A moot point?
Kim Davis, the Kentucky county clerk who spent five days in jail in 2015 for refusing to put her name on same-sex marriage licenses, will not have to pay attorneys fees in the lawsuit resulting from her actions. A federal judge ruled July 21 the state of Kentucky must pick up the $222,695 tab.
Grateful that his client, Davis, and the county are not liable for fees, Liberty Counsel attorney Mat Staver said he would appeal U.S. District Judge David Bunning’s ruling that the state must pay the fees. Bunning ruled Davis acted on behalf of the state, not herself or the county, when she refused to issue marriage licenses, making the state liable for damages. But Staver argues no fees are due because the case became moot when newly elected Gov. Matt Bevin signed legislation removing county clerks’ names from marriage licenses. With no winning party, there is no payment of attorney fees, Staver said. —B.P.