By Jon Herskovitz , Daniel Bases. Reuters - The fight over same-sex marriage licenses may not end in Kentucky. In Texas, Alabama and elsewhere a number of clerks and judges who stated their opposition to gay marriage have thrown up roadblocks to the unions, extending the fight over same-sex weddings two months after the U. Supreme Court legalized gay marriage. Galvanizing opponents of gay marriage, Kim Davis, a county clerk in rural Kentucky, this week was jailed for her refusal to issue marriage licenses on the basis that same-sex unions conflict with her Christian beliefs.
Gay marriage in Kentucky gains foothold with federal judge's ruling
Marriage and Living Together | Kentucky Justice Online
The Kentucky county clerk who in gained widespread attention for refusing to issue marriage licenses to same-sex couples may be sued for damages by two of those couples, a federal appeals court ruled on Friday. In a decision, the 6th U. Circuit Court of Appeals in Cincinnati said Kim Davis can be sued in her individual capacity, though sovereign immunity shielded her from being sued in her former role as Rowan County Clerk. Davis claimed that Obergefell v Hodges, the U. Supreme Court decision recognizing a constitutional right to same-sex marriage, did not apply to her because she stopped issuing licenses to everyone regardless of sexual orientation, and the plaintiffs could have obtained licenses elsewhere.
Marriage and Living Together
K im Davis, the county clerk in Kentucky who spent five days in jail for refusing to give marriage licenses to same-sex couples, has returned to work but is now accused of deliberately spoiling licenses handed out by her deputies while she was imprisoned. Davis, who has refused to issue licenses to both straight and gay couples since the Supreme Court legalized same-sex marriage in June, was jailed in early September for failing to carry out her official duties as Rowan County clerk. Deputies in her office resumed issuing marriage licenses, including to same sex couples. Lawyers for the couples seeking marriages licenses have asked the court to step in yet again to enforce the court order legalizing gay marriage throughout the United States.
The Kentucky clerk who was jailed for refusing to issue marriage licenses to gay couples is seeking to close the book on a contentious case that made her a pariah to progressives and a hero to some religious conservatives. The ACLU, which was party to the suit against Davis filed by four gay couples who were denied marriage licenses, offered no objections. Davis became the darling of the religious right last summer when she refused to issue marriage licenses after the Supreme Court legalized gay marriage.