Court: Gay couple's suit against Kentucky clerk can proceed

Court makes ruling on gay couple's suit against Ky. clerk

Court makes ruling on gay couple's suit against Ky. clerk

Just half-a-year after a federal judge tossed out three lawsuits against Kim Davis, the Kentucky clerk who grabbed headlines in 2015 for denying marriage licenses to same-sex couples on religious grounds, a court of appeals ruled Tuesday that the men suing Davis can continue their case.

Last August, a district judge dismissed three other lawsuits by same-sex couples against Davis, saying the issue was "moot" because of a 2016 change to Kentucky law that removed county clerk's names from marriage licenses.

"The district court's characterization of this case as simply contesting the "no marriage licenses" policy is inaccurate because Ermold and Moore did not seek an injunction-they sought only damages", Circuit Judge Karen Nelson Moore wrote.

Mat Staver, chairman of Liberty Counsel, said the case now heads back to the district court to be resolved. If he rules in Ermold and Moore's favor, Davis could be responsible for paying damages to the couple, which would set a precedent for future cases. But Davis refused to issue them a license because she said it violated her religious beliefs.

"The record does not support an argument that (their) damages claims are insubstantial or otherwise foreclosed".

Ermold and Moore previously called the experience of being turned away by Davis "devastating". "Adding: We are confident we will prevail".

Trump names anti-abortion leader to high post at HHS
That helped her become the face of what Bazelon described as "a deft reframing of the abortion debate". Yoest got her start in politics in the 1980s working for the Reagan administration.

Ermold and Moore, who have been together for more than 18 years, want Davis to pay damages for the emotional distress caused by her refusal to issue them a license. "Probably not", Gartland said in an interview.

Four couples (two same-sex ones and two straight ones) sued Davis over her actions, with help from the ACLU (American Civil Liberties Union).

In the meantime, despite a series of legal challenges - and a brief spell in jail for contempt of court - Davis remains the Rowan County Clerk.

He went on to state that all cases against Davis were "moot" because Kentucky Governor Matt Bevin worked with the state legislature to change the law so that Davis would not have to sign-off on marriage licenses any longer.

"We're going to get damages, I'm sure of that", Gartland said, according to the Lexington Herald-Ledger. "This is their attempt to go after Kim Davis".

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