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Clerk who denied same-sex marriage licenses hit with $360,000 ruling

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MOREHEAD, KY - SEPTEMBER 14: Rowan County clerk Kim Davis gives a statement about her intentions on applying her signature to same sex marriage licenses on her first day back to work, after being released from jail last week, at the Rowan County Courthouse September 14, 2015 in Morehead, Kentucky. Davis was jailed for disobeying a judges order for denying marriage licenses to gay couples on the basis of her religious faith. (Photo by Ty Wright/Getty Images)




By Chris Boyette | CNN

The former Kentucky county clerk who in 2015 declined to issue marriage licenses to same-sex couples must pay $260,000 in fees and expenses to the couple’s attorneys in addition to the $100,000 in damages awarded by a jury last year, a federal judge ruled.

Kim Davis, exclerk of Rowan County in northeastern Kentucky, became a national figure in 2015 when she defied the US Supreme Court ruling that legalized same-sex marriage. Davis refused to sign marriage licenses to same-sex couples, citing her religious beliefs. At the time, US District Judge David Bunning found her in contempt of court and ordered her to jail, and she spent five days behind bars.

David Ermold and David Moore sued Davis after being denied marriage licenses multiple times by her or her office. In 2022, Bunning ruled Davis violated their constitutional rights, and in September 2023 a jury awarded the couple $100,000 in damages.

Last week, Bunning ruled in favor of the couple on the question of whether Davis should pay attorneys’ fees.

“Having obtained summary judgment on liability and a jury award of damages, Plaintiffs are unquestionably the ‘prevailing party’ and are entitled to an award of attorneys’ fees and expenses,” Bunning, who was nominated to the court by former President George W. Bush, wrote in his order.

Attorneys for Davis had argued that the plaintiffs’ attorneys billed hours were excessive, but Bunning ruled “the hours expended, and the rates charged to be reasonable.”

Davis was represented by lawyers with Liberty Counsel, a nonprofit that says it “advances religious liberty, the sanctity of human life, and the family through litigation.”

“This latest judgment now allows Liberty Counsel to ask the Court to reverse the jury’s verdict against Davis because there was insufficient evidence to award the plaintiffs monetary damages,” the organization said in a statement. “If the motion is denied, Liberty Counsel will then appeal the case to the Sixth Circuit Court of Appeals.”

Davis lost her reelection bid for county clerk in 2018.


Originally published at Cnn.Com Wire Service

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