In a 3-0 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati said Kim Davis can be sued in her individual capacity, though sovereign immunity shielded her from being sued in her former role as Rowan County Clerk. Davis claimed that Obergefell v Hodges, the 2015 U.S. Supreme Court decision
- The Kentucky county clerk who in 2015 gained widespread attention for refusing to issue marriage licenses to same-sex couples may be sued for damages by two of those couples, a federal appeals court ruled on Friday.
But the appeals court called the Supreme Court decision"as sweeping as it was unequivocal," and said the respective couples - David Ermold and David Moore, and Will Smith and James Yates - could try to show that Davis acted unreasonably. Davis lost her reelection bid as Rowan County clerk last year. She is now retired, according to Mat Staver, the founder of Liberty Counsel, which represented her.
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