Judge: Same-sex marriage license denials violated rights

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Judge: Same-sex marriage license denials violated rights
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A federal judge has ruled that a former Kentucky clerk violated the constitutional rights of two same-sex couples after she wouldn’t issue them marriage licenses.

FILE - In this Nov. 6, 2018, file photo, Kim Davis, the county clerk for Rowan County in Kentucky, works with the county election board on Election Day, in Morehead, Ky. A federal judge has ruled, Friday, March 18, 2022, that the former Kentucky clerk violated the constitutional rights of two same-sex couples after she wouldn't issue them marriage licenses a refusal that sparked international attention and briefly landed her in jail in 2015.

U.S. District Judge David Bunning in Ashland issued the ruling Friday in two longstanding lawsuits involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who sued her. With the decision, a jury trial will still need to take place to decide on any damages the couples could be owed.

“It is readily apparent that Obergefell recognizes Plaintiffs’ Fourteenth Amendment right to marry,” the judge wrote, referencing the landmark same-sex marriage Obergefell decision. “It is also readily apparent that Davis made a conscious decision to violate Plaintiffs’ right.”Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.

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