Federal Judge to ACLU Demanding Kim Davis Pay Its Legal Fees: Um, No, You Lost
Kim Davis, the Rowan County clerk who refused to issue marriage licenses after the Supreme Court’s Obergefell v. Hodgesdecision, will not have to pay the ACLU’s court fees, a federal judge ruled.
The ACLU sought the reimbursement of $231,000 in legal fees because "having to go through the expense of that litigation to secure a basic right that should not have been denied eligible couples in the first place — the ability to secure a marriage license and marry the person of their choosing,” the group argued.
But U.S. Magistrate Judge Edward Atkins denied the plaintiffs’ demand in Miller v. Davis because they did not win their case.
"The plaintiffs are not 'prevailing parties' . . . and are therefore not entitled to an award of attorneys' fees," Judge Atkins wrote.