A same-sex couple in Kentucky that was denied marriage licenses was awarded $100,000 in damages by a federal jury, according to court documents.
David Ermold and David Moore each received $50,000 in a lawsuit against former Rowan County Clerk Kim Davis, whose office denied them marriage licenses in 2015.
“This is just complete vindication,” Jon Buckles, one of the couples’ attorneys, told WKYT. “They felt the weight of the world on them this week and for the last eight years.”
In 2015, the Supreme Court legalized same-sex marriage as a result of the landmark Obergefell v. Hodges case. Despite the ruling, Davis’ office continued to deny marriage licenses to same-sex couples that year, with Davis stating that it would violate her Christian values.
During a similar suit in September 2015, US District Judge David Bunning declared Davis in contempt of court, for which she spent five days in jail. She was released once Bunning confirmed that Davis’ office had begun issuing same-sex marriage licenses, including those for Ermold, Moore, Yates, and Smith. Bunning also issued an order stating that Davis could not interfere with the office’s obligation to issue marriage licenses.
Ermold and Moore sued Davis in March 2022, with Bunning dismissing Davis’ motion for summary judgments on the grounds that Davis violated constitutional rights. “It is this Court’s opinion that Davis violated Plaintiffs’ constitutional right to marry and the only remaining issue is the issue of damages,” Bunning wrote in a memorandum regarding the suit.
Davis was represented by Liberty Counsel, an organization that covers litigation related to Christianity. “We look forward to appealing this decision and taking this case to the U.S. Supreme Court,” Mat Staver, Liberty Counsel founder and one of Davis’ attorneys, said in court. “Kim Davis has blazed the trail in Kentucky where she has obtained religious freedom for all clerks. Now it is time to extend that freedom to everyone, and that is what Liberty Counsel intends to do.”
Ermold and Moore had their case tried in tandem with that of James Yates and William Smith, another same-sex couple who were denied marriage licenses by Davis in 2015. Yates and Smith were not awarded any damages, according to court documents.
“Two juries heard the same evidence and the same arguments, and only one jury returned a verdict that was based on the facts and the evidence presented at trial,” Daniel Schmid, one of Davis’ attorneys, told CNN. “In the Yates case, the jury returned a verdict of $0.00 because that is what the evidence required.”
“Our hearts are broken that the Yates Plaintiffs received nothing in their case,” Mike Gartland, an attorney for Ermold and Moore, said in a statement. Gartland also pledged to challenge any appeals from Davis against the ruling involving his clients.
Attorneys for Yates and Smith have not made public statements regarding the trial as of Sept. 24.
