Couples Lose Bid For Fees In Ky. Clerk Marriage License Row

Law360, New York (March 7, 2017, 5:19 PM EST) -- A Kentucky magistrate judge on Monday recommended that the four couples who had sued a court clerk over her refusal to grant all marriage licenses in protest of same-sex marriage shouldn’t get attorneys fees because they didn’t actually win their case.

U.S. Magistrate Judge Edward B. Atkins said the same- and opposite-sex couples shouldn’t get $233,058 in requested fees and costs even though, in the end, they got the marriage licenses that prompted the suit. The case had been dismissed as moot when the state voluntarily took clerks’ names off marriage licenses.

“This voluntary conduct by the state changing the marriage...

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