Judge Denies ACLU’s Motion To Recoup Legal Fees From Marriage Equality Battle

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WASHINGTON The American Civil Liberties Union will not be able to recoup legal fees it incurred in a lawsuit against Kim Davis, the county clerk in Kentucky who spentfive days in jailafter refusing to issue marriage licenses to same-sex couples, a federal court has ruled.

On Monday, U.S. Magistrate Judge Edward Atkinsdeniedan ACLU motion requesting Davis, or rather Rowan County,pay $233,058.08 in attorneys fees and costs that the organization incurred during a lawsuit it brought on behalf of four couples.

Filed in September, the motion was meant to send a message to government officials that willful violations of individuals rights will be costly,ACLU of Kentucky legal director William Sharp said at the time. Davis legal representation, however, dismissed it as a final Hail Mary.

Davis became a celebrated figure among religious conservatives after she refused to issue marriage licenses to same-sex couples following theSupreme Courts 2015 rulingthat legalized gay marriage nationwide. She was jailed after a judge found her to be in contempt of court. Davis appealed that ruling, but the case was ultimately resolved when Kentucky Gov.Matt Bevin, responding to Davis legal troubles, signed into law a bill that removed county clerks names from state-issued marriage licenses.

In a statement Friday, theLiberty Counsel an organization the Southern Poverty Law Center has labeled anti-LGBT celebrated the judges ruling as yet another victory for the Rowan County clerk.

The ACLU and others still want to punish Kim Davis for daring to take a stand for religious liberty, but today the court recognized that the ACLU does not deserve to get paid for its bullying, Horatio Mihet, Liberty Counsels vice president of legal affairs, said in a statement. Kim Davis never violated her conscience, and she still has her job and her freedom that is a win for Kim and for all Americans who want to perform public service without being forced to compromise their religious liberties.

In his decision, Atkins wrote that the ACLU is not entitled to an award of attorneys fees because it was not a prevailing party in the legal action.

In its motion, the nonprofit argued it had the right to recoup legal costs forhaving to go through the expense of that litigationto 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 ACLU did not immediately return The Huffington Posts request for comment.

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