ROWAN COUNTY, Ky. — Attorneys for Kim Davis, a former Rowan County clerk, have appealed a ruling issued by a federal judge that claims she violated the constitutional rights of two same-sex couples who were denied marriage licenses.
In 2015, shortly after the Obergefell v. Hodges Supreme Court ruling that granted same-sex couples the right to marry, Davis stopped issuing all marriage licenses due to her religious beliefs. That led to lawsuits against her from both straight and same-sex couples, and a judge ordered Davis to issue the licenses. She spent five days in jail for being found in contempt of court after refusing to do so.
Last month, U.S. District Judge David Bunning issued the ruling in two longstanding lawsuits involving Davis and the two same-sex couples who sued her, David Ermold and David Moore, and James Yates and Will Smith.
Despite the appeal, there is still a matter of if she owes damages to the plaintiffs. Last month's ruling settled whether or not the constitutional rights of the couples were violated, but not if Davis would be responsible for fees and damages.
Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by the two couples. The plaintiffs then argued that Davis had violated their constitutional rights and their right to marry was clearly established at the time of Davis's violation and she was not entitled to qualified immunity.
There was a telephone conference on Friday morning regarding the cases. Davis filed a notice of appeal on Thursday.
Judge Bunning ordered that both cases will be temporarily placed on hold until matters involving the appeals are resolved.