Federal Judge Rules Former Kentucky Clerk Kim Davis Violated Constitutional Rights Of Same-Sex Couples

March 18, 2022 Christianists, Marriage Equality

Lexington’s CBS News affiliate reports:

A federal judge has ruled that former Rowan County Clerk Kim Davis violated the constitutional rights of two same-sex couples when she denied them marriage licenses during the summer of 2015.

In an order published Friday afternoon, United States 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.

That settles – without a trial – the question of whether Davis violated their constitutional rights, but no decision has been made yet on whether Davis will be on the hook for the likely hundreds of thousands of dollars in legal fees accrued over the six-and-a-half years of litigation.

Davis’s lawyer Mat Staver responds:



When Davis petitioned the Supreme Court for review in 2020, the High Court denied review in which the only issue raised was sovereign immunity. However, Justices Thomas and Alito appeared to invite future challenges to the 2015 Obergefell marriage case.

Justice Thomas, joined by Justice Alito, wrote that “[t]his petition implicates important questions about the scope of our decision in Obergefell, but it does not cleanly present them.”

In granting summary judgment for the plaintiffs, Judge Bunning ruled that Davis violated “clearly established” law when she ceased issuing all marriage licenses.

The case will now proceed to trial on the issue of damages, if any. Davis argues that a finding of liability would violate the First Amendment Free Exercise of Religion. This case now clearly presents the free exercise defense and thus could return to the Supreme Court.

Kim Davis is entitled to protection to an accommodation based on her sincere religious belief. This case raises serious First Amendment free exercise of religion claims and has a high potential of reaching the Supreme Court.

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