A federal appeals court is allowing a same-sex couple's lawsuit to proceed against Rowan County clerk Kim Davis, who denied a gay couple a marriage license in Kentucky in 2015.
Davis denied David Ermold and David Moore, a gay couple from Rowan County, a marriage license one month after the Supreme Court's Obergefell v. Hodges decision that legalized gay marriage. Davis refused to follow the law because of her religious beliefs about marriage, and video of her interaction with Ermold and Moore spread widely online. Davis' cause attracted attention from several Republican presidential candidates including former Arkansas Gov. Mike Huckabee and Texas Sen. Ted Cruz.
A district court dismissed Ermold and Moore's case last year alongside other related court actions and decided, "marriage licenses continue to [be] issued without incident, there no longer remains a case or controversy before the court," as the 6th Circuit Court of Appeals noted in its opinion.
The court of appeals disagreed in its opinion this week that reversed the district court's judgment and sent it back to the lower court it for additional proceedings. The 6th Circuit's action keeps the controversy alive and allows Ermold and Moore to sue Davis for damages.