ACLU Files Hail Mary Request on Kim Davis Case

(PHOTO: REUTERS/CHRIS TILLEY) Kim Davis, flanked by Republic presidential candidate Mike Huckabee (L) and and Attorney Mathew Staver (R) speaks to her supporters after walking out of jail in Grayson, Kentucky September 8, 2015. U.S. District Judge David Bunning ordered her release after six days in jail, saying she "shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples."
(PHOTO: REUTERS/CHRIS TILLEY)
Kim Davis, flanked by Republic presidential candidate Mike Huckabee (L) and and Attorney Mathew Staver (R) speaks to her supporters after walking out of jail in Grayson, Kentucky September 8, 2015. U.S. District Judge David Bunning ordered her release after six days in jail, saying she “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”

The ACLU has filed yesterday a “Hail Mary” request for attorney’s fees in the case of Rowan County Clerk Kim Davis, who won her fight for religious freedom after a federal judge issued an order dismissing all three 2015 marriage license lawsuits against her. U.S. Judge David Bunning dismissed in their entirety, Miller v. Davis, Ermold v. Davis and Yates v. Davis, which brought to an end the trial proceedings against her arising from the 2015 Obergefell decision. At the request of Liberty Counsel on behalf of Kim Davis, the Sixth Circuit Court of Appeals had previously dismissed the pending appeals.

Despite the ACLU’s attempt to continue the case against Kim Davis and assess damages against her, the federal district court dismissed the case, closed the files and ordered all the pending cases to be removed from the docket.

Now the three plaintiffs have each filed separate and coordinated requests: One filed with the Sixth Circuit Court of Appeals asking the Court to reverse its dismissal ruling; one filed in the district court asking Judge Bunning to reverse his dismissal ruling; and the ALCU filed a third pleading before Judge Bunning asking for an award of attorney’s fees.

“The plaintiffs have filed ‘Hail Mary’ requests to reverse the Court of Appeals and the district court, but both courts have dismissed the cases and closed the files on the Kim Davis case,” said Mat Staver, Founder and Chairman of Liberty Counsel. “The ACLU is not entitled to attorney’s fees. Kim Davis won the case and the case is closed. County clerks are now able to perform their public service without being forced to compromise their religious liberty. The case is now closed and the door has been shut on the ACLU’s attempt to assess damages against Kim Davis,” said Staver.

Kentucky Governor Matt Bevin signed an executive order creating one marriage license form which does not require the county clerk’s name and title. The Kentucky General Assembly made Governor Bevin’s changes permanent with a bill that passed the State House with a 97-0 vote followed by a 36-0 vote in the State Senate. Bevin said his signature on the unanimous bipartisan legislation brought “statutory finality to the marriage license dilemma.”

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.