Court rejects ACLU's request to recover $230K in legal fees from Kim Davis

A federal court has ruled against the motion filed by the American Civil Liberties Union (ACLU) to recover more than $230,000 in legal fees from Kim Davis, a clerk in Rowan County, Kentucky, who refused to issue marriage licenses to same-sex couples.

The motion, filed in September, requested that Davis, or Rowan County, pay $233,058.08 in attorneys fees and costs incurred by the ACLU when it represented four couples in the legal battle against Davis.

U.S. Magistrate Judge Edward Atkins rejected the motion on Monday, but the ACLU has expressed plans to file an objection, Huffington Post reported.

ACLU of Kentucky legal director William Sharp said back in September that the motion was meant to "send a message to government officials that willful violations of individuals' rights will be costly."

Davis gained national attention in 2015 when she refused to issue same-sex marriage licenses citing her Christian beliefs, despite the Supreme Court ruling that legalized gay marriage nationwide.

U.S. District Judge David Bunning ordered her to issue the licenses despite her religious identity, but she continued to refuse. She was jailed for five days after the judge found her to be in contempt of court.

The case was ultimately resolved when Kentucky Gov. Matt Bevin signed a bill into law that would remove the names of the county clerks from state-issued marriage licenses.

The ACLU argued in its motion that it should have the right to recover the legal costs for "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."

However, Atkins stated in his preliminary order that the organization is "not entitled to an award of attorneys' fees" because it was not the prevailing party in the case. Davis' attorneys, who are with the legal group Liberty Counsel, celebrated Atkins' decision as "another victory" for the 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 Counsel's vice president of legal affairs, said in a statement.