Here’s a modest ray of schadenfreude in the increasingly gloomy news cycle — gay couples wronged by Kim Davis have been given the green light to sue her in federal court.
Davis, if you need reminding, is the Kentucky clerk who after being married four times herself, drew a line in the sand when same-sex marriage became the law of the land, refusing to issue marriage licenses to gay couples. She cited her Christian faith, naturally.
In November of 2016, attorneys representing the couples who initially filed suit against her asked District Judge David Bunning for $233,058 in legal fees and costs.
Related: Disgraced: A Look Back At Kim Davis’ ‘Greatest’ Moments One Year After Marriage Equality
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Davis’ lawyers at the antigay Liberty Counsel made the argument that she shouldn’t be on the hook given Kentucky’s move to remove county clerks’ names from state marriage license. They said the issue was moot.
The counterargument? Basically — “No honey, you still broke the law.” At the time, however, it looked like Davis’ side had scored the victory.
That is, until this week, when the 6th U.S. Circuit Court of Appeals in Cincinnati reversed a lower court’s ruling that damages claims made by David Ermold and David Moore were moot after the state’s license switch-up.
Related: Kim Davis Is Trying To Rewrite Her Antigay History; Too Bad The Internet Remembers Forever
Even though the couple did eventually get their license, a three-judge appeals court panel found that they could still sue Davis for the initial refusal.
Michael Gartland, one of Ermold and Moore’s lawyers, is hopeful that the ruling will stand now that the case has been sent back to Kentucky.
“The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis,” he said.
Watch Davis in her breakout role refusing a license to Ermold and Moore below:
BrettF07
What Kim Davis did was deplorable. But, I can’t help but feel like the bullied have become the bullies. We need more forgiveness, compassion, love, and acceptance in this world … and we can’t expect any of it until we start living by those principles ourselves.
This makes me sad for everyone involved.
DCguy
Wow, didn’t take long for the same burned out right wing line of “If you don’t allow a bigot to be a bigot then YOU’RE the bully!”
Please give it a rest. She refused to do the job she was hired to do, told people wanting to get married they were going to hell and fought to keep the state from acknowledging their rights, but the people she attacked are the bullies?
This is as ridiculous as the Mormons claiming that people calling them bigots for attacking African Americans and LGBTs were actually bigots for pointing out their bigotry.
BrettF07
I’m just tired of all the negativity in the world. Would it hurt us to be kind to someone like Kim Davis, even when she DOESN’T deserve that kindness? What she did was terrible, I’m not denying it. I’m in no way saying we should allow her to be a bigot. She rightfully lost her job and all credibility because of her intolerance.
I just don’t think a desire to show kindness and compassion is ridiculous. The world needs more of it. Who better than the LGBTQ+ community to show everyone how it’s done.
peter_mcconnell
Did she lose her job though. I’m fairly sure she is still county clerk. She didn’t step down and there was no impeachment.
She needs to suffer some real kind of consequence, if not to punish her, then at least to disincentive others. A civil lawsuit is good way of doing that.
And as for showing forgiveness, she has done nothing to show she’s even aware that she did anything to forgive. I’m not wasting my forgiveness on an unrepentant bigot.
Captain Obvious
How come every time the bullies get it back someone has to come in telling us “peace and love”? Where was the peace and love when these freaks were burning crosses, hanging people, and forming gangs/mobs to beat people in the cities?
Go find your seat.
captainburrito
She never lost her job. She was neither impeached nor did she resign. The next election for her position I think is 2018 or later.
They are pursuing her for damages from the original refusal. Just because the justice system takes years doesn’t mean they are not entitled to it. Her actions had consequences. Being treated like this and seeking just recourse is not bullying. Some might not choose to pursue it (I’d personally let it go, if only because I’d never want to see her face again) but you can’t expect everyone to be so forgiving. Had she decided to not process the voter registration for black person or issue a marriage licence to an inter-racial couple the punishment would have been much swifter since there are specific penalties for those.
Alexis
As much as I like to be sympathetic to your statement, I don’t see why she needs to be treated with respect or kindness while she didn’t respect others despite their sexuality. People like her hide and use their religion as a weapon to make their lives better (even though she herself is not a Christian–wasn’t she married multiple times…how is that Christian) and stifle others’ freedom. Sorry mate, I would like to be better there, but people don’t and will never learn. Might as well teach them a lesson. That won’t change their minds, but at least they won’t do that others in the future.
fur_hunter
Brett…….Have you been living under a F-ing rock your whole life? Do you know how the gay community has fought tooth and nail to legalize gay marriage? Davis and those like her are pieces of $H!T as far as I am concerned. Sympathy? She and all those like her can kiss my furry @$$. I wouldn’t p!$$ on her if she was on fire! When you have fought like many of us have for our 70+ years, then talk to me about bullying and sympathy. Get out and join the real folks out here who are trying to make it better for the gay community instead of just sitting on the sidelines.
BrettF07
I apologize for not knowing she hadn’t been fired/penalized for her actions. I thought she had. That’s insane! I still stand by what I said about showing kindness even to those who don’t deserve it – but also understand that we need to penalize someone for not following the law so change happens.
Thanks to the commenters that brought those facts to my attention without being unnecessarily mean 🙂
Maleko
If you can’t ‘help but feel’ that recovering the costs her negligence imposed upon this couple seeking a marriage license, then stop feeling and you will get over it. You want to have your rights violated, then spend $250,000 of your money to get your rights enforced and not recover from the person that intentionally injured you in the first place? I don’t believe it. Unless you are a very wealthy man, and have little regard for your wealth, I don’t believe you would ever be so forgiving to someone that had dumped so much public hate on you. But, if you think you would, have a talk with a psychologist and try to understand why you hold yourself in such low regard and don’t think your rights matter that much to you. We are talking about marriage, likely the most significant decision you will ever make in your life.
Bob LaBlah
@BrettF07………………you’ve obviously never been thru rural Kentucky, or been around those from rural Kentucky whom’ve come to the “big city” looking for work and lucked up on a job no one else really wanted. This woman is what she is: poor, etched in stone white trash. As in the barefoot and pregnant type. I bet she was all of sixteen when she had her first kid and can’t say for sure which one of her brothers it belongs to. She may fool you but not me.
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DCguy
So a liar, who committed adultery multiple time, who went against Christ’s teachings on divorce and judged others in violation of the Bible is claiming she is upholding her religion.
Oh wait, that’s right, as long as you’re a bigot attacking minorities the right wing will claim you are a good Christian.
captainburrito
She can argue that she did those things before she repented. Easier way is just to ask what the state marriage licence has to do with holy matrimony.
DCguy
She can argue it, but according to the Bible, if she doesn’t remarry her first husband she is committing a new incidence of adultery every day. I love the whole “Oh, I can do anything I want, and then repent and I’m all good” lol
He BGB
Take her for every penny you can get! She put people through alot of unnecessary,pain and suffering and broke the separation of church and state rule. She shouldn’t have that job if she can’t treat all humans equally.
radiooutmike
I don’t she will be pauperized by whatever legal decisions against her. But I am happy that this will cause her consternation and infamy for the rest of her natural life.
natekerchel
I am all for being compassionate and considerate to people who deserve it – she is not one of those people. She deliberately and with malice aforethought set out to block the will of the nations highest court, and to withhold the human rights of gay people . Her ‘justification’ – some absurd stories written by strange, and definitely hypocritical, men thousands of years ago. She chose this battle – not us. As I keep saying – we need to accept that we have to fight hem as hard as they fight us. But we have a different motive – we fight for justice and freedom and equality. They fight for hate and division and discrimination. In a few days time we will apparently come under attack again from the beast in the White House as he gives the religious right another weapon in their arsenal of discrimination.
silveroracle
I guess karma came round.
fur_hunter
Maybe she can ask Mike Huckabee to help pay what she will owe since he was so adamant that “She is doing God’s work.” Excuse me while I puke! I hope she ends up in the poor house and that NO ONE will help her out. Karma can be a real 8itch, can’t it? And I hope we NEVER hear about this 8ITCH…ever again!!!!! (Do you get the idea that I have no love for Kim Davis?)
jhon_siders
Furry @$$ love a furry butt GRRRR WOOF !
1EqualityUSA
Huckabee is too busy cutting down the tortured dogs his son strung up in trees to be a foul-weather friend to Kim Davis. They got what they needed from her, as did her three previous husbands, and moved on, but “oh, what a friend she has in Jesus.”
winemaker
As far as I’m concerned this ugly red neck can kiss my ass and our collective asses. Her words are insincere and meaningless. Let’s move on and not waste any more time on this matter.
GayEGO
Yay, may this couple take Kim Davis to the cleaners as she is deplorable!
Bob LaBlah
She did this to herself. She put her own ass in the sling and vengeance shall be brought down on her. Her job was to uphold the law, not decide which ones she would and would not obey as she is clearly not obeying the law. I hope they get her shack on the side of the hill along with the rusted out 1972 Chevy pickup truck and rusted out washing machine out in the front yard by the fence. I’m pretty sure her husband, Duke, has already dismantled the still and took it up to his mom’s house. Welcome to Kentucky folks.