Gay-Hating Kim Davis May Have To Pay $222K To Gay Couple's Legal Team

Former Kentucky county clerk Kim Davis

Back in 2015, then-candidate for Kentucky governor Matt Bevin was proud to announce he “absolutely supported” Kim Davis, the infamous county clerk who denied marriage licenses to same-sex couples.

Even though the U.S. Supreme Court had ruled that marriage equality had become the law of the land, Davis refused to issue the licenses citing her deeply-held religious beliefs.

It’s important to note that those ‘deeply-held religious beliefs’ about the sanctity of marriage didn’t stop her from marrying three different men four times, so, there’s that.

At the time, the state required the name of the county clerk to appear on each marriage license, and Davis saw that as tacit endorsement of same-sex marriage. Digging in her heels, she stopped issuing marriage licenses altogether.

Gay and straight couples, now unable to marry, sued Davis with the help of the American Civil Liberties Union. The result was a federal judge ordering Davis to issue the licenses, but she still refused.

And so it was that the judge found her in contempt of court, and she was jailed for five days making her the darling of the anti-LGBT crowd.

The eventual solution was the Kentucky legislature changing state law that required county clerks names on marriage licenses. The gay and straight couples were issued marriage licenses, and the lawsuit against Davis was dismissed in that the issue had been resolved.

Davis went on to write a book, campaigned for a failed same-sex marriage ban in Romania, and then, this past November was voted out of office.

But this sad tale isn’t quite done, yet. There is, as they say, the issue of the bill.

In 2017, a district judge ruled that the state of Kentucky had to pay the $222,000 legal costs of the gay and straight couples who had brought the lawsuit against Davis.

According to the Associated Press, lawyers for now-Governor Matt Bevin say state taxpayers "should not have to collectively bear the financial responsibility for Davis' intransigence."

"Only Davis refused to comply with the law as was her obligation and as required by the oath of office she took," Bevin attorney Palmer G. Vance II wrote in a brief filed with the court.

“Her local policy stood in direct conflict with her statutory obligation to issue marriage licenses to qualified Kentucky couples,” continued Vance in the brief. “Davis had an independent and sworn duty to uphold the law as an elected county officer.”

For clarity, both Bevins and Davis believe that the court should not award legal fees saying the gay and straight couples didn’t technically ‘win’ the lawsuit since it was dismissed after the legislative action.

Steve Pitt, an in-house lawyer for the governor, says Bevins “continues to support Ms. Davis’s actions,” but if legal fees are to be awarded, “the taxpayers of Kentucky are not responsible to pay the ACLU’s attorney fees.”

Davis’s lawyer, Mat Staver of the virulently anti-LGBT organization Liberty Counsel, which has been labeled an ‘extremist group’ by the Southern Poverty Law Center, argues that Davis was acting on behalf of the state.

Since Bevins appealed the initial ruling regarding court costs, the two sides will face off Thursday at the U.S. 6th Circuit Court of Appeals in Cincinnati where a three-judge panel will hear arguments on who should pay the legal fees.

News Round-Up: January 30, 2019

Matthew Camp (via Instagram)

Some news items you might have missed:

• InstaHunk Matthew Camp (above) is giving you 'polar vortex/winter tones' on this Hump Day.

• Inspired by the unofficial Gay Days events at Disneyland and Disney World in the US, Disneyland Paris will host its first official Pride event, titled Magical Pride, on June 1.

• Lawyers for Kentucky GOP Gov. Matt Bevin say that former Rowan County Clerk Kim Davis must pay the $225,000 in legal fees owed to the gay couples who sued her for refusing to issue marriage licenses.

Kim Davis

• White House press secretary Sarah Sanders said in an interview with the Christian Broadcasting Network today that she believes God wanted Donald Trump to become president.

• Four middle school kids in North Carolina face felony charges after plans were discovered to attempt a 'Columbine-style' attack on fellow students and a teacher.

• I got the most delightful surprise when the fabulous Leslie Ellis called me up just to say 'hi' last night.

She and her uber-talented hubby, Casey Kelly, had watched the RENT Live event on Sunday night and it reminded her of her own Broadway days (we did the national company of CATS together in the 80s when she stopped the show every night with her performance of "Memory").

Long story short: old-friends, chatting, laughs, sharing, long call - it was great :)

In any case, it made me long to her her gorgeous voice, so I'm sharing this with you, one of my favorite recordings of hers, "We Came Close."

Click here for more info about the talented duo.

Anti-Gay Kentucky County Clerk Kim Davis Loses Reelection

Kim Davis, who became famous for refusing to issue marriage licenses to a gay couple after the U.S. Supreme Court declared marriage equality the law of the land, has lost her bid for reelection.

The four-time married adulteress couldn't pull out another election. Awwww... oh well.

Ding dong the witch is dead!

TOTALS from the Kim Davis race in Rowan County:
Davis (R): 3566
Caudill (D): 4210@heraldleader @BGPolitics

— Will Wright (@HLWright) November 7, 2018

When you see Kim Davis officially lost. pic.twitter.com/Be64pPTxSx

— Chris Jackson (@ChrisCJackson) November 7, 2018

Kentucky: Former Judge & Trump Campaign Chair Sentenced To 20 Years On Sex Charges

Former Judge Tim Nolan, who was Donald Trump's campaign chair in Campbell County, has plead guilty to 21 counts of human trafficking, giving drugs and alcohol to minors and more.

According to court records, Nolan used drugs, threats of arrest and eviction to coerce women and girls under the age of 18 into sex acts.

In addition to 20 years in prison, Nolan is ordered to pay a $100,000 fine.

At his sentencing, he thanked his attorneys, the judge and a doctor who was involved in his case "who made me realize things."

Nolan isn't the first Trump campaign figure to go to prison over sex trafficking charges.

Last year, Oklahoma state Sen. Ralph Shortey, who served as Trump's campaign chair in his state, was convicted on child prostituion charges and sentenced to 10 years in prison.

JUST IN: Trump campaign chair in KY pleads guilty to sex trafficking of minors: 21 counts against 19 victims, to get 20 yrs in prison, “felony trafficking of a minor, felony inducing a minor to engage in sex, and a third count of giving alcohol to a minor”https://t.co/jlM9QpCzMS pic.twitter.com/1scCWud33F

— The Baxter Bean (@TheBaxterBean) February 9, 2018

former Trump campaign chair Tim Nolan has pleaded guilty and received 20 years in prison for human trafficking

Some of the incidents occurred in the summer of 2016 while Judge Nolan was serving as the chair of the Donald Trump campaign in Campbell County, KY. pic.twitter.com/6muv9GTSTW

— PoliticsVideoChannel (@politvidchannel) February 11, 2018

Kentucky: Judge Orders State To Pay Over $222K To Marriage Equality Attorneys

County Clerk Kim Davis

For a second time, a federal judge has ordered the state of Kentucky to pay over $222K to the attorneys who went to bat defending same-sex couples who were declined a marriage license by county clerk Kim Davis.

From CourtHouseNews.com:

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.

“The Commonwealth of Kentucky is liable for plaintiffs’ attorneys’ fees and costs because defendant Kim Davis acted on behalf of the Commonwealth when she refused to issue marriage licenses,” the judge wrote in his 14-page decision.

Congratulations, Kentucky! Kim Davis cost you over $222K in her misguided and illegal activism.

Federal Judge Rejects 'Free Speech' Defense In Lawsuit Alleging Trump Incited Violence Against Protesters

A federal judge in Kentucky has ruled a lawsuit against President Trump, brought by three protesters who were violently attacked at a Trump campaign rally, will go forward.

The judge said Trump's claim of free speech was rejected in the lawsuit that accuses Trump of inciting violence.

From U.S. News & World Report:

Trump's lawyers sought to dismiss the lawsuit by three protesters who say they were roughed up by his supporters at a March 1, 2016 rally in Louisville, Kentucky. They argued that Trump didn't intend for his supporters to use force.

Two women and a man say they were shoved and punched by audience members at Trump's command. Much of it was captured on video and widely broadcast during the campaign, showing Trump pointing at the protesters and repeating "get them out."

Judge David J. Hale in Louisville ruled Friday that the suit against Trump, his campaign and three of his supporters can proceed. Hale found ample facts supporting allegations that the protesters' injuries were a "direct and proximate result" of Trump's actions, and noted that the Supreme Court has ruled out constitutional protections for speech that incites violence.

It is plausible that Trump's direction to 'get 'em out of here' advocated the use of force," the judge wrote. "It was an order, an instruction, a command."

Plaintiffs Kashiya Nwanguma, Molly Shah and Henry Brousseau allege that they were physically attacked by several members of the audience, including Matthew Heimbach, Alvin Bamberger and an unnamed defendant they have yet to be able to identify.

Bamberger later apologized to the Korean War Veterans Association, whose uniform he wore at the rally. He wrote that he "physically pushed a young woman down the aisle toward the exit" after "Trump kept saying 'get them out, get them out," according to the lawsuit.

Heimbach, for his part, sought to dismiss the lawsuit's discussion of his association with a white nationalist group and of statements he made about how Trump could advance the group's interests. The judge declined, saying such information could be important context when determining punitive damages.

Kentucky Democratic Primary Results Confirm Hillary Clinton As Winner

Democratic presidential front-runner Hillary Clinton

A "recanvass" of the Kentucky Democratic primary results shows that former Secretary of State Hillary Clinton did, indeed, win the state's contest according to Secretary of State Alison Lundergan Grimes.

From Politico:

"The unofficial winner of Kentucky's Democratic presidential primary remains Hillary Clinton," Grimes said at a press conference on Thursday. "The recanvass vote totals which were submitted to my office today will become the official vote totals. The Kentucky Board of Elections will certify on May 31st."

The recanvass was a review of voting machines and absentee ballots in all 120 of the state's counties.

In a statement, the Vermont senator said he accepted the results.

"We accept the results in Kentucky. We are very pleased that we split the delegates in a state with a closed primary in which independents cannot vote and where Secretary Clinton defeated Barack Obama by 35 points in 2008," Sanders said in a statement

Hillary Clinton "Apparent Winner" In Kentucky Primary

Kentucky Governor Signs Law Removing County Clerk's Signature From Marriage Licenses

This past Wednesday, Kentucky Gov. Matt Bevin signed into law a bill that removes county clerks' names from the state marriage license.

You'll recall the long drawn-out story from last year of County Clerk Kim Davis who refused to sign any marriage licenses for same-sex couples after the historic ruling from the U.S. Supreme Court on marriage equality.

From Reuters:

Senate Bill 216, signed by Republican Governor Matt Bevin, also creates a single form that either heterosexual or same-sex couples can use. Applicants can choose between being called bride, groom or spouse.

"We now have a single form that accommodates all concerns. Everyone benefits from this common sense legislation," Bevin said in an emailed statement. "There is no additional cost or work required by our county clerks. They are now able to fully follow the law without being forced to compromise their religious liberty."

Michael Aldridge, executive director for the American Civil Liberties Union of Kentucky, issued a statement saying he welcomes the move which creates a uniform license for everyone in the state.

Kentucky State Senate Committee Advances "License To Discriminate" Bill

Fairness Kentucky reports on another anti-LGBT "License To Discriminate" bill that would seek to nullify all pro-LGBT local ordinances.

A “License to Discriminate” bill that would sanction discrimination against LGBT Kentuckians passed out of the Senate Veterans, Military Affairs and Public Protection Committee this morning. Senate Bill 180, introduced by Senator Albert Robinson of London, seeks to gut local LGBT Fairness Ordinances passed by eight Kentucky cities. Those cities include Covington, Danville, the State Capital Frankfort, Lexington, Louisville, Midway, Morehead, and the small Appalachian town of Vicco.

“Senate Bill 180 is nothing but a license to discriminate,” shared Fairness Campaign director Chris Hartman. “This legislation seeks to undo the hard work of eight Kentucky cities that chose to protect all their residents from discrimination. These cities, like nearly 200 local employers in the Kentucky Competitive Workforce Coalition, know that discrimination is bad for business. Should the Kentucky General Assembly pass this license to discriminate, it will have untold negative effects on our commonwealth’s tourism, economics, and business development.”

Kentucky To Pay Over $1.1 Million In Legal Fees To Same-Sex Marriage Attorneys

The state of Kentucky has been ordered by the federal Western District Court of Kentucky to pay $1,115,632.96 in attorney fees and costs to the lawyers who fought for marriage equality in the state.

The losing side of a court battle often has to pay the winning side's legal fees. And as we know, the good guys won this one.

Lots of states avoided this by seeing the writing on the wall and dropping opposition to same-sex marriage.

Kentucky did not have the good sense to do that.

Kentucky On The Hook For Huge Legal Bill In Marriage Equality Fight

Newly-installed (and virulently anti-gay) Kentucky Gov. Matt Bevin is now tasked with having to pay the winning lawyers in the state's unsuccessful marriage equality case.

And under federal law, the governor has no choice but to pay them. To ensure “effective access to the judicial process” for “persons with civil rights grievances,” the losing side must pay the winner’s legal fees in an amount the courts decide is reasonable.

In Ohio and Michigan, for example, whose gay marriage bans were struck down with Kentucky’s, the Republican governors in those two states settled with the winning lawyers, for $1.3 million and $1.9 million, respectively.

The winning legal team is seeking $2,091,297. I would look for the amount to be somewhere in the 60-65% range.

I'd love it if someone could tell us how much it cost states to fight marriage equality all the way to the  U. S. Supreme Court.

County Clerk Kim Davis Finds It "Ironic" God Used Her To Deny Loving Couples A Marriage License

“How ironic that God would use a person like me, who failed so miserably at marriage in the world, to defend it now.

“The Lord picks the unlikely source to convey the message.”

- 4x married Kentucky County Clerk Kim Davis to the Associated Press regarding her journey this past year denying same-sex couples a legal marriage license because she disapproved. 

New Kentucky Governor Issues Executive Order Removing County Clerks Names From Marriage Licenses

Newly elected Gov. Matt Bevin of Kentucky has issued an executive order removing the requirement for county clerks names on marriage licenses.

For months County clerk Kim Davis asked that the governor's office make such a change so she would not be, at least in her eyes, a "party" to a same-sex marriage.

Outgoing Gov. Beshear insisted his office did not have the authority to change state law. It appears some legal minds still agree with Beshear.

Bevin's order on marriage licenses directs the state Department of Libraries and Archives to change the wording on forms so that the names of county clerks are not required to appear. The issue gained national attention after Davis, Rowan County's clerk, refused to sign off the forms, citing her Apostolic Christian beliefs and objections to same-sex marriage.

Beshear argued for months that state statute determined the wording on marriage licenses and that he could not remove clerks' names. However, Bevin's press release states that the change is needed to "ensure that the sincerely held religious beliefs of all Kentuckians are honored."

William Sharp, legal director of the American Civil Liberties Union of Kentucky, released a statement saying that Bevin's action has created a cloud of uncertainty over marriage licenses in the state.

"The requirement that the county clerk's name appear on marriage licenses is prescribed by Kentucky law and is not subject to unilateral change by the governor - conceded by the previous administration in court filings," he said. "Today, however, a new administration claims to have that authority."

Kim Davis Sidesteps Questions Whether Other Religions Deserve The Same Exemptions She Demands

Kim "I love all people" Davis

Professional martyr and occasional County Clerk Kim Davis sat down with Fox News' Megyn Kelly to talk about her ongoing refusal to follow the law when it comes to issuing marriage licenses to same-sex couples.

You'll note that when directly asked if other non-Christian faiths should receive similar exemptions to the one she's demanding, she sidesteps the question: “You have millions of Christians who object to this whole same-sex marriage issue. Are their rights invalid? Are their rights not worth anything?”

She also mentions that there's "no way" she would issue a marriage license to her own child if they were to come out as gay or lesbian.

However, Davis went on to say that she "loves all people. I have love in my heart for everyone."

I'll just leave that right there.

Kentucky County Clerk Kim Davis Alters Marriage License Forms

Kentucky County Clerk Kim Davis, who continues to refuse to issue marriage licenses to same-sex couples over "religious beliefs," may have more legal troubles.

Davis, the County Clerk for Rowan County, was famously taken into custody when she refused to follow a federal court order (and the law) regarding issuance of marriage licenses. She was released from jail on the condition that she would not interfere in any way with her deputies issuing licenses.

It would appear that she may not have held to her end of that bargain.

Via Buzzfeed:

The lawyer for Deputy Clerk Brian Mason brought that issue to U.S. District Court Judge David Bunning’s attention on Friday, noting that it “appears to this counsel those changes were made in some attempt to circumvent the court’s orders and may have raised to the level of interference against the court’s orders.”

When Bunning released Davis from jail on his contempt order, he released her on the condition that she not interfere with the issuance of licenses.

In Friday’s filing, Mason’s lawyer added that his client’s concern is that “he does not want to be the party that is issuing invalid marriage licenses.” He also noted that Mason “is trying to follow the court’s mandate, as well as his superior [Davis] ordering him to issue only these changed forms.”

One of many questions unanswered at this point is whether Davis has the authority to change a legal state form.

Kentucky County Clerk Kim Davis Loses In Court Again

Another misguided appeal by beleaguered Kentucky County Clerk Kim Davis, another denial from federal court.

Kim Davis' lawyers asked U.S. District Judge David Bunning to order the governor of Kentucky to force the state to accommodate her "deeply held religious beliefs" (that don't include divorce).

Judge Bunning ruled against the request saying his court does not have the authority to order state officials to alter or amend state license forms.

Via Equality Case Files:

In her Motion, Davis suggests that the Court could easily stem the tide of litigation by simply ordering Governor Beshear and Commissioner Onkst to remove her name and authorization from the marriage license form.

While this is a seemingly simple request, it is not consistent with principles of federalism.

Under the Eleventh Amendment, as interpreted by Pennhurst, the Court simply does not have the authority to order Governor Beshear or Commissioner Onkst to alter the marriage license form or amend KRS §402.100 based on alleged violations of Davis’ rights under the Kentucky Constitution and Ky. RFRA.

Davis’ claims brought under state law should therefore be brought in Kentucky state court. To the extent that she seeks relief in the form of such an accommodation for violations of Kentucky state law, only the state court can grant such relief.

What Ms. Davis' only remedies are:

Allow her office to issue the marriage licenses OR,

Wait for the state legislature's next session in January and hope for changes in the law that will remove her authority on the issue of marriage licenses.

It's her choice. Until then she has to issue the licenses as part of her job.

It's actually quite simple.

Anti-Government "Patriots" Plan To Stop U.S. Marshals From Arresting Kim Davis Again

Oath Keepers stationing themselves as snipers near Bundy Ranch
near Las Vegas last year

You'll recall the Oath Keepers, a heavily armed, anti-government "Patriot" group, from their standoff last year at the Bundy Ranch near Las Vegas, Nevada, and also stationing themselves armed with heavy duty assault rifles outside military recruitment centers this year after the Chattanooga shooting.

In addition, they made an unsettling appearance in Ferguson, Missouri, with their assault rifles, walking among protesters in an act of intimidation.

Now, the group says they will offer to be Kentucky County Clerk Kim Davis' "personal security detail" in order to stop federal marshals from arresting Ms. Davis should she renege on her agreement to not interfere with the issuance of marriage licenses to same-sex couples in Rowan County.

Via Right Wing Watch:

Oath Keepers founder Stewart Rhodes announced yesterday that he had reached out to Davis’ lawyers at Liberty Counsel to offer the protection of his group, which he says is already forming a presence in Rowan County, Kentucky, where Davis was recently released from jail after prohibiting her office from issuing marriage licenses.

Rhodes said in a statement that his position has nothing to do with gay marriage, but rather his conviction that Davis had been illegally detained by the federal judge who held her in contempt for violating multiple court orders.

Rhodes said that the Rowan County sheriff should have blocked U.S. Marshals from detaining Davis, but since neither the sheriff nor the state’s governor will do their “job” and “intercede” on behalf of Davis, the Oath Keepers will have to do it instead. “As far as we’re concerned, this is not over,” he said, “and this judge needs to be put on notice that his behavior is not going to be accepted and we’ll be there to stop it and intercede ourselves if we have to. If the sheriff, who should be interceding, is not going to do his job and the governor is not going to do the governor’s job of interceding, then we’ll do it.”

Rhodes says his guys are already in the area and more are on their way. He says his group plans to "lead by example" should law enforcement seek to arrest Ms. Davis again.

In my opinion, this is basically private citizens choosing to take the law in their own hands (or oppose it).  Bad idea.

Let's see: assault rifles in the hands of folks who aren't trained to handle high pressure situations.

What could possibly go wrong?

Listen to Rhodes below discuss the issue with Jackson County, Kentucky, Sheriff Denny Peyman:

Parody: Kim Davis Lives For The Applause

Rogue Kentucky County Clerk Kim Davis says she never wanted all of this attention.

Riiiiight.

(h/t JMG)

U.S. District Judge Bunning Releases Kim Davis From Custody

Click pic to enlarge

U.S. District Judge David Bunning has released rogue County Clerk Kim Davis from custody on the condition that she not interfere with the issuance of marriage licenses to same-sex couples by her deputy clerks.

Should she interfere, the judge threatens "appropriate sanctions," whatever those might be.

The judge also calls for Status reports every 14 days from the deputy clerks on the compliance with the court's order.

The HRC issued this statement upon her release:

“It is imperative that Kim Davis follow the law and allow same-sex couples to access their constitutional right to marry the person they love. Period,” said HRC Legal Director Sarah Warbelow. “While Davis has the right to believe whatever she likes, as a public official she has no legal basis to refuse to follow the Supreme Court’s ruling in Obergefell v. Hodges. The overwhelming majority of public officials across this country are following the law, and history will not judge her kindly. It’s far past time for this needless ordeal to end.”

Not sure what's next. Will bat-shit crazy Kim Davis interfere? Will she get fined or thrown back in jail?

Tune in next time - same Bat-time, same Bat-channel.