Appeals court says same-sex couple can sue Kentucky county clerk Kim Davis for damages

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published 2 May 2017

Nearly two years after being denied a marriage license by Kentucky county clerk Kim Davis, a gay couple has finally won court approval to move forward with a lawsuit. On Tuesday, a federal appeals court reversed a lower court's ruling, granting the couple, David Ermold and David Moore, the right to sue Davis for damages.

In an incident captured in a video that went viral, Davis, citing her religious beliefs, refused the couple a marriage license despite the Supreme Court ruling legalizing same-sex marriage. The couple's case was originally tossed out by a lower court in August because of a state law excusing county clerks like Davis from signing same-sex marriage licenses, and because Davis' office did eventually grant the couple a marriage license.

However, the court ruled Tuesday that the lower court incorrectly characterized the case as "simply contesting the 'no marriage licenses' policy," when in fact the couple "only sought damages." "The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis," said Michael Gartland, a lawyer for the couple.