Ex-Kentucky official Kim Davis, who denied same-sex marriage licenses, owes over $360,000 after new ruling

The former Kentucky county clerk who in 2015 declined to issue marriage licenses to same-sex couples must pay $260,000 in fees and expenses to the couple’s attorneys in addition to the $100,000 in damages awarded by a jury last year, a federal judge ruled.

Kim Davis, ex-clerk of Rowan County in northeastern Kentucky, became a national figure in 2015 when she defied the US Supreme Court ruling that legalized same-sex marriage. Davis refused to sign marriage licenses to same-sex couples, citing her religious beliefs. At the time, US District Judge David Bunning found her in contempt of court and ordered her to jail, and she spent five days behind bars.

David Ermold and David Moore sued Davis after being denied marriage licenses multiple times by her or her office. In 2022, Bunning ruled Davis violated their constitutional rights, and in September 2023 a jury awarded the couple $100,000 in damages.

Last week, Bunning ruled in favor of the couple on the question of whether Davis should pay attorneys’ fees.

“Having obtained summary judgment on liability and a jury award of damages, Plaintiffs are unquestionably the ‘prevailing party’ and are entitled to an award of attorneys’ fees and expenses,” Bunning, who was nominated to the court by former President George W. Bush, wrote in his order.

Attorneys for Davis had argued that the plaintiffs’ attorneys billed hours were excessive, but Bunning ruled “the hours expended, and the rates charged to be reasonable.”

Davis was represented by lawyers with Liberty Counsel, a nonprofit that says it “advances religious liberty, the sanctity of human life, and the family through litigation.”

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

Joseph D. Buckles, an attorney for Ermold and Moore, issued a statement praising the decision. “Our clients are pleased with the result. They continue to be appreciative of their community and have a renewed faith in the justice system,” Buckles said.

Davis lost her reelection bid for county clerk in 2018.

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