Posted on 08/29/2019 8:57:35 AM PDT by Coronal
Former Kentucky county clerk Kim Davis, who garnered national headlines in 2015 for refusing to issue marriage licenses to same-sex couples following the U.S. Supreme Court decision legalizing gay marriage, can be sued for her actions.
A three-judge panel of the United States Court of Appeals for the Sixth Circuit ruled unanimously last Friday that while Davis could not be sued on the basis of her former duties as a county clerk, having what the court called “sovereign immunity,” she could still be sued as an individual, denying her “qualified immunity.”
“Because Davis acted on Kentucky’s behalf when issuing (and refusing to issue) marriage licenses, sovereign immunity protects her … from an official-capacity suit,” wrote Circuit Judge Richard Griffin, author of the opinion of the court.
“… plaintiffs pleaded a violation of their right to marry: a right the Supreme Court clearly established in Obergefell. The district court therefore correctly denied qualified immunity to Davis.”
Circuit Judge John K. Bush, another member of the panel, authored a concurring opinion in which he argued that Davis showed an “anti-homosexual animus.”
(Excerpt) Read more at christianpost.com ...
Kim Davis is a hero. Every decent person in America should have stood on her side in this dispute.
“Circuit Judge John K. Bush, another member of the panel, authored a concurring opinion in which he argued that Davis showed an “anti-homosexual animus.””
Must be a Bush appointment.
Probably related to the dynastic Bush Family.
It is exactly where freedom goes to die.
Notice what’s happening here. Gubbmint employees CAN be held personally liable for some phony balogna made up nonsense, but in cases of real neglect, failure to perform, no way. Witness millions of illegal aliens, grade schools shot up by nutjobs, embezzlement, handing out favors to friends and family, etc etc “Nothing to see here, move along.”
Everything related to government has turned into a sick, twisted joke, and the joke is on the American people.
The Progs are STILL trying to punish Kim Davis, after all this time. The Progs intend to MAKE US COMPLY. This is only the beginning. War is coming, people, whether we like it or not.
People in KY seem to confused to respond.
“The Progs are STILL trying to punish Kim Davis, after all this time. The Progs intend to MAKE US COMPLY. This is only the beginning. War is coming, people, whether we like it or not.”
We have to get those Obama and even Bush judges off the Courts.
Let me get this straight (no pun intended)…
She has immunity for her official capacity acts, but can be sued as an individual for same acts? Sorry that she will have to deal with lots of lawyer fees to fight this, but it seems to me that any attempt to sue would ultimately fail same as the ‘bake a cake for a queer’ lawsuit and other similar recent cases. If its an individual bias and not an official capacity, does that now not fall under first amendment?
Meanwhile proven leaker Comey skates...
And does so with an attitude...
so government peeps, FBI Secretary of state, etc- can DO criminal acts and get away scott free- but Davis, who oesn’t do something gets hounded?
These judges do not want the First Amendment.
A large percentage of American people do not know gays in real life other than what they see on TV, the good looking, smart funny guy the popular culture portrays
Get to know gays as they really are and you will find out many, not all are very vindictive, nasty people.
They will go after and destroy this woman because they hate everything she believes.
The thugs on the left want to crush us; this is about totalitarians wielding power not about some warped perception of justice. They will in fact follow this agenda when (not if) they retake power unless we can dismantle a large chunk of big government and draw their fangs before they have the upper hand.
“If you want a vision of the future, imagine a boot stamping on a human face - forever.”
- George Orwell
Sadly, as freedom’s enemies on the left did with so much of Orwell’s work, they took this as an ideal to emulate rather than as a warning.
You are right, if they were decent people they would drop the case, or at least not judge shop for liberal judges to make their case for them.
America was great at one time.....
If there is a right to marry... no need for a license.
Apparently he is a Trump appointee, but he is still wrong and incorrect.
“...while Davis could not be sued on the basis of her former duties as a county clerk, having what the court called “sovereign immunity,” she could still be sued as an individual, denying her “qualified immunity.”
What total BS. I just read the other day that the state of Kentucky must pay the legal bill for the Davis case.
Sadly, he's a Trump appointee.
So, this means sanctuary city politicians can be sued? (Not holding my breath)
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