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Kentucky must pay $225,000 legal bill from Kim Davis case, appeals court says

John Cheves, Lexington Herald-Leader on

Published in News & Features

LEXINGTON, Ky. -- The state of Kentucky must pay nearly $225,000 in legal fees and court costs incurred by couples who sued then-Rowan County Clerk Kim Davis in 2015 because she refused to issue marriage licenses due to her religious opposition to same-sex marriage, a federal appeals court ruled Friday.

The U.S. 6th Circuit Court of Appeals in Cincinnati upheld a federal district judge who earlier ordered the state to pick up the tab. It ruled that the couples were the prevailing parties in their lawsuit against Davis and that Kentucky's state government regulates the administration of marriage licenses and therefore was responsible for her conduct.

"They prevailed against her in her capacity as a state official, not a county one," U.S. Circuit Judge Richard Allen Griffin wrote for a three-judge panel. "Because Davis acted on Kentucky's behalf when issuing and refusing to issue marriage licenses, the district court correctly imposed liability for the award on the commonwealth."

Although Republican Gov. Matt Bevin has sided with Davis publicly, his lawyers in court unsuccessfully asked the 6th Circuit to hold the state blameless, noting that Davis acted on her own as a locally elected official.

"Her local policy stood in direct conflict with her statutory obligation to issue marriage licenses to qualified Kentucky couples. The local policy also undermined the Commonwealth of Kentucky's interest in upholding the rule of law," Bevin attorney Palmer G. Vance II wrote in one brief.

At issue are the litigation expenses for eight people who sued Davis for refusing to grant them marriage licenses: April Miller, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs and Barry W. Spartman.

 

After the U.S. Supreme Court's 2015 same-sex marriage decision, Davis announced that she held religious objections to gay marriage and no longer would grant marriage licenses to anyone in Rowan County. Her protest became international news, turning her into a symbol of conservative resistance, especially when U.S. District Judge David Bunning jailed her for several days for contempt of court.

Ultimately, Davis worked out a compromise with Bunning, allowing one of her deputies who had no objections to issue a modified marriage license to anyone who wanted it. Later, the state legislature removed county clerks' names from Kentucky marriage licenses.

Davis lost her reelection bid as clerk last November.

The couples celebrated their win Friday, their attorneys said.

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