of religion claims and has a extreme potential of reaching the Supreme Courtroom.”


Source: https://www.jurist.org/news/2022/03/federal-judge-rules-kentucky-clerk-who-refused-to-issue-same-sex-marriage-licenses-violated-constitutional-rights/