Gay Couple Denied Marriage License Awarded $100K

As county clerk, Kim Davis refused to issue gay couple a license in 2015
By Newser Editors and Wire Services
Posted Sep 14, 2023 2:10 AM CDT
Kentucky Couple Denied Marriage License Gets $100K
FILE - David Ermold, right, files to run for Rowan County Clerk in Kentucky as Clerk Kim Davis looks on, Dec. 6, 2017, in Morehead, Ky.   (AP Photo/Adam Beam, File)

A federal jury has awarded $100,000 to a Kentucky couple who sued former county clerk Kim Davis over her refusal to issue marriage licenses to same-sex couples, the AP reports. Davis, the former Rowan County clerk, drew international attention when she was briefly jailed in 2015 over her refusal, which she based on her belief that marriage should only be between a man and a woman. A jury in Ashland, Kentucky, awarded David Ermold and David Moore each $50,000 after deliberating on Wednesday, according to lawyers for Davis. A second couple who sued, James Yates and Will Smith, were awarded no damages on Wednesday by US District Judge David Bunning.

Bunning sent Davis to jail for five days in 2015 after holding her in contempt of court. She was parodied on Saturday Night Live and embraced by conservative politicians who traveled to Kentucky to support her. Davis was released only after her staff issued the licenses on her behalf but removed her name from the form. Kentucky's state legislature later enacted a law removing the names of all county clerks from state marriage licenses. Bunning ruled last year that Davis violated the constitutional rights of the two couples. In the ruling, 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."

The trials held this week were held to decide damages against Davis. The former clerk had argued that a legal doctrine called qualified immunity protected her from being sued for damages by the couples. Mat Staver, founder of Liberty Counsel, which represented Davis in the case, said in a release Wednesday they "look forward to appealing this decision and taking this case to the US Supreme Court."

(More Kim Davis stories.)

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