Kentucky AG Says Kim Davis Violated State Open Records Act

Opinion says she withheld documents from attorney general's office

Kim Davis' counsel violated the state's Open Records Act when it rejected the attorney general's request to review what it said were privileged documents. (Bill Clark/CQ Roll Call file photo)

Kim Davis, the county clerk who became the focus of the national debate over same-sex marriage, violated  the state's Open Records Act, Kentucky's attorney general determined in a new opinion.  

The opinion comes after the Campaign for Accountability requested records between Davis, who earned the support of presidential candidates like Texas Sen. Ted Cruz and former Arkansas Gov. Mike Huckabee after she denied marriage licenses to same-sex couples, and the Liberty Counsel, which has represented her since her legal battle started.   

After initially rejecting that request, the Liberty Counsel responded to a new one by producing certain documents but withholding others, citing attorney-client privilege and legal exceptions.  

When the attorney general's office asked to review the exempted documents, the group refused, saying the request was improper.  

Andy Beshear, Kentucky's attorney general, is a Democrat and the son of Steven L. Beshear, who was the state's governor when the controversy over Davis' denial of marriage licenses broke out last year. Davis, who used to be a Democrat, has reportedly since switched her party registration to Republican.   

The opinion said Davis violated the law not by having the Liberty Counsel act on her behalf but by refusing to allow the attorney general's office to review the documents.  

In response, Mat Staver, the chairman of the Liberty Counsel, said the group will provide the requested documents in light of the opinion.

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