Politics - News Analysis

Kim Davis (Remember Her?) May Have to Pay Damages to Gay Couples for Refusing to Give Marriage Licenses

Now she can REALLY act like a martyr.

Kim Davis, the former Rowan County, KY clerk who famously refused to issue marriage licenses to gay couples after the Supreme Court made gay marriage legal, is back in the news.

She lost her cases against two of the couples who sued her. She appealed to the Sixth Circuit Court of Appeals, but they sent her back to the judge who originally ruled on the cases. It was U.S. District Judge David Bunning who ruled against her, saying in his decision 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.”

Davis did not agree. She believed she was working “under God’s authority,” according to court records of the cases.

The couples, David Ermold and David Moore, and James Yates and William Smith, suffered eight total refusals from Davis between them before they took legal action.

It seems ridiculous, now that the Obergefell vs. Hodges ruling on marriage equality is nearly a decade old, that anyone ever thought it was okay to refuse someone a public service based on their own beliefs. But at the time, many evangelicals and Republicans fervently backed Davis’ decision to discriminate against the couples.

This isn’t like baking a cake, folks. This is a legal process that everyone is entitled to, even if your religion says they’re sinners.

A deputy clerk ended up issuing the marriage licenses after Davis was sent to jail for violating the couples’ constitutional rights. Davis’ lawyer, Mat Staver, indicated their intent to attempt to use this case to get the Supreme Court to overturn Obergefell vs. Hodges altogether.

They may have a better chance of that now that Trump and Mitch McConnell packed the Court with ultra-conservatives who oppose equal rights for minorities and even women.

Hope she’s praying to win the lottery, she’s gonna need it. And this chick really must love the color turquoise!

For now, a federal jury is deciding on whether Davis should pay damages in the lawsuits brought by Ermold and Moore, Yates and Smith, and if so, how much.

Staver said the plaintiffs weren’t entitled to any damages, since they could have gotten the licenses from another clerk. But that’s like saying a Black man can just go get a job where the hiring manager doesn’t use the N-word. The couples were materially harmed in this case, and Staver knows it. He just doesn’t care.

And neither does Kim “I’m doing God’s work” Davis.

meet the author

Andrew is a dark blue speck in deep red Central Washington, writing with the conviction of 18 years at the keyboard and too much politics to even stand. When not furiously stabbing the keys on breaking news stories, he writes poetry, prose, essays, haiku, lectures, stories for grief therapy, wedding ceremonies, detailed instructions on making doughnuts from canned biscuit dough (more sugar than cinnamon — duh), and equations to determine the airspeed velocity of an unladen swallow. A girlfriend, a dog, two cats, and two birds round out the equation, and in his spare time, Drewbear likes to imagine what it must be like to have spare time.

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