Mar 6, 2017
Rowan County Clerk Kim Davis received another victory today when U. S. Magistrate Judge Edward Atkins entered an order in Miller v. Davis, denying the plaintiffs’ demand that Davis pay the ACLU $231,000 in attorney’s fees. Davis previously won her fight for religious freedom when District Judge David Bunning issued an order dismissing Miller and two other 2015 marriage license lawsuits, Ermold v. Davis and Yates v. Davis, bringing to an end the trial proceedings against Davis arising from the 2015 Obergefell decision. In the new ruling, the court holds, “the plaintiffs are not ‘prevailing parties’ . . . and are therefore not entitled to an award of attorneys’ fees.”
Davis, represented by Liberty Counsel, spent six days in jail in 2015 for refusing to issue marriage licenses. Davis would not issue the licenses under her name and authority as it was a violation of her conscience. As a result, Kentucky Governor Matt Bevin signed an executive order creating a new marriage license form which does not require a county clerk’s name and title, and the Kentucky General Assembly unanimously made Governor Bevin’s protections permanent for Davis and her fellow county clerks.