|
In
a 3-0 decision, the 6th U.S. 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 2015 U.S. 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.
But the appeals court called the Supreme Court decision "as
sweeping as it was unequivocal," and said the respective couples
- David Ermold and David Moore, and Will Smith and James Yates -
could try to 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."
The decision upheld rulings by U.S. District Judge David Bunning
in Covington, Kentucky and returned the lawsuits to him. Both
couples are now married.
Davis lost her reelection bid as Rowan County clerk last year.
She is now retired, according to Mat Staver, the founder of
Liberty Counsel, which represented her.
"At the end of the day, she will ultimately prevail. She had no
hostility to anyone, given that she stopped issuing all marriage
licenses," Staver said in an interview.
"The broader issue is what accommodation a court should provide
someone based on their religious beliefs," he added. "It's a
matter of time before such a case goes squarely before the
Supreme Court."
Michael Gartland, a lawyer for Ermold and Moore, said his
clients may ask the full 6th Circuit to review the sovereign
immunity issue. "No matter what happens, we're going to trial
against Ms. Davis in her individual capacity," he said.
Kash Stilz, a lawyer for Smith and Yates, said his clients were
pleased their lawsuit can continue.
The appeals court also upheld a separate attorney fee award to
other couples who were denied marriage licenses by Davis.
Both decisions came two hours after another federal appeals
court said two Minnesota videographers, Angel and Carl Larsen,
could sue the state for requiring them to film same-sex weddings
though it violated their Christian beliefs.
The immunity cases are Ermold et al v Davis et al, 6th U.S.
Circuit Court of Appeals, Nos. 17-6119 and 17-6233; and Smith et
al v Davis et al in the same court, No. 17-6120 and 17-6226.
(Reporting by Jonathan Stempel in New York; Editing by
Marguerita Choy)
[© 2019 Thomson Reuters. All rights
reserved.] Copyright 2019 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content.
|
|
