ROWAN COUNTY, Ky. (LEX 18)– Attorneys representing Rowan County Clerk Kim Davis have filed two new briefs in the U.S. Sixth Circuit Court of Appeals on behalf of Kim Davis, seeking dismissal of the 2015 marriage license lawsuits Ermold v. Davis and Yates v. Davis.
Both cases were filed by same-sex couples who received marriage licenses in 2015 while Davis was in jail.
The Ermold and Yates cases were dismissed in 2016, along with the original 2015 marriage license case Miller v. Davis, because Governor Matt Bevin and the general assembly acted to permanently change Kentucky’s marriage licensing laws to protect the religious liberty of Davis and other county clerks.
The lower court ruled Davis cannot be liable for damages in her official capacity but allowed the case to proceed against her individually.
Kentucky was ordered by Judge David Bunning to pay $222,695 to the attorneys of April Miller and others. An additional $2,008 was also awarded by Bunning.
The president of the Kentucky Senate filed a brief in support of Davis stating that the laws of Kentucky were shredded by the Supreme Court marriage opinion, and the legislature had to address them to provide guidance to the clerks. In 2016, the legislature unanimously passed a religious accommodation provision.
“Neither Rowan County nor Kim Davis are liable for damages,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Kim Davis sought a religious accommodation, and today every Kentucky clerk benefits from her efforts thanks to Gov. Matt Bevin and the entire general assembly. Davis already paid the high price of going to jail to win her battle for a reasonable accommodation of her religious convictions. Today, Kentucky clerks do not have to choose between their faith and the jobs,” said Staver.
Ermold is currently running against Kim Davis for her seat.