Is marriage equality at risk? Understanding Kim Davis's Supreme Court appeal
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Is marriage equality at risk? Understanding Kim Davis's Supreme Court appeal
"She not only denied licenses herself but also ordered her staff not to issue them. Related: Kim Davis is back in court because she doesn't want to pay a gay couple Several couples sued Davis, arguing she had violated their constitutional rights. A jury ultimately awarded emotional distress damages to two of those couples. Davis appealed, claiming she was immune from personal liability as a government official. The Sixth Circuit Court of Appeals rejected her arguments."
"GLAD Law legal director Josh Rovenger, whose organization was part of the team that argued Obergefell, told The Advocate that the case centers on "a narrow question" about emotional-distress damages and qualified immunity, not on the underlying right to marry. "It would really be anomalous for the Court to take a case with such a narrow fact pattern and use it to revisit Obergefell," Rovenger said."
In 2015, after Obergefell legalized same-sex marriage nationwide, Kim Davis, clerk of Rowan County, refused to issue marriage licenses to same-sex couples and instructed her staff not to issue them. Several couples sued, alleging constitutional violations, and a jury awarded emotional-distress damages to two couples. Davis appealed, arguing personal immunity, and the Sixth Circuit rejected her claim. Davis petitioned the Supreme Court for review and her lawyers urged reconsideration of Obergefell. The Supreme Court will privately decide on November 7 whether to grant certiorari. GLAD Law's Josh Rovenger described the case as centered on qualified immunity and damages, not the right to marry.
Read at Advocate.com
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