A federal judge has ruled that a former Kentucky clerk violated the constitutional rights of two same-sex couples after she wouldn’t issue them marriage licenses
FILE - In this Nov. 6, 2018, file photo, Kim Davis, the county clerk for Rowan County in Kentucky, works with the county election board on Election Day, in Morehead, Ky. A federal judge has ruled, Friday, March 18, 2022, that the former Kentucky clerk violated the constitutional rights of two same-sex couples after she wouldn't issue them 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.Davis had argued that a legal doctrine called qualified immunity protected her from being
The group pointed to comments on the 2020 ruling by Supreme Court Justice Clarence Thomas, when he wrote for himself and Justice Samuel Alito.
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