• US county clerk Kim Davis (AAP)Source: AAP
A federal court just ruled that same-sex couples can now legally sue Kim Davis for damages
Michaela Morgan

3 May 2017 - 3:59 PM  UPDATED 3 May 2017 - 3:59 PM

The Kentucky court clerk who rose to international prominence in 2015 for refusing grant marriage licences to gay couples can now be legally sued, Pink News reports.

The federal 6th Circuit Court of Appeals ruled on Tuesday that David Ermold and David Moore could now seek damages from Kim Davis after she refused to sign the couple’s marriage licence—overruling a finding made by a lower court last year.

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"The district court's characterisation of this case as simply contesting the 'no marriage licences' policy is inaccurate because Ermold and Moore did not seek an injunction-they sought only damages," Circuit Judge Karen Nelson Moore wrote.

"The record does not support an argument that (their) damages claims are insubstantial or otherwise foreclosed."

Mat Staver, founder of the Christian advocacy group, Liberty Counsel and Davis’ lawyer said he was still “confident we will prevail".

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"The ruling keeps the case alive for a little while but it is not a victory for the plaintiffs,” Staver said.

Michael Gartland, representing Ermold and Moore, said the ruling was a “no brainer”.

"Do I think it's a million dollar case? Probably not," Gartland said.

"The next step will be to go to discovery and go to trial, where I am confident we will obtain a judgment against Davis."