A federal appeal court has revived a homosexual couple’s claim for damages against Kentucky clerk Kim Davis for refusing to sign their marriage licence.
In August 2016, U.S. District Judge David Bunning tossed out as moot three lawsuits against Davis, citing Kentucky Gov. Matt Bevin’s executive order that allowed marriage licences to be printed without the issuing clerk’s name on them.
A clerk in Rowan County and a born-again Apostolic Christian, Davis was willing to issue marriage licenses to homosexual couples but had asked for a religious exemption not to sign her name to them, because she believed doing so would endorse homosexuality.
But in a May 2 ruling, three judges on 6th U.S. Circuit Appeal Court reversed Bunning’s decision on the lawsuit brought against Davis by homosexual couple David Ermold and David Moore.
They ruled Ermold and Moore were not suing against a general policy but were seeking “damages for a particularized harm allegedly suffered by a specific set of plaintiffs.”
According to precedent, claims for damages are “retrospective in nature — they compensate for past harm. By definition, then, such claims cannot be moot,” the ruling noted.
The appeal court reinstated Ermold and Moore’s claim, which now goes back to Bunning.
The appeals court decision also says the lower court should rule on what defense Kentucky’s 2013 Religious Freedom Restoration Act allows Davis, given the Supreme Court’s June 2015 Obergefell decision giving homosexual couples a constitutional right to “marry.”
Liberty Counsel, which represents Davis, is ready to make the case in court for her religious liberty.
This article continues at [LifeSiteNews] Gay couple can sue Kim Davis for damages, appeals court rules