A judge ruled former Kentucky clerk Kim Davis violated the constitutional rights of two same-sex couples when she wouldn't issue marriage licenses.
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.
"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." 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.
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." 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.
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