Judge who jailed KY clerk orders her to pay $260K to gay couple she denied a marriage license

Kim Davis, the former Kentucky clerk who refused to grant a gay couple a marriage, has been ordered to pay the now-married men’s legal fees.

The same judge that put David in jail for 5 days in 2015, which seems like a lifetime ago given the gains made by social justice warriors in the last eight years, ordered Davis to pay $260,000 to the attorneys representing David Ermold and David Moore, according to the Lexington Herald-Leader.

The judgment is in addition to $100,000 in damages a jury said Davis should pay the couple who won a lawsuit against her.

US District Judge David Bunning rejected the argument put forth by Davis’ attorneys that the fee request by the couple’s lawyers was excessive, the Herald-Leader reported.

“They sought to vindicate their fundamental right to marry and obtain marriage licenses and they did so,” Bunning said of Ermold and Moore.

Davis was the Rowan County clerk when the Supreme Court legalized same-sex marriage across the country but she refused to issue the men a marriage license when they showed up, basing her decision on her religious beliefs.

In March 2022, Bunning ruled that Davis had violated their rights and said her religious belief did not justify denying licenses to gay couples, according to the newspaper.

“The question is simple — did Davis knowingly violate the law? The answer here is clear — yes,” Bunning wrote at the time. “Ultimately, this Court’s determination is simple — Davis cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official.”

Davis is represented by the religious liberty organization Liberty Counsel, which is planning to appeal the $260,000 judgment.

“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. If the motion is denied, Liberty Counsel will then appeal the case to the Sixth Circuit Court of Appeals,” the organization said in a statement.

Liberty Counsel Founder and Chairman Mat Staver said, “This case is far from over. Because of Kim Davis, every clerk in Kentucky now has the freedom to serve as an elected official without compromising their religious convictions and conscience. This case has the potential to extend the same religious freedom protections beyond Kentucky and to overturn Obergefell v. Hodges, which was wrongly decided and should be overturned.”

Tom Tillison

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