Gay Couple's Lawsuit Against Kentucky Clerk Resurrected

David Ermold and David Moore can sue Kim Davis, appeals court rules
By Evann Gastaldo,  Newser Staff
Posted May 3, 2017 12:34 PM CDT
Gay Couple's Lawsuit Against Kentucky Clerk Resurrected
In this Sept. 14, 2015, file photo, Rowan County Clerk Kim Davis makes a statement to the media at the front door of the Rowan County Judicial Center in Morehead, Ky.   (AP Photo/Timothy D. Easley, File)

A same-sex couple denied a marriage license for months by Kentucky county clerk Kim Davis can sue her for damages, a federal appeals court ruled Tuesday. The damages lawsuit from David Ermold and David Moore was declared moot by a lower court due to the fact that a new state law last July removed the requirement that clerks sign marriage license forms. But the appeals court found that ruling to be in error, and ruled that Ermold and Moore can sue over Davis' refusal to issue a license even though they did eventually get one, Reuters reports.

Davis' side doesn't seem fazed by the ruling: The founder of a Christian advocacy group representing her says that though the new ruling "keeps the case alive for a little while," it isn't "a victory," and he is confident Davis "will prevail." But the attorney for Ermold and Moore thinks he's wrong: "We’re going to get damages, I’m sure of that," he says, per The case was sent back to the same US district judge in Kentucky who originally declared it moot, and the next step is a trial. The whole process could take another one to two years, WKYT reports. (More Kim Davis stories.)

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