Sixth Circuit upholds damages for gay couple denied marriage license by Kim Davis

(CN) — The Sixth Circuit ruled Thursday to uphold an award of damages against former Kentucky county clerk Kim Davis, who was sued after refusing to issue two gay men a marriage license.

The three-judge panel unanimously rejected Davis’ arguments that she was immune to the lawsuit and upheld a jury award of $100,000 in emotional damages to plaintiffs David Ermold and David Moore.

The damages were awarded after a federal judge ruled that Davis violated the plaintiffs’ rights when she denied them a marriage license. Davis was also ordered to pay an additional $260,000 in legal fees.

The denial came just days after the U.S. Supreme Court’s 2015 landmark ruling that guaranteed same-sex couples the right to get married.

Davis appealed to the Sixth Circuit, arguing her then position of clerk for Rowan County granted her immunity and that the record did not support the calculation of emotional damages.

However, the panel unanimously disagreed with Davis, finding that the matter of immunity was settled and that she was not entitled to a reversal on that issue.

“Plaintiffs have spent nearly six years litigating this case in reliance on our holding that if they prove the facts alleged in their complaint, Davis would not be entitled to qualified immunity. It would be unfair to reverse course now — after plaintiffs prevailed at trial — and hold that their case was doomed from the start. The law-of-the-case doctrine exists precisely to prevent that sort of extended game of litigation whack-a-mole,” wrote U.S. Circuit Judge Helene White, who authored the opinion.

The panel also rejected arguments from Davis that her conduct was shielded by the First Amendment because she was acting as a government official.

“That binary is outcome-determinative here because the act for which Davis is being held liable — denying plaintiffs a marriage license — is quintessential state action,” wrote White, who was appointed to the court by George W. Bush.

White continued saying that if Davis’ argument was accepted, government officials could engage in all types of discriminatory behavior and be free of consequences by simply saying they were following their conscience.

Chad Readler, who was appointed to the court by Donald Trump, wrote a concurring opinion expressing that, while he believed the First Amendment might partially shield Davis, her conduct went above and beyond those protections.

“Rather than attempting to invoke a religious exemption for herself, Davis instead exercised the full authority of the Rowan County Clerk’s Office to enact an official policy of denying marriage licenses to same-sex couples, one every office employee had to follow. Under this unique set of facts, I agree that the First Amendment does not shield Davis from liability,” wrote Readler.

Davis’ claims regarding the calculation of emotional damages were also rejected, with the panel finding that the court records and plaintiffs’ testimony were sufficient to show suffered frustration and emotional harm.

The testimony in the court record includes Davis agreeing that she told the couple she would not grant them a marriage license but would give one to a heterosexual murderer or rapist.

Joining the panel was Joe Biden appointee U.S. Circuit Judge Andre Mathis.