From USA Today:
"Governor who praised Kim Davis in gay marriage protest wants her to pay state's legal fees"
Gov. Matt Bevin hailed former Rowan County Clerk Kim Davis for standing up for religious liberty when she refused to issue marriage licenses to same-sex couples. But now his lawyers say she should foot the bill for nearly $225,000 in legal fees incurred by couples who successfully sued her in 2015 for refusing to follow the U.S. Supreme Court’s ruling establishing a right to gay marriage. In a dispute over fees to be argued Thursday at the U.S. 6th Circuit Court of Appeals, Bevin’s outside counsel, Palmer G. Vance II, says Davis’ local policy "defied the unequivocal mandate issued by the Supreme Court." "The local policy also undermined the commonwealth of Kentucky’s interest in upholding the rule of law," Vance wrote in a brief. "As a result, the Commonwealth cannot bear liability for any attorneys’ fees related to challenges to the legality of this local policy." A federal district judge in 2017 held that the couples suing Davis for marriage licenses clearly prevailed and that the state of Kentucky must pay their fees and costs. Bevin appealed that ruling, seeking to shift the bill to the Rowan County Clerk’s Office. Davis acted alone, without any state support, the governor’s lawyers said. Bevin once called Davis "an inspiration ... to the children of America." In a statement, his general counsel, Steve Pitt, said Bevin doesn’t believe Davis acted unconstitutionally and continues to support her actions. Pitt said outside counsel, hired by former Democrat Gov. Steve Beshear's administration, have taken no position on whether she acted unconstitutionally. Still, Pitt said: "The federal court has held that she violated the plaintiffs’ constitutional rights and that the state must pay the ACLU legal fees incurred as a result. Our outside counsel have only argued, given the court’s ruling, that if constitutional rights were violated, the taxpayers of Kentucky are not responsible to pay the ACLU’s attorney fees." Davis’ lawyer, Roger Gannam, said in a brief that the state should bear the fees because "marriage licensing is a quintessentially and exclusively state-level function in Kentucky." In an email, Gannam said that the governor's office, as well as Davis and Rowan County, agree that the ACLU shouldn't be awarded any attorney fees; he said the disagreement is about who should have to pay them if the appeals court upholds the award. Davis individually is not on the hook for fees, he said. In the governor’s brief, filed in May, Vance said Davis had an "independent and sworn duty to uphold the law as an elected county officer. If fees are awarded, they must be the responsibility of the Rowan County Clerk’s Office, which should be deterred from engaging in conduct that violates civil rights – and leads to costly litigation." After the Supreme Court’s same-sex marriage decision, Davis said she held religious objections to gay marriage and no longer would grant the marriage licenses in Rowan County. Her protest became international news when U.S. District Judge David Bunning jailed her for several days for contempt of court. Ultimately, she agreed to a compromise allowing one of her deputies who had no objections to issuing a modified marriage license to anyone who wanted it. Later, the state legislature removed county clerks’ names from Kentucky marriage licenses. Davis was defeated in November, losing to challenger Elwood Caudill.
^ Both Bevin and Davis should pay the legal fees since they both lost (luckily.) Bevin publicly supported Davis for her actions. Davis tried to act as though she was doing it to preserve the sanctity of marriage (despite her being married 4 times to 3 different men.) Bevin should have forced Davis to follow Federal Law (which supersedes any State Law) and by not doing so he was allowing Davis to break that Federal Law and innocent Americans wanting a marriage license were illegally denied one. It is through actions like these bigoted people that basic civil rights have been and are being denied. They can have their own moral convictions in private, but if they hold a public office then they need to follow the law. I'm just glad that Davis is no longer in office. She did more harm than good. ^
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