Former Rowan County, Kentucky, Clerk Kim Davis violated two {couples}’ constitutional rights by refusing to offer them marriage licenses after the U.S. Supreme Court docket declared same-sex marriage authorized in 2015, a federal choose dominated Friday.
Whether or not she’ll must pay damages to these now-married {couples} nonetheless have to be decided by a jury, although.
Davis made worldwide information and briefly ended up in jail for contempt of court docket greater than six years in the past after she refused to offer same-sex {couples} marriage licenses in Jap Kentucky’s Rowan County regardless of the Supreme Court docket’s landmark Obergefell v. Hodges determination in June 2015.
In a ruling Friday, U.S. District Court docket Decide David Bunning mentioned the nation’s highest court docket decided marriage is a elementary proper below the Fourteenth Modification of the U.S. Structure and it’s “readily obvious that Davis made a aware determination to violate” the rights of David Ermold and David Moore and of James Yates and Will Smith.
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Bunning’s ruling mentioned Davis, whom voters ousted as county clerk in 2018, argued the federal court docket cannot impose sure civil legal responsibility on her as a result of it will violate her constitutional proper to the free train of faith.
“In the end, this Court docket’s dedication is easy — Davis can’t use her personal constitutional rights as a defend to violate the constitutional rights of others whereas performing her duties as an elected official,” wrote Bunning, of the U.S. District Court docket for the Jap District of Kentucky.
The {couples} on this litigation are in search of compensatory and punitive damages in addition to authorized charges that progressively mounted throughout this years-long court docket battle.
Bunning’s ruling mentioned the plaintiffs’ testimony “on the very least creates a real situation of fabric truth as as to whether they’re entitled to damages.” For instance, Ermold mentioned each time he thinks of his marriage, “I’ve to consider Kim Davis and the expertise, how we had been humiliated and handled like lower than human beings.”
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Yates, one other plaintiff, testified that damages would compensate for his and Smith’s “expertise with Davis, the ensuing publicity, and the threats that had been a results of their interactions with Davis.”
The query of whether or not damages ought to be awarded will probably be decided by a jury, per Bunning’s ruling, which mentioned: “It’s this Court docket’s opinion that Davis violated Plaintiffs’ constitutional proper to marry and the one remaining situation is the problem of damages.”
The Florida-based group Liberty Counsel is representing Davis in court docket and mentioned Friday it’s going to hold arguing she’s not responsible for damages.
“This case raises critical First Modification free train of faith claims and has a excessive potential of reaching the Supreme Court docket,” Liberty Counsel chairman Mat Staver mentioned in an announcement Friday.
President Trump had barely reacquainted himself with the Oval Office after his second inauguration when he began shredding the D.E.I. initiatives of the Biden administration, fulfilling a cause célèbre for conservatives that had helped power his political comeback.
On his second day back in power, Mr. Trump ordered that agency heads place those officials who had been responsible for overseeing diversity, equity and inclusion programs in the federal government on paid administrative leave and that their offices be shuttered.
Part of an executive action signed one day earlier, it was the first step in rolling back the D.E.I. policies that had been a hallmark of the administration of his Democratic predecessor, President Joseph R. Biden Jr.
This is how we got here:
What is D.E.I.?
D.E.I. stands for diversity, equity and inclusion. A page on the U.S. Department of Labor website, which was removed two days into the president’s new term, defined diversity as acknowledging all the ways that people differ. That can include race, sex, gender, age, sexual orientation, disability, socioeconomic status, religious beliefs and more.
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“Organizations that respect diversity can come up with new ideas, solve problems, grow and run more efficiently,” the deleted entry on D.E.I. read on the agency’s website, which later read, “Page not found.”
It’s not new
While the three-letter abbreviation has become a hot topic in recent years, the principle has been around for decades in both the public and the private sectors. It developed as a result of the Civil Rights Act of 1964, which prohibited employment discrimination based on race, color, religion, sex or national origin.
Beyond the federal government, private companies, universities and nonprofit groups have put D.E.I. principles into practice.
D.E.I. policies expanded in the wake of George Floyd’s murder
The 2020 murder of George Floyd, an unarmed Black man who was killed by police officers in Minneapolis, ushered in a national reckoning over racial discrimination that brought sweeping changes to many powerful institutions and a renewed emphasis on D.E.I. initiatives, including actions by the Biden administration. (Mr. Biden unveiled a “racial equity agenda” on his first day in office in January 2021.)
A nonprofit made up of several of the largest U.S. companies asked its members to pledge to hire and promote Black workers based on skills instead of college degrees. An increasing number of brands such as Chick-fil-A, Bud Light and Target — through policies and advertising campaigns — adopted a mantra of being more inclusive.
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For conservatives, three letters became a four-letter word
Having lost the presidency in 2020 to Democrats, who also controlled the House and Senate when Mr. Biden entered office, Republicans latched onto an emerging wedge issue, one that became a flashpoint in the 2024 election: D.E.I.
Those three letters became a staple of Mr. Trump’s campaign speeches, guaranteed to draw jeers from arenas full of his supporters in battleground states as he argued that the federal government and many companies had become “woke.” A 2023 ruling by the U.S. Supreme Court further emboldened conservatives by rejecting affirmative action at colleges and universities.
And when Mr. Biden was replaced as the Democratic presidential nominee in July by Vice President Kamala Harris, some of Mr. Trump’s allies in Congress disparagingly referred to her as a “D.E.I. hire.” In front of an audience of Black journalists in Chicago, Mr. Trump refused to disavow his supporters’ remarks and questioned Ms. Harris’s racial identity as a Black woman.
“She was Indian all the way, and then all of a sudden she made a turn and she became a Black person,” he said of Ms. Harris, whose mother was Indian American, whose father is Black and who has always embraced both her Black and South Asian identity.
What will Trump’s executive order change?
One day after Mr. Trump declared in his inaugural address that he would “end the government policy of trying to socially engineer race and gender into every aspect of public and private life,” his administration began purging D.E.I. staff members from federal agencies.
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Those agencies were ordered to take down any language or advertisements about their D.E.I. initiatives and to withdraw any pending documents or directives that would undermine the new orders. The Trump administration threatened federal employees with “adverse consequences” if they failed to report on colleagues who had defied orders to eradicate D.E.I. efforts from their agencies.
Mr. Trump urged the private sector to take similar steps and directed agencies to investigate compliance by corporations and foundations. Companies working as contractors or subcontractors for the federal government could also find themselves bound by the new rules.
Some companies have already started to retreat from D.E.I.
After Mr. Trump’s victory in the 2024 election, several prominent companies started rolling back their D.E.I. initiatives. Among them were Walmart, McDonald’s, Amazon and Meta.
Still, some corporations have forged ahead with their racial and gender equity programs, including Costco and Microsoft.
Erica L. Green, Zolan Kanno-Youngs, Nell Gallogly, Steve Lohr, Mike Isaac, Sheera Frenkel, Kate Conger and Jordyn Holman contributed reporting.
Your guide to what the 2024 US election means for Washington and the world
Robert F Kennedy Jr says he will keep his share of any windfall from litigation against pharmaceutical company Merck even if he becomes Donald Trump’s top US health official, ethics records show.
In an ethics agreement published on Wednesday, Kennedy said he would keep his share of potential winnings from the case brought by law firm Wisner Baum against Merck’s Gardasil vaccine, which prevents human papillomavirus, known as HPV.
“I am entitled to receive 10 per cent of fees awarded in contingency fee cases referred to the firm,” said Kennedy, a co-counsel at Wisner Baum, in a letter to the top ethics tsar at the US Department of Health and Human Services.
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Kennedy, a vaccine sceptic who Trump picked to be health secretary in November, said he was entitled to keep interests in cases that did not involve the US or in which the state did not have a “direct and substantial interest”.
The ethics records were published on Wednesday as Mike Crapo, the chair of the Senate finance committee, announced that Kennedy’s confirmation hearings would be held next Wednesday.
Kennedy, a scion of the famous Democratic political family, stressed that he was playing no direct role in the Merck case and pledged to avoid doing anything to sway the outcome if appointed as health and human services secretary.
The first in a series of cases alleging that young people were injured by Merck’s vaccine is being heard this week in a court in Los Angeles. Kennedy first got involved with the legal effort against Gardasil in 2018.
The former Democrat, who endorsed Trump last year after mounting his own independent run for the White House, also said he would resign from his consulting role at Wisner Baum.
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In separate financial records filed on Wednesday with the US Office of Government Ethics, Kennedy revealed $11.6mn in disclosed income over the past two years, including $8.8mn from his work as an environmental attorney at Kennedy & Madonna. He pledged to terminate his role at the firm.
Kennedy was also paid $856,559 by Wisner Baum over the same period, records show. He also held small stakes in biotechs Crispr Therapeutics and Dragonfly Therapeutics, according to the financial disclosures.
The disclosures highlight the controversy around Trump’s decision to pick a vocal vaccine sceptic and campaigner to oversee the US health department — including its 13 divisions and agencies, such as the Food and Drug Administration and National Institutes of Health, which have sweeping influence over medicine regulation in the US.
The delay in Kennedy’s congressional hearing, which was originally planned for this week, has been taken by some in his camp as a sign that he could struggle to win approval from the crucial health and finance committees, whose endorsement he will need before a full vote in the Senate.
Some senators have raised questions about his record on vaccines and abortion, among other issues.
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The litigation against Merck over Gardasil is among several high-profile anti-vaccine lawsuits Kennedy has been involved in. Gardasil is recommended as a routine jab for 11- and 12-year-olds by the federal Centers for Disease Control and Prevention, with 160mn having been distributed by the end of 2022, according to official statistics. Certain high-risk types of HPV can cause cervical cancer.
Kennedy did not respond to requests for comment. Merck said: “The plaintiff’s allegations have no merit, and we remain committed to vigorously defending against these claims.”
Within a half-hour of a fire igniting on an Eaton Canyon hillside in the afternoon of Jan. 7, thousands of residents’ phones buzzed in eastern Altadena with a warning from Los Angeles County: “BE AWARE.” Within 40 minutes, a dire alert: “LEAVE NOW.”
But neighborhoods in western Altadena did not see the same urgency, as evacuation orders didn’t arrive until early the following morning — more than nine hours after the Eaton Fire began.
By then, it was too late.
All 17 people who died in the wind-fueled fire were west of Lake Avenue, a major corridor that runs north-south through Altadena. They included an 83-year-old retired Lockheed Martin project manager, a 95-year-old who was an actress in old Black Hollywood, and a 67-year-old amputee who used a wheelchair and died with his adult son, who had cerebral palsy.
Fifteen of the deaths occurred in an area where the first evacuation order wasn’t sent until 3:25 a.m. on Jan. 8; the other two occurred in an area where the order came at 5:42 a.m., according to a review of the alerts as well as data compiled by the Los Angeles County Medical Examiner’s Office.
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The discrepancy between west and east Altadena is spurring questions among local officials and residents about the timing of the emergency alerts and whether earlier warnings might have saved lives.
“There was not a lot of time to do anything, but our notification system should have been going off long before they were,” Altadena Town Councilmember Connor Cipolla told NBC News on Wednesday. “It’s obvious by the destruction. It failed half our town.”
On Tuesday, two Los Angeles County supervisors introduced a motion calling for an independent review of the emergency notification systems.
While the county evaluates its response following any disaster, Los Angeles County Supervisor Kathryn Barger said Wednesday that she wants to accelerate an analysis for the wildfires that have killed more than two dozen people and destroyed over 15,000 structures across the region.
“I know that on the west side, the older part of Altadena, it’s far more concentrated, a lot of homes,” Barger told NBC Los Angeles. “We need to find out what happened, but I do know the fire was traveling fast.”
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She cautioned that additional notifications may not have saved lives, but said “the victims of this disaster deserve our transparency and accountability.”
Her motion, which will be voted on at the county supervisors’ meeting next Tuesday, followed a Los Angeles Times report on the delayed evacuation notices in the Eaton Fire.
In a statement, the county’s Coordinated Joint Information Center said it could not immediately comment on the factors that may have led to the deaths in the fires, and that a comprehensive review will “take months because it will require combing through and validating the call histories of the fire, interviewing first responders on the scene, interviewing incident commanders, and searching and reviewing our 911 records, among other essential steps, including obtaining feedback from all relevant sources. That work may also require a third-party entity to ensure integrity of the investigation.”
Electronic alerts are one method for warning residents, but the county added that it also uses door knocks, patrols with loudspeakers driving through neighborhoods and media coordination.
Jill Fogel said none of that happened in her part of west Altadena.
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She was hunkered down with her two young children and their father on Olive Avenue on Jan. 8 when she got a text after 3 a.m. from a nearby friend north of Altadena saying there were flames in her backyard. Fogel, 43, said she checked the Watch Duty app, which offers real-time updates taken from first responders radio broadcasts, but there were no warnings that her neighborhood might have to evacuate.
Then she looked outside her rental home and saw flames. A few minutes later, she got an alert ordering an evacuation, she said. She told her landlord and then her family scrambled into a car and left. As they made their way out of the neighborhood, joining a stream of cars, Fogel said she saw no firefighting vehicles or police cars and heard no sirens.
Fogel said she realized that the fire was moving very fast in the hours before the evacuation order. But she thinks authorities should have sent alerts much earlier.
“I thought it was strange that the flames were so close and we hadn’t gotten a warning,” Fogel said. “I thought they would have let us know a lot sooner.”
More than two weeks after it began, the Eaton Fire is 91% contained, fire officials said Wednesday. The cause remains under investigation.
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Investigators have focused on a high-voltage electrical tower in Eaton Canyon as the potential origin, as fierce Santa Ana winds approaching 100 mph drove the flames into Altadena and Pasadena.
The fire started at about 6:18 p.m. on Jan. 7. The first emergency alert was sent to Altadena residents east of Lake Avenue at about 6:48 p.m., according to the PBS Warning, Alert and Response Network, which tracks public alert system messages. A more urgent message to evacuate was sent to residents in parts of eastern Altadena closer to the fire at 7:26 p.m.
The Los Angeles County Office of Emergency Management described the scenario at the time as a “fast moving wildfire in your area.”
Joe Ten Eyck, a former chief at the California Department of Forestry and Fire Protection, said it can be difficult to get the timing of fire evacuation alerts right: Issue them too soon, and you risk mass panic, jammed roadways and more danger, but issue them too late, and you risk people getting stuck in burning neighborhoods.
Those decisions often must be made in an instant, Ten Eyck said, based on rapidly evolving conditions.
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Ten Eyck, who has visited the scenes of devastation wrought by the Eaton and Palisades fires, also cautioned against rushing to judgment in Los Angeles without knowing why some areas did not get evacuation orders earlier.
“I can certainly understand why everybody is upset,” said Ten Eyck, who now runs wildfire training programs for the International Association of Fire Fighters. “But there are a lot of factors involved in this.”
Those can include flames that were advancing extraordinarily fast under hurricane-force winds, limited nighttime visibility and damaged communications equipment, Ten Eyck said. He noted that authorities typically issue evacuations in areas closest to the front of a fire, but they may not immediately recognize when wind-driven embers are sparking catastrophic new fires.
Salomón Huerta, an Altadena artist, was at his studio while his wife, Ana, was at their home on the west side when the Eaton Fire erupted. She never got any alerts, he said, but by the time he returned home, he could see the fires in the distance, and the couple decided to evacuate around 9 p.m.
“It was bad already,” Huerta, 59, said.
He later learned a neighbor was killed. Dalyce Curry, 95, was dropped off at her home around midnight by her granddaughter who thought she would be safe. Her granddaughter, Dalyce Kelley, previously told NBC News that it was possible her grandmother didn’t receive emergency alerts and was unaware of the middle-of-the-night evacuation order.
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“Elderly people, they just don’t get into cellphones,” Kelley said. “Not her.”
Many of the victims of the Eaton Fire were elderly and likely unable to evacuate quickly, Cipolla, the town councilmember, added.
“In everyone’s defense, it was a rapidly moving fire and a very fluid situation,” he said. “But when you take into account 17 people lost their lives, a lot of them disabled and elderly, it feels like something failed.”