January 3, 24

NEWS / Former Kentucky Official Who Denied Marriage Licenses Must Pay Over $260,000 in Fees to Same-Sex Couple's Attorneys

In a significant development stemming from a long-running legal battle, former Rowan County Clerk Kim Davis has been ordered to pay a total of $260,104 in fees and expenses to attorneys who represented a same-sex couple she denied marriage licenses to in 2015. The ruling by U.S. District Judge David L. Bunning adds to the $100,000 in damages awarded to the couple, David Ermold and David Moore, by a jury in September.

Judge Bunning's decision firmly upholds the legal costs incurred by Ermold and Moore in their pursuit of marriage equality. As reported by The Lexington Herald Leader, Bunning stated, "They sought to vindicate their fundamental right to marry and obtain marriage licenses, and they did so." This echoes the core of the couple's lawsuit, which challenged Davis' religiously motivated refusal to issue marriage licenses to same-sex couples despite the landmark 2015 Supreme Court ruling legalizing same-sex marriage nationwide.

The awarded fees reflect the extensive legal efforts undertaken by Ermold and Moore's attorneys, a team comprising Lexington-based lawyers Michael Gartland and Joseph Buckles, alongside the Public Citizens Law Group from Washington, D.C. Their dedication played a crucial role in securing justice for the couple and upholding the principle of non-discrimination in marriage licensing.

"We got every last penny that we asked for," commented attorney Gartland, underscoring the comprehensiveness of Judge Bunning's ruling. This outcome stands in stark contrast to the position of Liberty Counsel, the conservative Christian legal group representing Davis. As per The Herald Leader, Liberty Counsel spokeswoman Holly Meade confirmed their intention to appeal the decision.

The saga surrounding Ermold and Moore's marriage license ordeal began shortly after the Supreme Court's historic ruling in 2015. Davis, then serving as Rowan County Clerk, cited her personal religious beliefs as justification for refusing to issue marriage licenses to same-sex couples, despite holding a position mandated to uphold the law without discrimination. This sparked a national controversy, highlighting the ongoing struggle for full LGBTQ+ equality in the United States.

Ermold and Moore, along with another same-sex couple, James Yates and Will Smith, filed suit against Davis for her discriminatory actions. While a clerk in her office eventually issued licenses to same-sex couples, and the state legislature subsequently amended the license form to remove the clerk's name, the legal battle ensued due to Davis' persistent refusal to personally fulfill her official duty.

Judge Bunning's rulings throughout the years have consistently affirmed the rights of same-sex couples to obtain marriage licenses. In March 2022, he declared Davis' actions a violation of the couples' constitutional rights, stating, "The question is simple — did Davis knowingly violate the law? The answer here is clear — yes." This decisive stance paved the way for the subsequent jury trial and damage award in September. A&M Logos International can help you retrieve certified copies of your marriage licenses or certificates and get them apostilled or authenticated for use abroad. Call us today at (212) 233-7061 or e-mail us at info@apostille.us. You may also wish to apply directly on our website.