A former county clerk in Kentucky must pay $100,000 to a same-sex couple for refusing to grant them a marriage license based on her religious convictions shortly after the Supreme Court legalized gay marriage in 2015.
A federal jury on Wednesday awarded $50,000 in damages each to David Ermold and David Moore, who were denied a marriage license three times, after a two-day trial before U.S. District Court Judge David Bunning in Ashland, Kentucky.
Another couple, James Yates and Will Smith, also sought damages for being denied a marriage license five times, but a second jury returned with no compensation. The pair had asked for $300,000 in damages.
In 2022, both couples won summary judgments against Ms. Davis, who ignited a national debate over religious freedom versus discrimination by declining to issue marriage licenses to any couples following the Supreme Court’s June 2015 ruling in Obergefell v. Hodges.
She was jailed for five days for contempt of court after refusing a court order to issue the licenses. After returning to work, she took her name off the marriage licenses and finished her term in office before losing her 2018 reelection bid.
Mat Staver, founder and chairman of the conservative Liberty Counsel, said she would appeal the decision.
“We look forward to appealing this decision and taking this case to the U.S. Supreme Court,” Mr. Staver said. “Kim Davis has blazed the trail in Kentucky where she has obtained religious freedom for all clerks. Now it is time to extend that freedom to everyone, and that is what Liberty Counsel intends to do.”
The Supreme Court declined to hear her case in 2020. Mr. Staver said the next appeal would be used to challenge the high court’s 5-4 ruling in Obergefell.
“This case has the potential to go to the U.S. Supreme Court where Kim Davis will argue for religious freedom and also argue that Obergefell should be overturned,” said the Liberty Counsel. “Three of the five justices in the Obergefell majority are no longer on the Court.”
We look forward to appealing this decision and taking this case to the U.S. Supreme Court. Kim Davis has blazed the trail in Kentucky where she has obtained religious freedom for all clerks. Now it is time to extend that freedom to everyone, and that is what we intend to do.
— Liberty Counsel (@libertycounsel) September 13, 2023
Ms. Davis was sued for “mental anguish, emotional distress, humiliation and reputation damages.” She argued that she was entitled to qualified immunity as an elected official, but Judge Bunning rejected her claim because she knowingly violated the law.
In some respects, Ms. Davis was the victim of bad timing. In December 2016, six months after Obergefell, newly elected Kentucky Gov. Matt Bevin issued an executive order granting religious accommodations to clerks, including Ms. Davis.
The state Legislature followed up in April 2016 by passing a law granting religious and conscience exemptions to county clerks.
“Moreover, the plaintiffs suffered no damages because they could have obtained marriage licenses from any nearby clerk’s office,” said the Liberty Counsel in a Wednesday statement. “The plaintiffs instead created a shame case by intentionally targeting Kim Davis because of her religious beliefs.”
Mr. Ermold sought to challenge Ms. Davis in the 2018 county clerk election, but lost his Democratic primary bid. She won the Republican nomination but was defeated by Democrat Elwood Caudill Jr. in the general election.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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