Lucky Same-Sex Couples Get to Sue Infamous Homophobe Kim Davis

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Remember Kim Davis? The Rowan County, KY, clerk whose homophobia “prevented” her from doing her job?

Since refusing to issue licenses to same-sex couples applying to get married, Davis has spent time in jail, been skewered on billboards, and—perhaps worst of all—was mocked by ‘80s rock band Survivor. And now, nearly two years after becoming the face of anti-LGBTQ hate in America, Davis has been dealt yet another humiliating defeat.

On Tuesday, the Sixth Circuit Court of Appeals ruled that David Ermold and David Moore—the same-sex couple whose marriage license was rejected by Davis in 2015—can pursue legal damages against Davis. The ruling comes after a district judge initially rejected their case, claiming that Kentucky’s eventual legalization of gay marriage invalidated the claim.

But the Sixth Circuit said that Ermold and Moore’s case rests on the “particularized harm” they experienced as a result of Davis’ actions—and as such, can proceed. As The Cut notes, the case will now be returned to a U.S. District Judge, who will decide whether Davis is liable for financial damages owed to the plaintiffs.

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