Kim Davis Attempts to Skirt $230,000 Legal Fees

The couples who sued Kim Davis are lobbying the Rowan County, Ky., clerk to pay their legal fees, amounting to over $230,000, but lawyers for Davis are attempting to block the request.

Liberty Counsel, the right-wing legal firm based in Florida, has been representing Davis since she was briefly jailed for contempt of court in September 2015 after shutting down all marriage license operations to avoid issuing same-sex couples marriage licenses. Davis's attorney, Roger K. Gannam, argued that because the case was resolved after the state of Kentucky opted to take clerks' names off marriage licenses, she shouldn't be forced to pay. The state legislature passed that law in April, codifying what Gov. Matt Bevin had done through executive order in December 2015, shortly after he took office.

Couples who sued disagree with that assessment, the Lexington Herald-Leader reports. They say it doesn't change the fact that Davis blocked their right to be wed and they had to sue to be able to exercise their legal rights.

The American Civil Liberties Union is leading the effort to recoup their expenses. "Courts recognize that when successful civil rights plaintiffs obtain a direct benefit from a court-ordered victory, such as in this case, they can be entitled to their legal expenses to deter future civil rights violations by government officials," said ACLU of Kentucky legal director William Sharp in a press release issued in September. "By filing today's motion, we hope to achieve that very objective -- to send a message to government officials that willful violations of individuals' rights will be costly."

The decision on this matter will go to U.S. District Judge David Bunning, the same judge who issued a contempt of court ruling against Davis last year. "Our form of government will not survive unless we, as a society, agree to respect the U.S. Supreme Court's decisions, regardless of our personal opinions," Bunning said at the time. "Davis is certainly free to disagree with the Court's opinion, as many Americans likely do, but that does not excuse her from complying with it. To hold otherwise would set a dangerous precedent."

No matter Bunning's verdict, Rowan County has already said that it would not foot her bill, claiming that Davis acted on her own behalf in refusing to issue licenses. "County clerks are not employees of the county," Jeffrey C. Mando, an attorney for the county, stated in a press release, "but instead are the holders of elective office pursuant to the Kentucky Constitution."