A jury trial will be needed to find out if there are any damages the couples might be owed, but that was not set during a hearing on Friday pending the appeal.
Attorneys for former Kentucky clerk Kim Davis have appealed a ruling by a federal judge that she violated the constitutional rights of two same-sex couples when she denied marriage licenses to them.
Bunning denied Davis's request for summary judgment on the question of damages. The plaintiffs are requesting compensatory and punitive damages, pre and post-judgment interest, costs, and attorneys' fees. Davis had argued that a legal doctrine called qualified immunity shielded her from being held liable, the plaintiffs argued that Davis had violated their constitutional rights and their right to marry was clearly established at the time of Davis's violation, and therefore, Davis was not entitled to qualified immunity.
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.
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