Appeals Court Rules Kim Davis Can Be Sued By Gay Couples

Bad news for homophobic former Kentucky County Clerk Kim Davis (above).

Cue the sad trombone sound…womp womp womp

An appeals court has ruled that Davis can be sued as an individual for refusing to issue marriage licenses to two same-sex couples after the historic U.S. Supreme Court Obergefell ruling in 2015.

Reuters reports:

The Kentucky county clerk who in 2015 gained widespread attention for refusing to issue marriage licenses to same-sex couples may be sued for damages by two of those couples, a federal appeals court ruled late on Friday.

In a 3-0 decision, the 6th U.S. Circuit Court of Appeals in Cincinnati said Kim Davis can be sued in her individual capacity, though sovereign immunity shielded her from being sued in her former role as Rowan County Clerk.

Davis claimed that Obergefell v Hodges, the 2015 U.S. Supreme Court decision recognizing a constitutional right to same-sex marriage, did not apply to her because she stopped issuing licenses to everyone regardless of sexual orientation, and the plaintiffs could have obtained licenses elsewhere.

Davis lost her reelection bid last year.

She was represented by the virulently anti-LGBTQ Liberty Counsel law firm. Mat Staver, the organization’s founder told the press, “She had no hostility to anyone, given that she stopped issuing all marriage licenses.”


In related news, the 6th Circuit Court also ruled that the state of Kentucky is on the hook for $224,000 in legal fees incurred by the couples who sued Davis when she refused to issue same-sex marriage licenses.

According to the Lexington Courier-Journal, Gov. Matt Bevin fought the judgment saying Davis should be responsible for the fees, not the state of Kentucky. He lost.

Hate doesn’t pay, kids.

Podcast: Jussie Smollett Attacked, Rita Moreno Honored, An Armed Disruptor At Drag Queen Storytime

In this week’s podcast:

• Protester with a gun disrupts Drag Queen Storytime in Houston

• Anti-gay former county Clerk Kim Davis may have to pay big buck for denying same-sex couples marriage licenses

• New Jersey will soon have LGBTQ-inclusive curriculum in schools

Empire star Jussie Smollett attacked in homophobic, racist assault in Chicago – returns to the concert stage

• Arkansas Supreme Court reverses on Fayetteville city ordinance protecting LGBTQ people

• And my chat with the living legend and EGOT, Rita Moreno

All that and more in this episode of The Randy Report.

Gay-Hating Kim Davis May Have To Pay $222K To Gay Couple’s Legal Team

Former Kentucky county clerk Kim Davis

Back in 2015, then-candidate for Kentucky governor Matt Bevin was proud to announce he “absolutely supported” Kim Davis, the infamous county clerk who denied marriage licenses to same-sex couples.

Even though the U.S. Supreme Court had ruled that marriage equality had become the law of the land, Davis refused to issue the licenses citing her deeply-held religious beliefs.

It’s important to note that those ‘deeply-held religious beliefs’ about the sanctity of marriage didn’t stop her from marrying three different men four times, so, there’s that.

At the time, the state required the name of the county clerk to appear on each marriage license, and Davis saw that as tacit endorsement of same-sex marriage. Digging in her heels, she stopped issuing marriage licenses altogether.

Gay and straight couples, now unable to marry, sued Davis with the help of the American Civil Liberties Union. The result was a federal judge ordering Davis to issue the licenses, but she still refused.

And so it was that the judge found her in contempt of court, and she was jailed for five days making her the darling of the anti-LGBT crowd.

The eventual solution was the Kentucky legislature changing state law that required county clerks names on marriage licenses. The gay and straight couples were issued marriage licenses, and the lawsuit against Davis was dismissed in that the issue had been resolved.

Davis went on to write a book, campaigned for a failed same-sex marriage ban in Romania, and then, this past November was voted out of office.

But this sad tale isn’t quite done, yet. There is, as they say, the issue of the bill.

In 2017, a district judge ruled that the state of Kentucky had to pay the $222,000 legal costs of the gay and straight couples who had brought the lawsuit against Davis.

According to the Associated Press, lawyers for now-Governor Matt Bevin say state taxpayers “should not have to collectively bear the financial responsibility for Davis’ intransigence.”

“Only Davis refused to comply with the law as was her obligation and as required by the oath of office she took,” Bevin attorney Palmer G. Vance II wrote in a brief filed with the court.

“Her local policy stood in direct conflict with her statutory obligation to issue marriage licenses to qualified Kentucky couples,” continued Vance in the brief. “Davis had an independent and sworn duty to uphold the law as an elected county officer.”

For clarity, both Bevins and Davis believe that the court should not award legal fees saying the gay and straight couples didn’t technically ‘win’ the lawsuit since it was dismissed after the legislative action.

Steve Pitt, an in-house lawyer for the governor, says Bevins “continues to support Ms. Davis’s actions,” but if legal fees are to be awarded, “the taxpayers of Kentucky are not responsible to pay the ACLU’s attorney fees.”

Davis’s lawyer, Mat Staver of the virulently anti-LGBT organization Liberty Counsel, which has been labeled an ‘extremist group’ by the Southern Poverty Law Center, argues that Davis was acting on behalf of the state.

Since Bevins appealed the initial ruling regarding court costs, the two sides will face off Thursday at the U.S. 6th Circuit Court of Appeals in Cincinnati where a three-judge panel will hear arguments on who should pay the legal fees.

News Round-Up: January 30, 2019

• InstaHunk Matthew Camp (above) is giving you 'polar vortex/winter tones' on this Hump Day.
Matthew Camp (via Instagram)

Some news items you might have missed:

• InstaHunk Matthew Camp (above) is giving you ‘polar vortex/winter tones’ on this Hump Day.

• Inspired by the unofficial Gay Days events at Disneyland and Disney World in the US, Disneyland Paris will host its first official Pride event, titled Magical Pride, on June 1.

• Lawyers for Kentucky GOP Gov. Matt Bevin say that former Rowan County Clerk Kim Davis must pay the $225,000 in legal fees owed to the gay couples who sued her for refusing to issue marriage licenses.

Kim Davis

• White House press secretary Sarah Sanders said in an interview with the Christian Broadcasting Network today that she believes God wanted Donald Trump to become president.

• Four middle school kids in North Carolina face felony charges after plans were discovered to attempt a ‘Columbine-style’ attack on fellow students and a teacher.

• I got the most delightful surprise when the fabulous Leslie Ellis called me up just to say ‘hi’ last night.

She and her uber-talented hubby, Casey Kelly, had watched the RENT Live event on Sunday night and it reminded her of her own Broadway days (we did the national company of CATS together in the 80s when she stopped the show every night with her performance of “Memory”).

Long story short: old-friends, chatting, laughs, sharing, long call – it was great 🙂

In any case, it made me long to her her gorgeous voice, so I’m sharing this with you, one of my favorite recordings of hers, “We Came Close.”

Click here for more info about the talented duo.

Anti-Gay Kentucky County Clerk Kim Davis Loses Reelection

Kim Davis, who became famous for refusing to issue marriage licenses to a gay couple after the U.S. Supreme Court declared marriage equality the law of the land, has lost her bid for reelection.

Kim Davis, who became famous for refusing to issue marriage licenses to a gay couple after the U.S. Supreme Court declared marriage equality the law of the land, has lost her bid for reelection.

The four-time married adulteress couldn’t pull out another election. Awwww… oh well.

Ding dong the witch is dead!

News Round-Up: October 24, 2018

Some news items you might have missed:

• The above pic was sent to me over the weekend. I just enjoy the view… #woof

The New York Times reports it’s very possible China may be listening in on the Donald’s personal calls as his iPhone is not a ‘secure’ method of communication.

• The Justice Department today told the U.S. Supreme Court that businesses can discriminate against transgender workers based on their gender identity without violating federal law.

• Republican nominee for Georgia governor, and current Secretary of State, Brian Kemp was caught telling supporters at a paid campaign event that his Democratic opponent Stacey Abrams’ voter turnout operation “continues to concern us, especially if everybody uses and exercises their right to vote,” according to audio obtained by Rolling Stone.

• At a candidate forum in Kentucky this week, anti-LGBT County Clerk Kim Davis told voters (with a straight face) that she “did not treat anyone unfairly” when she chose to deny same-sex couples marriage licenses after the Supreme Court made marriage equality the law of the land. #liar

• 20-year-old Swedish singer and songwriter Zara Larsson drops her first new single, “Ruin My Life,” since her 2017 debut album, So Good.

The award-winning multi-platinum pop artist holds the distinction of being “the second most-streamed debut on Spotify by a female artist ever,” eclipsing 5 billion streams.

I’ve previously written about Zara and her gorgeous 2017 collaboration with Clean Bandit, “Symphony.” Check the new single out below.

News Round-Up: September 4, 2018

Some news items you might have missed:

• How about some ‘Transformation Tuesday?’ I’ve featured InstaHunk and paleontologist Francesc Gascó many times on The Randy Report. But check out his before/after pic above. Francesc notes, “The biggest change is on the inside.”

• A new documentary, American Circumcision, looks at the effects of circumcision and a movement to end the practice in the United States.

• Donald Trump’s lawyer, Rudy Giuliani, says the Trumpster will try to block the release of Special Counsel Robert Mueller’s final report. Because that’s what innocent people do? #AbuseOfPower

• The Vatican has now admitted representatives lied about whether the Pope knew who Kentucky County Clerk Kim Davis was when he met with her in private in 2015.

• Scientists now say no amount of alcohol may be safe to drink. #RuhRoh

• Eminem released his new album last Friday and already there’s scandal surrounding it as the rapper chooses to use the word “faggot.” LGBTQ ally and Imagine Dragons front man Dan Reynolds was not having it:

News Round-Up: May 23, 2018

Blake McGrath

Some news items you might have missed:

• Canadian dancer and choreographer Blake McGrath looking chill in Miami Beach (above). Check out his Instagram for videos of his ah-mahz-ing choreography.

• Netflix’s series 13 Reasons Why has come under fire for a controversial, graphic male rape scene.

• A Boy Scout and his dad were kicked out of a hardware store because the store employee doesn’t “support homos.”

• One of the gay men Kentucky County Clerk Kim Davis refused to issue a marriage license to in 2015, David Ermold, lost his bid to challenge Davis for her office.

• A federal judge in Virginia has sided with transgender student Gavin Grimm over the rights of trans students to use the bathroom that aligns with their gender identity.

• The NFL has announced a new policy that will fine teams an undetermined amount if players on the field fail to stand during the national anthem played before the start of the game. Players who wish to protest will be allowed to remain in the locker room.

• Check out Jess Glynne’s new single, “I’ll Be There.” Glynne is the first-ever British female to earn six #1 UK singles. I’ve previously featured her collaboration “Real Love” with Clean Bandit on The Randy Report. Hit play below.

News Round-Up: March 1, 2018

Some news items you might have missed:

• Awesome illustrator Silverjow (above) reminds us that this is the lunar year of the dog! Make sure you check out his totally woofilicious art on Instagram.

• Washington state will be next to ban so-called “conversion therapy.”

• Donald Trump says we need more teachers with guns in schools. And then yesterday, an actual teacher with an actual gun went nuts at a North Georgia high school. I guess that answers the question, “What could possibly go wrong?”

• Four-time married Kentucky County Clerk Kim Davis has laughably penned a book about her “courage” to stand up for “traditional marriage.” You’ll recall she refused to issue marriage licenses to same-sex couples due to her “deeply held religious beliefs” about marriage. #SanctityOfMarriageMyAss #ROTFL

• Out Olympian Adam Rippon has been invited to the Oscars!

• Actor Lee Pace, who plays “Joe Pitt” in the Broadway revival of Angels In America, kinda-sorta comes out in an interview with W Magazine.

•  A new Suffolk University/USA Today poll shows 47% of Americans would vote for a Democrat today versus 32% who would vote Republican. This is the third recent poll to show Dems with double-digit lead in upcoming 2018 mid-terms.

• Donald Trump’s proposed budget cuts $6.8 billion from the US Housing department budget. But they’ve still got enough scratch hanging around to buy HUD Secretary Ben Carson a $31,000 dining table for his office.

• The new “Fab 5” from Netflix’s Queer Eye offer their advice on how to throw a – what else? – FAB Oscar party.

The cast of Queer Eye