Ex-Kentucky Clerk Must Defend Same-Sex Couples’ Marriage Suits

Aug. 23, 2019, 5:23 PM UTC

Kim Davis, the former county clerk in Rowan County, Ky., who refused to issue marriage licenses to same-sex couples after the U.S. Supreme Court decided marriage is a fundamental civil right, may only be sued in her individual capacity, the Sixth Circuit said Aug. 23.

Davis claimed to be exercising her religious freedom in declining to sanction same-sex marriage. She chose to go to jail rather than comply with a court order to begin issuing marriage licenses to eligible couples and ultimately lost her 2018 re-election bid.

Two same-sex couples brought suit against Davis. She isn’t entitled to qualified immunity ...

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