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A Clerk In Kentucky Who Refused Marriage Licenses to Gay Couples Can Be Sued

Back in 2015, a Kentucky county clerk was refusing to issue marriage licenses to gay couples, gaining widespread attention.


Now, this clerk may be sued for damages.


Kim Davis, claimed that the decision recognizing same-sex marriage by the Supreme Court did not apply to her because she stopped issuing licenses to everyone, regardless of sexual orientation. 


The appeals court said that the two same-sex couples who are suing Kim Davis could try and show that Davis acted unreasonably.


“In short, plaintiffs pleaded a violation of their right to marry: a right the Supreme Court clearly established in Obergefell,” Circuit Judge Richard Griffin wrote. “The district court therefore correctly denied qualified immunity to Davis.”


Davis has since retired after losing her bid for reelection last year.


The two couples who were denied their marriage license from Kim Davies are now happily married.




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