Rules Kim Davis Violated Their Constitutional Rights
LETTUCE PREY
U.S. District Judge David L. Bunning of the Eastern District of Kentucky granted summary judgment in a civil lawsuit that the two couples, David Ermold and David Moore, and James Yates and Will Smith, filed against Davis. The ruling settles whether their constitutional rights were violated without going to trial. It’s unclear, though, if Davis will be held liable for the thousands of dollars in legal fees accrued since 2015. The plaintiffs are requesting compensatory and punitive damages, pre and post-judgment interest, costs, and attorneys’ fees.
Shortly after the 2015 Obergefell v. Hodges Supreme Court ruling granted same-sex couples the right to marry nationwide, Davis stopped issuing all marriage licenses due to her religious beliefs. That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She spent five days in jail for being found in contempt of court after refusing to do so.
The judge’s ruling means “claims against her in her individual capacity” can move forward. The U.S. Supreme Court chose not to take up her appeal in the case.
“The plaintiffs could not be more happy,” Michael Gartland, an attorney for the plaintiffs, told WKYT’s Garrett Wymer. “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.”
A request for comment from Liberty Counsel, who represented Davis, was not immediately returned. However, in a news release, the organization noted that the case could go back to the Supreme Court over religious freedom concerns.
“Kim Davis is entitled to protection to an accommodation based on her sincere religious belief,” Founder and Chairman Mat Staver said in the release. “This case raises serious First Amendment free exercise of religion claims and has a high potential of reaching the Supreme Court.” (Read Liberty Counsel’s full response here.)
The ruling may be read here:
