Courthouse News Service reports:
A federal judge ruled Monday that Kentucky taxpayers are still on the hook for attorney fees for the couples who sued Kim Davis, a county clerk who refused to issue marriage licenses to same-sex couples after the historic U.S. Supreme Court decision legalizing gay marriage.
In July, U.S. District Judge David Bunning ordered Kentucky to pay $222,695 to the attorneys of April Miller and others, after they won a favorable judgment against Davis. Bunning also awarded an additional $2,008 in other costs. Gov. Matt Bevin and Terry Manuel, commissioner of the Kentucky Department for the Libraries and Archives, appealed the ruling, claiming the fees should be assessed against Davis and the Rowan County Clerk’s Office.
The governor and commissioner, who were third-party defendants in the case, argued that Davis did not represent Kentucky when she acted against the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges because her behavior was not directed or approved by any state official. Bunning once again found the argument unpersuasive, and rejected the appeal on Monday.
Earlier this month Davis traveled with the Liberty Counsel to Romania in support of the far-right campaign to place a ban on same-sex marriage into the federal constitution.