Quantcast
Connect with us

Same-sex couple can seek damages from Kentucky clerk: US appeals court

Published

on

A federal appeals court on Tuesday revived a damages lawsuit against Kim Davis, the Kentucky county clerk who in 2015 refused to grant marriage licenses to same-sex couples because it conflicted with her Christian beliefs.

The 6th U.S. Circuit Court of Appeals in Cincinnati said a lower court judge erred in finding that damages claims by David Ermold and David Moore became moot, after a new state law last July excused clerks like Davis, from Rowan County, from having to sign marriage license forms.

ADVERTISEMENT

While the couple eventually did get a license, a three-judge appeals court panel said they could sue over Davis’ initial refusal to grant one, after the U.S. Supreme Court in June 2015 said the Constitution guaranteed a right to same-sex marriage.

“The district court’s characterization of this case as simply contesting the ‘no marriage licenses’ policy is inaccurate because Ermold and Moore did not seek an injunction-they sought only damages,” Circuit Judge Karen Nelson Moore wrote. “The record does not support an argument that (their) damages claims are insubstantial or otherwise foreclosed.”

Ermold’s and Moore’s case was sent back to U.S. District Judge David Bunning in Covington, Kentucky.

“The ruling keeps the case alive for a little while but it is not a victory for the plaintiffs,” Mat Staver, founder of Liberty Counsel, a Christian advocacy group representing Davis, said in a statement. “We are confident we will prevail.”

Michael Gartland, a lawyer for Ermold and Moore, called the decision a “no-brainer,” saying damages claims based on past harm often survive mootness challenges. His clients are seeking compensatory and punitive damages.

ADVERTISEMENT

“Do I think it’s a million dollar case? Probably not,” Gartland said in an interview. “The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis.”

The refusal of Davis to issue licenses made her a national symbol for opposition to Obergefell v Hodges, the Supreme Court decision that legalized same-sex marriage nationwide.

The case is Ermold et al v. Davis, 6th U.S. Circuit Court of Appeals, No. 16-6412.

ADVERTISEMENT

(Reporting by Jonathan Stempel in New York; Editing by Lisa Shumaker)


Report typos and corrections to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Facebook

John Oliver explains how the Ukraine scandal so stupid even Fox News ‘idiot’ Steve Doocy should understand it

Published

on

"Last Week Tonight" host John Oliver closed out his season with a special report for Fox News hosts who seem to be struggling with the basic understanding of things like "bribery" or the concept that attempted crimes are still actually crimes.

At the top of Sunday's show, Oliver played a clip of Fox News host Laura Ingraham who made the argument that if Trump tried to commit a crime and didn't manage to pull it off, then he's clearly innocent.

"Attempted bribery isn't in the constitution," proclaimed Ingraham, forgetting about what "high crimes and misdemeanors" covers. "Remember, Ukraine got its aid, it was 14 days delayed, big deal. And Ukraine never made any public statement about the investigation."

Continue Reading

CNN

This is the energy executive who first exposed Trump’s Ukraine scandal: report

Published

on

CNN host Chris Cuomo did a special investigative report by Drew Griffin looking at the money trail from Russia to President Donald Trump's Ukraine scandal.

"You probably don’t know Dale Perry, but history may record this energy executive as one of the first who sounded the alarm about what would become President Trump’s impeachment inquiry," said Griffin. "In April, Perry’s former business partner Andrew Favorov, now a director at Ukraine's state-owned gas company Naftogaz, says two shady characters had approached him, with a secret management plan to take over the management from the inside. Those two shady characters Lev Parnas and Igor Fruman, are two low-level, Soviet-born businessmen from south Florida. And they were trying to clear the way for their own gas business."

Continue Reading
 

Facebook

‘A slam-dunk-case’: MSNBC analysts predict GOP will defend Trump — and ‘the guy is going to get off’

Published

on

More evidence was outed Sunday as the Wall Street Journal revealed emails from EU Ambassador Gordon Sondland, who promised to keep the White House abreast of President Donald Trump's demand for an investigation by Ukraine. The news prompted an MSNBC panelists to explain that it wouldn't matter how much evidence was presented, Republicans will never vote to remove Trump.

Host Geoff Bennett asked about the witness testimony and preponderance of evidence that "all points in one direction at this point, that President Trump orchestrated this entire" Ukraine investigations.

"It's a slam dunk case, and yet we know the guy is going to get off," said Los Angels Times White House reporter Eli Stokols. "That's effectively what you're saying. Because all the testimony has lined up so closely, the fact that [EU Ambassador Gordon] Sondland has come to come in, and because testimony from [Ambassador Bill] Taylor and others, has had to change testimony, Republicans have no choice -- the president has no choice but to try to dismiss the entire thing as partisan."

Continue Reading
 
 
Help Raw Story Uncover Injustice. Join Raw Story Investigates for $1 and go ad-free.
close-image