A former Kentucky Clerk violated the rights of same-sex couples after denying them marriage licenses, a judge has ruled.
As reported by CBS News, US District Judge David Bunning ruled on Friday that Kim Davis violated the constitutional rights of two same-sex couples after refusing them marriage licenses.
Her refusal to do so not only resulted in her making headlines back in 2015, but briefly landed the former clerk of Rowan County in jail.
After the two couples sought legal action, Judge Bunning ruled that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official."
Bunning's ruling now means that Davis will face a jury trial to determine whether or not she must pay any damages to the couples.
Back in 2015, the Supreme Court ruled that same-sex couples across the US had the right to marriage licenses. However, the decision led Davis - who says she objects to same-sex marriage based on her Christian beliefs - to deny all marriage licenses.
She was sued by both straight and gay couples, with a judge eventually ordering Davis to start reissuing the licenses. After refusing to do so, she was jailed for five days for contempt of court. Her release came after staff issued licenses on Davis' behalf - but committed her name from the legal document.
A state law was later introduced that removed the names of all county clerks from state marriage licenses, CBS News reports.
Republican Davis ran for reelection for the Rowan County clerkship in 2018, but was unsuccessful - losing out to Democrat Elwood Caudill Jr.
Liberty Counsel - the law firm representing Davis - believes the case could once again be brought to the Supreme Court, with the firm arguing that comments made by Supreme Court Justice Clarence Thomas regarding Davis' religious beliefs.
In 2020, the Supreme Court rejected Davis' claim that a legal doctrine called qualified immunity protected her from being sued by couples David Ermold and David Moore as well as James Yates and Will Smith.
Supreme Court Justice Clarence Thomas wrote at the time that although he agreed to reject Davis' claim of immunity, "those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul" of the case "and its effect on other antidiscrimination laws".
Liberty Counsel's founder and chairman Mat Staver argue that Davis "is entitled to protection to an accommodation based on her sincere religious belief".
"This case raises serious First Amendment free exercise of religion claims and has a high potential of reaching the Supreme Court," Staver added.
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