Couples who sued county clerk Kim Davis last year in order to get their marriage licenses have asked U.S. District Court Judge David Bunning to award them $233,058 in legal fees and costs.

Following the Supreme Court’s ruling to legalize same-sex marriage, Davis made national headlines for refusing to issue marriage licenses to same-sex couples in Rowan County, Kentucky.

Her noncompliance forced several same-sex couples to sue her. The cases went all the way to the U.S. Supreme Court, and Davis lost every single step along the way. She additionally spent five days in jail on contempt charges. Her only win came from the Kentucky legislature’s decision in April to remove county clerks’ names from marriage licenses, which is what she wanted after citing religious objections to same-sex marriage.

In August, the judge dismissed the couples’ cases against her on grounds that the matter had been resolved by the action in the legislature. However, lawyers for the couples argued that Davis still refused to do her job as county clerk when she went against the Supreme Court’s ruling, forcing them to then sue her in order to obtain those licenses.

Davis’ legal team is requesting that the judge deny the couples’ requests for legal fees. According to the Lexington Herald-Leader, Roger K. Gannam of Liberty Counsel–the religious advocacy group that is representing Davis–filed  a response on behalf of Davis Monday. He wrote that since the couples that filed against Davis did not prevail in their cases, they have no grounds to make someone else pay their legal fees.

Similarly, Rowan County filed its own response that stated the county government should not be told to pay any of the fees because Davis was acting individually– in her public official capacity–and not on behalf of the county.

“County clerks are not employees of the county, but instead are the holders of elective office pursuant to the Kentucky Constitution,” wrote  Rowan County attorney Jeffrey C. Mando.

William Sharp, legal director of the Kentucky ACLU and one of the lawyers for the couple, said in a statement:

Courts recognize that when successful civil rights plaintiffs obtain a direct benefit from a court-ordered victory, such as in this case, they can be entitled to their legal expenses to deter future civil rights violations by government officials.

Additionally, if Davis and her legal team are forced to pay the bills, they won’t be able to use popular crowdfunding site GoFundMe, after it changed its policies to prevent fundraising for “campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts.”

Whatever Davis decides to do next, it will probably continue to stir up controversy that keeps her in the public’s eye.

Julia Bryant

Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

The post Kim Davis Wants to Avoid Paying Same-Sex Couples’ Legal Fees appeared first on Law Street.

Lawmakers in many states still seem to be having a hard time coping with the idea of not only same-sex marriage, but that same-sex couples should receive equal rights.

Kentucky, Alabama, and Georgia are not the only states to seemingly reject the principle of the SCOTUS decision last year, effectively legalizing same-sex marriage, but they are the three most recent examples. If we tried to actually discuss all of the different states’ provisions following the Supreme Court ruling, it would take hours to read this. According to the Human Rights Campaign, last year more than 100 anti-LGBT bills were filed in 29 states.

Kentucky and Georgia are two states that have recently passed religious liberty legislation through one or both of their houses. Kentucky’s bill, SB 180, passed through the senate with a 22-16 vote and is now awaiting its fate in the house. Georgia’s HB 757 passed through both the senate and the house and has been sent to the governor’s desk. The governor, Nathan Deal, has expressed that he will not sign the bill into law in its current form. Meanwhile Alabama is changing around marriage laws following the 2015 Obergefell decision.

Religious liberty laws prohibit the local or state government from infringing on businesses’ rights to deny services to people who violate their religious beliefs. Such legislation is usually written in a way that does not explicitly mention the LGBT community, but this aim is implied by the swift wave of new legislation following same-sex marriage’s effective nationwide legalization and recent cases of businesses refusing service to same-sex customers based on their religious beliefs.

Many cases about businesses and state officials refusing services to same-sex couples have been brought to court recently, including: in May 2014, a Colorado bakery that refused to make a wedding cake for a same-sex marriage citing religious beliefs, and the infamous Kim Davis of Rowan County, Kentucky, who was jailed for refusing to issue same-sex marriage licenses.

Kentucky

Kentucky’s recent legislation was created to enhance the state’s 2013 Religious Freedom Restoration Act. The new legislation clarifies that businesses cannot be punished in certain cases for violating pre-existing local ordinances that prohibit discrimination based on sexual orientation or gender identity.

The bill’s sponsor, Republican Albert Robinson of London, said the legislation is designed to protect everyone’s religious liberties…but critics worry it doesn’t extend to civil liberties.

Robinson spoke on the senate floor and said that businesses should have the freedom to refuse service if they are required to “use their skills to provide a customized service celebrating something that violated one of the tenets of their faith.”

But religious liberty legislation has a history of causing economic problems for the states that enact it. Last year following the passage of Indiana’s Religious Freedom Restoration Act, the state saw a loss of  a dozen conventions resulting in a $60 million loss in revenue, according to a document prepared by Visit Indy obtained by the Associated Press.

Georgia

In Georgia, where a similar bill has passed through both houses in the state legislature, the effects of its possible passage are causing some businesses to plan on relocation.

Telecommunications firm 373K, which was founded by Kelvin Williams and is located in Atlanta, is one of the outspoken businesses against the bill. Williams, who is gay, said he and his employees supported the decision to relocate to possibly Delaware or Nevada if the bill passes.

“For the past year we’ve been building a global carrier network. We have to start hiring more,” Williams said to CBS News. “I can’t always find the perfect person in Georgia. I might have to reach out across the world. Would I want to move to Georgia if someone else offered me a job after this? The answer was no.”

Alabama

Alabama is a bit of a different situation, but still relevant for the discussion of anti-LGBT proposals. Recently, the Alabama Senate passed a bill that would do away with marriage licenses and change to contracts that are filed with the state. Alabama (like many other states) was previously having the issue of some county probate judges who had stopped giving marriage licenses altogether in order to avoid giving them to same-sex couples.

Openly gay Representative Patricia Todd, who opposed the bill, deemed it unnecessary and said that the judges should just do their jobs, according to the Associated Press.

There is no way to tell how this will affect other aspects of the law, especially when it comes to divorce. If one aspect of the marriage system is altered in the eyes of the state, other things will likely need to change as well. For example, will divorce procedure need to be changed? How is that going to work? There is really no way to tell how this is going to change the system, all to alleviate the pain and burden on a few officials who refuse to do one of their explicitly stated jobs. If any of these bills are enacted into law, it will be interesting to see the outcome and the potential economic and social consequences that could arise.

Julia Bryant

Julia Bryant is an Editorial Senior Fellow at Law Street from Howard County, Maryland. She is a junior at the University of Maryland, College Park, pursuing a Bachelor’s degree in Journalism and Economics. You can contact Julia at JBryant@LawStreetMedia.com.

The post It’s 2016 and Some State Lawmakers are Still Trying to Fight LGBT Equality appeared first on Law Street.

Last week was all about the State of the Union and the massive Powerball jackpot. ICYMI, check out Law Street’s top stories of the week.

1. CDC: E-Cigarette Companies Targeting Teens Through Advertising

The Centers for Disease Control and Prevention (CDC) just conducted the annual National Youth Tobacco Survey and discovered that e-cigarettes are being heavily marketed to American teens. The study, which was released Tuesday, concluded that seven out of 10 middle and high school students are being reached by e-cigarette companies through advertising. The concepts and themes being used by the companies mirror those used in cigarette advertising in the past. Check out the full story here.

2 Anti-Gay Clerk Kim Davis to Attend President Obama’s Final SOTU

Do you guys remember Kim Davis? You know, the t-shirt layering Kentucky clerk who kicked off the Supreme Court’s landmark marriage equality ruling by illegally denying gay couples marriage licenses under “God’s authority?” Well if you thought her 15 minutes of fame were up, you’re wrong. Davis has reportedly been invited by a secret lawmaking admirer to attend President Obama’s final State of the Union tonight–and people are not happy about it. Read the full story here.

3. A Billion Dollar Powerball? It Depends On Your State

The Powerball lottery has worked the country’s ‘temporarily embarrassed millionaires‘ into a frenzy with an unprecedented jackpot that estimates put at around $1.5 billion. The next closest jackpot, from a Mega Millions lottery in 2013, lags behind at a measly$590 million. See the full story here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Do you guys remember Kim Davis? You know, the t-shirt layering Kentucky clerk who kicked off the Supreme Court’s landmark marriage equality ruling by illegally denying gay couples marriage licenses under “God’s authority?”

Well if you thought her 15 minutes of fame were up, you’re wrong. Davis has reportedly been invited by a secret lawmaking admirer to attend President Obama’s final State of the Union tonight–and people are not happy about it.

Davis’s attendance openly contrasts that of Jim Obergefell, the lead plaintiff in the landmark marriage equality case, who has also been invited along with Army Ranger Lisa Jaster and engineer (and immigrant) Oscar Vazquez to attend Obama’s speech. They, along with other guests, will help to commemorate Obama’s accomplishments over the past year, while he lays out his plans for his final year in office.

The identity of Davis’ mystery date is still unknown, but whoever they are is clearly making one big passive-aggressive gesture for GOP optics.  After the controversial clerk’s presence was confirmed, social media users began voicing their distaste for Davis online:

Kim Davis is attending Obama’s final State of the Union address. No word yet on if Mel Gibson’s invite got lost in the mail #SOTU @absrdNEWS

— Michael Blackman (@ParaComedian09) January 12, 2016

I hope they sit #KimDavis next to, in back of and in front of gay married couples at #SOTU. — Ripley in CT (@RipleyInCT) January 12, 2016

Kim Davis will be at the SOTU, because Republicans needed someone more unconstitutional than they are to balance out the crowd.

— Sarah Wood (@SarahWoodwriter) January 11, 2016

While we’re not quite sure how all of this will play out, it is likely to be some kind of spectacle. But hey, if Davis is looking for a post-speech night cap to calm the nerves she’s already got an invite to DC’s famed gay sports bar Nellie’s. I wonder if she’ll take him up on the offer: 

I’m taking Kim Davis to Nellie’s after the SOTU – anyone want to join???? — Andy Cohen (@Andy) January 12, 2016

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Anti-Gay Clerk Kim Davis to Attend President Obama’s Final SOTU appeared first on Law Street.

There has been quite a bit circulating in the news recently about a certain Kentucky clerk who refused to give marriage licenses to gay couples. The clerk in question, Kim Davis, ended up in jail for contempt of court and was released a few days later. She emerged from prison to a crowd of supporters and did a victory march to a song some of you may have heard of:

“Eye of the Tiger” is the most recognizable song written and performed by band Survivor, who, needless to say, was not happy.

I have not authorized the use of Eye of the Tiger for use by Kim Davis and my publisher will issue a C&D. This does not reflect my views.

— Jim Peterik (@jimpeterik) September 9, 2015

Peterik co-wrote the song, and after the band’s intention to serve a cease and desist order was publicly shared, a rumor began circulating that Davis would soon find herself sued for $1.2 million dollars.

But as much as we would all enjoy seeing this display of homophobia punished with such a hefty price tag, unfortunately, there is no evidence that it will happen.

The rumor seems to have spread from this article posted on NBC.com.co–a blog site with no actual affiliation to the National Broadcasting Company and a reputation for fake stories. Fake news tends to travel fast.

But, while it may have been untrue, it is just an exaggeration of Survivor’s outrage and legal intent. In a comment to CNN, Peterik said “I was gobsmacked. We were not asked about this at all. The first time we saw it was on national TV.”

Davis has not commented on the cease and desist order, but it looks like she will be “rising up to the challenge” of finding a new theme song.

The use of the motivational song “Eye of the Tiger” for Kim Davis’ purposes is disturbing for several reasons, not the least of which being that her actions are not inspirational. At all. And while we do enjoy freedom of religion in this country, what Davis did was not a reflection of that freedom. We are given the right to practice–or not practice–any religion. We are not, however, given the freedom to deny someone else’s rights, or to force our beliefs on other people. Especially when doing so would go against the commitment made to a job with the United States government.

The United States is a country that has a diverse mix of cultures, religions included. So, Kim Davis, while you may not agree with U.S. law, not everyone shares your viewpoints. If you cannot perform the job you agreed to perform, then quit. Problem solved.

Morgan McMurray

Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

The post No, Survivor Isn’t Suing Kim Davis–But They Aren’t Happy With Her appeared first on Law Street.

Did you miss the top stories last week at Law Street? Never fear, here they are now. The top story last week was about GoFundMe’s new policies that make it impossible for the now-infamous Kim Davis to set up a fundraiser. Story #2 revolved around a lawsuit against Jessica Alba’s Honest Company, and #3 was about a young man who was sentenced to years on the sex offender registry after he slept with an underage girl. ICYMI, check out the top stories of the week.

#1 No Kim Davis: We Won’t “Go Fund You”

Kim Davis, the clerk who has now gained national notoriety from her refusal to issue marriage licenses to anyone in Rowan County, Kentucky, is in quite a bit of trouble. After her refusal to do her job in the name of protesting the legalization of gay marriage, she was put in jail. But if Davis is looking for crowdsourced help to get her out of that trouble, and the possible fines she may face moving forward, she’s going to have some issues. One of the biggest crowd-funding sites–Go Fund Me–has updated its policies to make it impossible for her to set up a fundraiser. Read the full story here.

#2 Jessica Alba’s Honest Company Hit With Two $5 Million Lawsuits

In her own words she wanted to create “an honest company that’s transparent about their business practices, transparent about their ingredients that go inside, effective, safe.” And with $150 million in revenue last year and a valuation of $1.7 billion it seemed like the Fantastic Four actress’ business model for The Honest Company was poised for lasting success. So how then did a 30 SPF sunscreen trigger two $5 million class-action lawsuits that threaten to dismantle her growing natural product empire? Read the full story here.

#3 Young Man Sentenced to Years on the Sex Offender List May Get a Second Chance

Zach Anderson is the 19-year-old young man whose harsh sentence received national backlash after he had sex with a 14-year-old girl who told him she was 17. His sentence was just vacated by a judge, and a new sentence will be given. But while Anderson may now be getting a gentler sentence, his plight still says a lot about the state of the sex offender laws in our country. Read the full story here.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post ICYMI: Best of the Week appeared first on Law Street.

Kim Davis, the clerk who has now gained national notoriety from her refusal to issue marriage licenses to anyone in Rowan County, Kentucky, is in quite a bit of trouble. After her refusal to do her job in the name of protesting the legalization of gay marriage, she was put in jail. But if Davis is looking for crowdsourced help to get her out of that trouble, and the possible fines she may face moving forward, she’s going to have some issues. One of the biggest crowd-funding sites–Go Fund Me–has updated its policies to make it impossible for her to set up a fundraiser.

GoFundMe’s New Policy Prevents Conservatives From Raising Cash For Kim Davis http://t.co/KYWrwX2YgF pic.twitter.com/Obhk1d28dK

— Lnonblonde (@Lnonblonde) September 4, 2015

Go Fund Me has traditionally been a tool for good. Many use it to raise money for those suffering from a debilitating illness or for some other worthy cause. But many Go Fund Me campaigns have also led to plenty of controversy. For example, fellow Law Streeter Taelor Bentley recently wrote an article on how Dylann Roof’s sister attempted to use Go Fund Me to raise money for her dream wedding.

But, that probably won’t be the case for Davis. When another controversial Go Fund Me made the news–a couple whose bakery was fined $135,000 for refusing to bake a cake for a gay couple–Go Fund Me cancelled it. The company then updated its policies. According to its terms and conditions, Go Fund Me will not allow “campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts.”

Go Fund Me has been consistent with this policy. When supporters tried to raise money for the legal fees of the police officers charged in the death of Freddie Gray, a Go Fund Me spokeswoman elaborated on the policy to the Baltimore Sun, stating:

GoFundMe cannot be used to benefit those who are charged with serious violations of the law. The campaign clearly stated that the money raised would be used to assist the officers with their legal fees, which is a direct violation of GoFundMe’s terms. Specifically, ‘campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts’ are not permitted on GoFundMe.

So, Davis probably won’t be able to crowdsource her potential fines, as well as some most likely hefty legal fees, at least not by using Go Fund Me. That doesn’t mean she is without supporters. For example, there was a rally full of Davis supporters at the Carter County Detention Center earlier today. Republican presidential candidate Mike Huckabee is also holding a rally in support of Davis. But, you probably won’t be seeing any invitations to “fund” her pop up anytime soon.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post No Kim Davis: We Won’t “Go Fund You” appeared first on Law Street.

UPDATE: A federal judge sent Rowan County Clerk Kim Davis to jail after ruling that she was in contempt of court. Judge David L. Bunning said that Davis will remain in jail until she tells her staff to begin issuing marriage licenses again. Although the lawyers suing Davis asked the judge to use fines rather than jail to compel her to follow the court order, Judge Bunning ultimately decided that a fine would not be sufficient to do so. Judge Bunning also warned that allowing Davis to disobey the court order could create a “ripple effect” allowing other officials to refuse to follow orders on religious grounds.

“I pay your salary, I’m paying for you to discriminate against me right now. That’s what i’m paying for.”

That’s what an exasperated David Moore had to say to a Kentucky clerk, after she again refused to issue him and his partner David Ermold a marriage license Tuesday morning–this time in violation of a judge’s order.

Rowan County clerk Kim Davis’ emergency request to deny marriage licenses on the basis of her religious beliefs was rejected without comment Monday by the Supreme Court. Davis, who is an Apostolic Christian, has said that issuing marriage licenses to gay couples would be in violation of her conscious, and is what she calls a “heaven and hell decision.”

Davis stopped issuing marriage licenses all together in her county just days after the Supreme Court’s landmark marriage equality ruling determined gay couples had the legal right to wed. Her reason for denying all couples licenses was that she didn’t want to discriminate.

Shortly after, two gay couples and two straight couples sued her, arguing that as an elected official the government required her to issue licenses despite her religious beliefs. But even after a federal judge, an appeals court, and her governor ordered her to begin issuing licenses, Davis continued to deny eligible couples. Instead she retaliated, filing her own suit against Governor Steve Beshear [D] claiming that he violated her rights by instructing her to do her job.

At the court house Tuesday, when Davis repeatedly announced that her office would continue to forgo issuing all marriage licenses despite the Supreme Court’s ruling, Moore and Ermold asked “under whose authority?” “Under God’s authority,” she replied.

According to CNN, other clerks in the state have expressed concern over issuing same-sex couples marriage licenses, but Davis is the only one turning away eligible couples. However, in Alabama 13 of 67 counties have stopped issuing marriage licenses altogether.

Now for most people, repeatedly refusing to do your job would get you fired, but sadly Davis is somewhat protected as an elected official. The Kentucky state legislature could decide to impeach her, but they are currently not in session and many politicians in her conservative state share her sentiments. And yet despite the threat of hefty fines and even potential jail time she still refuses to resign.

The American Civil Liberties Union filed a motion in federal court to hold her in contempt of court for continuing to act in resistance to the Supreme Court’s ruling. Rather than seeking incarceration, the ACLU said that they have urged the court to impose financial penalties that are “sufficiently serious” to compel her immediate compliance. But if her track record is any indication of how she’ll act moving forward, there’s little that can be done to stop her agenda.

Some have asked why the couples being turned away by Davis don’t just go to another county to get a license. To that, April Miller, who was denied a marriage license with her partner Karen Roberts for a third time Tuesday in Rowan County said, “it would set a dangerous precedent to let it go.” She continued saying,

I respect her for standing up for what she believes in — I know that’s hard to do, because we’re doing that, too. I’m just sorry that she’s interjecting her personal beliefs above her government job duties.

Davis has been ordered to appear before a judge at 11 am on Thursday to determine if she is in fact in contempt of court. Till then, couples in Rowan County hoping to get hitched may have to put all plans for nuptials on hold.

Kevin Rizzo contributed to this story.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Update: Kentucky Clerk Still Refuses to Issue Same-Sex Marriage Licenses appeared first on Law Street.