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National News Highlights – March 25, 2022

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Kim Davis – Photo courtesy of Brendan McDermaid / Reuters
Kim Davis – Photo courtesy of Brendan McDermaid / Reuters

Kentucky: County clerk open to damages suit
Reuters reported on March 21 that a US judge has ruled that a former Rowan County Clerk Kim Davis knowingly violated the rights of same-sex couples by denying them marriage licenses in 2015, meaning a jury trial for a suit by two couples seeking damages is a strong possibility.

The two couples had tried to marry after the landmark Obergefell v. Hodges Supreme Court case, and sued the same year, when Davis refused to issue marriage licenses. Davis flouted a letter from the governor and legal opinion from an attorney, both advising that she had a legal requirement to issue the licenses.

Liberty Counsel, a Christian organization representing Davis, said it will continue to argue against Davis paying damages, on grounds of religious exemptions granted by the state legislature and former Gov. Matt Bevin.

Texas: State investigation blocked again
Reuters reported on March 21 that the Texas Third Court of Appeals will continue to block the state from investigating parents who seek gender-affirming care for their children, as part of a suit filed by the American Civil Liberties Union and Lambda Legal on behalf of a 16-year-old Trans girl, her family, and her therapist.

This broader injunction follows one limited to the family and their psychologist. Judge Amy Clark Meachum ruled that the plaintiffs suffered "deprivation of their constitutional rights, the potential loss of necessary medical care, and the stigma attached to being the subject of an unfounded child abuse investigation."

Based on a nonbinding legal opinion issued by Texas Atty. Gen. Paxton, Meachum also held that Gov. Greg Abbott exceeded his authority. The state has since appealed Meachum's order.