US judge rules against Kentucky clerk who denied same-sex marriage licenses
US judge rules against Kentucky clerk who denied same-sex marriage licenses
A federal judge ruled on Saturday that a former Kentucky clerk violated the constitutional right of same-sex couples by not issuing them marriage licenses – a refusal that landed the clerk in jail.
US District judge David Bunning in Ashland issued the ruling on Friday in the two lawsuits which involved Kim Davis, the former clerk of Rowan County, and the two couples who were denied their licenses. A jury trial will follow to decide whether the couples will receive any damages or not.
The judge made it clear that 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 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.”
Davis stopped issuing all marriage licenses after the 2015 Supreme Court allowed same-sex couples to marry. That led to the lawsuit against her and she spent five days in jail over her refusal.
However, she did receive support from conservative groups in the state and around the country and it seems that her counsel will be filing for an appeal in the higher courts.
“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.”