Two Years Later Couple Wins Right to Sue Kim Davis

Court Rules Couple Has Right to Have Their Case Heard

Weeks after the U.S. Supreme Court ruled same-sex couples have the right to marry, David Ermold and David Moore tried to apply for a marriage license in Rowan County, Kentucky. The elected county clerk, Kim Davis, refused them, citing her religious beliefs and “God’s authority.” Their video of that day’s events (below) sparked a nationwide conversation and propelled the Oneness Pentecostal clerk into the international spotlight. 

During another attempt to obtain a license, Davis told them, “I’m willing to face my consequences as you all will face your consequences when it comes time for judgment.”

Ermold and Moore sued, but U.S. District Judge David Bunning dismissed the couple’s lawsuit after a new governor, siding with Davis, changed the marriage forms so she would not have to sign them. The judge ruled their case “moot,” claiming that since the couple ultimately was able to marry, they had not been harmed.

On Tuesday the 6th Circuit Court of Appeals overruled that decision, stating they had grounds to sue because they were harmed by Davis’ refusal.

“The district court concluded that because Ermold and Moore were eventually issued a marriage license, the dispute in their case was resolved,” a three-judge panel of the 6th Circuit Court ruled. “We conclude that 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. This action is not a general challenge to Davis’s policy, but rather seeks damages for a particularized harm allegedly suffered by a specific set of plaintiffs.”

The couple’s July, 2015 video went viral, garnering over 1.8 million views on YouTube.

Davis, of course, spent six days in jail for contempt of court, and was used by Mike Huckabee and Liberty Counsel’s Mat Staver as a publicity opportunity. 

Apparently, two years later, Kim Davis will be back in the news.

RELATED:

Breaking Video: Defiant Kim Davis Denies Same-Sex Couples Marriage Licenses ‘Under God’s Authority’

Watch: Kim Davis Tells Same-Sex Couple They ‘Will Face Consequences When It Comes Time For Judgment’

Protestors Chant ‘Do Your Job’ Inside Kim Davis’ Office After She Defies SCOTUS

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