Nearly eight years after a former county clerk denied marriage licenses to same-sex couples in Kentucky, she now has to pay up. USD 260,000 A federal judge has ruled that attorneys representing a couple in fees and costs.
The verdict, which circulated through the court system on Tuesday, differs from the jury’s previous decision Kim Davis The couple will have to pay USD 100,000 in damages, David Ermold And David Moore.
The judge’s decision is the latest result of a lawsuit that began in 2015 after the ruling. Supreme Court In it The Oberfell case in front of HodgesAccording to which same-sex couples have equal right to marry Heterosexual. The case took years to resolve, as Davis appealed several earlier decisions.
Davis’ lawyers argued that the district judge’s ruling should cut the plaintiffs’ attorneys’ fees by more than half. David L Bunning.
However, Bunning said the fees charged were reasonable, as the plaintiffs won after trying to uphold their fundamental right to marry and obtain marriage licenses.
“Where a plaintiff has obtained excellent results, his attorney should recover full compensatory fees,” Bunning wrote.
Joseph Bucklessaid one of the lawyers representing the couple The Washington Post He was pleased that the judge did not reduce the fee by a single cent, but added that the latest ruling was “bittersweet”.
“Everything came at a price for my customers,” he said. “Their lives were put under the microscope, every detail about them was taken to court. “They became celebrities for a cause they never chose,” he said.
Liberty CounselThe Religious Freedom Organization, which represents Davis, said Wednesday it will appeal the case, including damages and attorney fees.
“On appeal, we will not only ask that the jury’s verdict be set aside for lack of evidence supporting the damages claim, but we will also argue that Kim Davis is protected by The Religious Freedom Clause of the First Amendment“, said Matthew D. StaverFounder and President Liberty CounselIt is a statement.
“And we would argue that the 2015 case Obergefell v. Hodges should be overruled. Only two of the original five justices remain on the bench. Chief Justice John Roberts filed a strong dissent in the case with Thomas and Alito. Obergefell “It is on very thin ice and lacks any legal precedent or foundation.”
Davis was 49 years old and Rowan County’s chief clerk in June 2015, when Supreme Court Ruling that same-sex couples have a constitutional right to marry.
She apologized for issuing marriage licenses to same-sex couples because, as an evangelical Christian, same-sex marriage violates her religious beliefs, she previously reported. The Washington Post.
In July 2015, a video in which he refused to issue a marriage license Airmold
And Moore went viral, making her one of the most well-known officials across the country to dismiss the sentence Supreme Court.She became the center of national attention as some parts of the country hailed her as a hero for sticking to her principles, while others criticized her for not respecting the law.
She was jailed for five days in September 2015 for defying a court order to issue marriage licenses to same-sex couples.
“I’m paying your salary,” Moore is seen insisting in a September 2015 video at the Rowan County office, as he leans over Davis’ desk. “I’m paying you to discriminate against me right now, that’s what I’m paying you.”
“Do your job,” shouted someone from the audience. When the argument escalated, Davis went back to his office and closed the door. Davis also forbade licensing his employees, but eventually one of his assistants, Brian MasonStarted doing it anyway, as reported earlier The Washington Post.
Ermold, Moore and others sued Davis in 2015. From the beginning, Davis’ representation Liberty Counselwhich offers free legal aid to “promote religious freedom, the sanctity of human life and the family,” according to its website.
Davis issued a statement in 2015 explaining that his refusal to legalize same-sex marriage was a “heaven or hell decision.”
In March 2022, Bunning He ruled Kim Davis violated the rights of two couples and his religious beliefs did not justify his refusal to grant marriage licenses to same-sex couples.
In his ruling, the judge wrote that the case involved extensive discovery, multiple motions, four appeals in a long and tortuous litigation. United States Court of Appeals
A prior petition to the 6th Circuit Supreme Court and a three-day jury trial, to increase attorney fees for which the couple must be reimbursed.Buckles said he has no doubt Davis will appeal and that he has the right to do so. “Kim Davis completely violated her constitutional rights and then wrote a book about it,” he said. “And yet this case may go on.”
Buckles said his clients were fed up with years of litigation and while “they are pleased with the results and have restored faith in the justice system, even the latest ruling cannot erase the last 8 years of their lives.”
The Washington Post
Maham Javid is a general information reporter who joined The Washington Post in 2022. He was previously a reporter for the Live section of the New York Times.
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