A former Kentucky county clerk, known for her refusal to issue marriage licenses to same-sex couples, is appealing a recent ruling that ordered her to pay thousands of dollars in attorney fees. The appeal, filed by attorneys representing Kim Davis in federal court, challenges the landmark Obergefell ruling of 2015, which legalized same-sex marriage nationwide.
Kim Davis gained national attention when she objected to issuing marriage licenses to same-sex couples on religious grounds, leading to her brief incarceration. A federal judge's decision in January mandated Davis to pay $260,000 in attorney fees to the legal representatives of a couple who sought a marriage license from her office.
The Liberty Counsel, a legal advocacy group, filed a brief on Monday urging the Sixth Circuit US Court of Appeals in Cincinnati to overturn the ruling against Davis. The group argues that Davis, as a public official, should have been granted a religious accommodation in her duties.
Davis's stance against issuing marriage licenses to same-sex couples sparked widespread protests and garnered support from opponents of gay marriage across the country. Despite her defiance, Davis, a Republican, lost her reelection bid in 2018.
Mat Staver, Founder and Chairman of the Liberty Counsel, emphasized that Davis deserves justice in this case, asserting that she should have been allowed a religious exemption from issuing marriage licenses. The appeal brief criticizes the 2015 Supreme Court decision legalizing same-sex marriage, labeling it a 'mistake' with 'disastrous results' for individuals like Davis.
In addition to the attorney fees, Davis has been ordered to pay $100,000 in damages to the couple who sued her. Following her release from jail in 2015, Davis's staff issued marriage licenses on her behalf without her name on the forms. Subsequently, Kentucky's state legislature passed a law removing county clerks' names from state marriage licenses.