AP Photo/John Flavell
In this Nov. 6, 2018, file photo, Kim Davis, the county clerk for Rowan County in Kentucky, works with the county election board on Election Day in Morehead, Ky.
A federal judge has ruled that a former Kentucky clerk violated the constitutional rights of two same-sex couples who were among those to whom she wouldn’t issue marriage licenses — a refusal that sparked international attention and briefly landed her in jail in 2015.
U.S. District Judge David Bunning in Ashland issued the ruling Friday in two longstanding lawsuits involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who sued her. With the decision, a jury trial will still need to take place to decide on any damages the couples could be owed.
Bunning reasoned 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.”
Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.
That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She was sued by gay and straight couples, and spent five days in jail over her refusal.
She was released only after her staff issued the licenses on her behalf but removed her name from the form. The state legislature later enacted a law removing the names of all county clerks from state marriage licenses.
Davis, a Republican, ultimately lost her bid for reelection in 2018. Democrat Elwood Caudill Jr. is now the county’s clerk.
Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. The U.S. Supreme Court in October 2020 left in place a decision that allowed the lawsuit to move forward, declining to take the case.
Michael Gartland, an attorney for the plaintiffs in the case, told WKYT-TV “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.”
Liberty Counsel, the law firm that represents Davis, said the case could return to the Supreme Court.
The group pointed to comments on the 2020 ruling by Supreme Court Justice Clarence Thomas, when he wrote for himself and Justice Samuel Alito.
Thomas wrote that while he agreed with the decision not to hear the Davis case regarding the immunity claims in 2020, it was a “stark reminder of the consequences” of the court’s 2015 decision in the same-sex marriage case.
Because of that case, he wrote, “those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul” of the case “and its effect on other antidiscrimination laws.”
“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.”
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How to get people’s pronouns right and what to do if you slip up
Phil Velasquez/Chicago Tribune
In 1924 the Society for Human Rights was founded by Henry Gerber in Chicago. It was the first documented gay rights organization in the United States, and meetings were held in his home.
The Henry Gerber House, pictured, is now a National Historic Landmark.
Phil Velasquez/Chicago Tribune
In 1924 the Society for Human Rights was founded by Henry Gerber in Chicago. It was the first documented gay rights organization in the United States, and meetings were held in his home.
The Henry Gerber House, pictured, is now a National Historic Landmark.
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How to get people’s pronouns right and what to do if you slip up
Maurice Seymour/Wikimedia Common
Christine Jorgensen, a former U.S. Army private, made headlines in the 1950s after having sex reassignment surgery and talking widely about her experience, one of the first people in the U.S. to do so. Her gender conversion began with hormone injections in 1950, when she was 24, and was completed in 1952 with surgery at the Danish State Hospital in Copenhagen.
Maurice Seymour/Wikimedia Common
Christine Jorgensen, a former U.S. Army private, made headlines in the 1950s after having sex reassignment surgery and talking widely about her experience, one of the first people in the U.S. to do so. Her gender conversion began with hormone injections in 1950, when she was 24, and was completed in 1952 with surgery at the Danish State Hospital in Copenhagen.
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How to get people’s pronouns right and what to do if you slip up
Kay Tobin Lahusen via Philadelphia Inquirer
Barbara Gittings, pictured at a rally, was a prominent gay and lesbian rights activist who, a decade before the Stonewall rebellion of 1969, was battling for the rights of homosexuals.
In the late 1950s she founded the New York chapter of the Daughters of Bilitis, the first national organization for lesbians, The New York Times reported.
In the early 1970s she helped lobby the American Psychiatric Association to change its stance on homosexuality; in 1973 the association rescinded its definition of homosexuality as a mental disorder.
Kay Tobin Lahusen via Philadelphia Inquirer
Barbara Gittings, pictured at a rally, was a prominent gay and lesbian rights activist who, a decade before the Stonewall rebellion of 1969, was battling for the rights of homosexuals.
In the late 1950s she founded the New York chapter of the Daughters of Bilitis, the first national organization for lesbians, The New York Times reported.
In the early 1970s she helped lobby the American Psychiatric Association to change its stance on homosexuality; in 1973 the association rescinded its definition of homosexuality as a mental disorder.
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How to get people’s pronouns right and what to do if you slip up
Andrew Dolkart, courtesy of the National Park Service
Early on June 28, 1969, New York police raided the Stonewall Inn, a gay club in Greenwich Village. The raid set off a riot among bar patrons and neighborhood residents as police roughed up customers, leading to six days of protests and clashes with police.
The Stonewall riots were a defining moment for the nascent gay rights movement and the reason behind June being chosen as Pride Month.
Andrew Dolkart, courtesy of the National Park Service
Early on June 28, 1969, New York police raided the Stonewall Inn, a gay club in Greenwich Village. The raid set off a riot among bar patrons and neighborhood residents as police roughed up customers, leading to six days of protests and clashes with police.
The Stonewall riots were a defining moment for the nascent gay rights movement and the reason behind June being chosen as Pride Month.
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How to get people’s pronouns right and what to do if you slip up
Darin Oswald/Idaho Statesman
The idea for PFLAG, which originally stood for Parents and Friends of Lesbians and Gays, began in 1972 when Jeanne Manford marched with her son, Morty, in New York's Christopher Street Liberation Day parade, the precursor to today's pride parades. In March 1973 the first meeting of what would become PFLAG was held.
The group went national as Parents, Families and Friends of Lesbians and Gays in 1982. Since 2014, PFLAG is no longer considered an acronym but rather the entire name of the organization.
Darin Oswald/Idaho Statesman
The idea for PFLAG, which originally stood for Parents and Friends of Lesbians and Gays, began in 1972 when Jeanne Manford marched with her son, Morty, in New York's Christopher Street Liberation Day parade, the precursor to today's pride parades. In March 1973 the first meeting of what would become PFLAG was held.
The group went national as Parents, Families and Friends of Lesbians and Gays in 1982. Since 2014, PFLAG is no longer considered an acronym but rather the entire name of the organization.
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How to get people’s pronouns right and what to do if you slip up
Genaro Molina/Los Angeles Times
The first pride parade was held in New York on June 28, 1970, one year after the Stonewall raid on Christopher Street. A few thousand people took to the streets in New York, and gay activist groups on the West Coast held a march in Los Angeles and a march and gay-in in San Francisco. In Chicago people marched the day before New York and marked the Stonewall anniversary with a week of events.
Today, millions around the world march and rally for LGBTQ pride around the world, including in West Hollywood, pictured, which has one of the biggest and best-known pride events in the country.
Genaro Molina/Los Angeles Times
The first pride parade was held in New York on June 28, 1970, one year after the Stonewall raid on Christopher Street. A few thousand people took to the streets in New York, and gay activist groups on the West Coast held a march in Los Angeles and a march and gay-in in San Francisco. In Chicago people marched the day before New York and marked the Stonewall anniversary with a week of events.
Today, millions around the world march and rally for LGBTQ pride around the world, including in West Hollywood, pictured, which has one of the biggest and best-known pride events in the country.
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How to get people’s pronouns right and what to do if you slip up
Justin Sullivan/Getty Images/TNS
Gays and lesbians also made strides in the 1970s by running for office. Kathy Kozachenko became the first openly LGBT American elected to public office when she won a seat on the Ann Arbor, Mich., City Council in 1974. Elaine Noble was the first openly gay candidate elected to a state office when she was elected to the Massachusetts legislature, also in 1974.
And Harvey Milk won a seat on the San Francisco Board of Supervisors in 1977. Milk was loud and unapologetic about his sexuality, earning widespread attention. His remarkable career was cut short when he was gunned down about a year after taking office.
Justin Sullivan/Getty Images/TNS
Gays and lesbians also made strides in the 1970s by running for office. Kathy Kozachenko became the first openly LGBT American elected to public office when she won a seat on the Ann Arbor, Mich., City Council in 1974. Elaine Noble was the first openly gay candidate elected to a state office when she was elected to the Massachusetts legislature, also in 1974.
And Harvey Milk won a seat on the San Francisco Board of Supervisors in 1977. Milk was loud and unapologetic about his sexuality, earning widespread attention. His remarkable career was cut short when he was gunned down about a year after taking office.
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How to get people’s pronouns right and what to do if you slip up
Jebb Harris/Orange County Register
Billy Crystal, pictured in 1998, played one of the first openly gay characters in a recurring role on a prime-time television show on "Soap," which ran from 1977 to 1981.
Jebb Harris/Orange County Register
Billy Crystal, pictured in 1998, played one of the first openly gay characters in a recurring role on a prime-time television show on "Soap," which ran from 1977 to 1981.
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How to get people’s pronouns right and what to do if you slip up
Stephen Dunn/Hartford Courant
Writer and AIDS activist Larry Kramer's work with ACT UP and the Gay Men’s Health Crisis brought attention to the AIDS crisis at a time when many people preferred ignorance. He loudly demanded attention for the disease that was felling thousands of gay men, and his writing, including the play "The Normal Heart," captured the ordinary lives caught up in the ordeal of AIDS.
Stephen Dunn/Hartford Courant
Writer and AIDS activist Larry Kramer's work with ACT UP and the Gay Men’s Health Crisis brought attention to the AIDS crisis at a time when many people preferred ignorance. He loudly demanded attention for the disease that was felling thousands of gay men, and his writing, including the play "The Normal Heart," captured the ordinary lives caught up in the ordeal of AIDS.
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How to get people’s pronouns right and what to do if you slip up
Arnie Sachs/CNP/Zuma Press
The Democratic Party added “sexual orientation” to its platform’s anti-discrimination protections at the 1980 convention in New York. It was the first American political party to officially incorporate such a plank. Jimmy Carter and his running mate, Walter Mondale, along with their wives, are pictured at the convention.
Arnie Sachs/CNP/Zuma Press
The Democratic Party added “sexual orientation” to its platform’s anti-discrimination protections at the 1980 convention in New York. It was the first American political party to officially incorporate such a plank. Jimmy Carter and his running mate, Walter Mondale, along with their wives, are pictured at the convention.
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How to get people’s pronouns right and what to do if you slip up
Richard Messina/Hartford Courant
In 2004 Massachusetts became the first state to make it legal for same-sex couples to wed. It followed a controversial decision from the Massachusetts Supreme Judicial Court.
Nooni and Alicia Hammarlund, pictured, were among the couples securing a license on May 17, 2004, the first day for legal marriages.
Richard Messina/Hartford Courant
In 2004 Massachusetts became the first state to make it legal for same-sex couples to wed. It followed a controversial decision from the Massachusetts Supreme Judicial Court.
Nooni and Alicia Hammarlund, pictured, were among the couples securing a license on May 17, 2004, the first day for legal marriages.
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How to get people’s pronouns right and what to do if you slip up
Kent Nishimura/Los Angeles Times
On June 26, 2015, the U.S. Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a person's right to same-sex marriage.
“No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote for the majority in the historic decision.
Kent Nishimura/Los Angeles Times
On June 26, 2015, the U.S. Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a person's right to same-sex marriage.
“No longer may this liberty be denied,” Justice Anthony M. Kennedy wrote for the majority in the historic decision.
