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Kim Davis: It Seems Jail Time Did Not Take The Fight Out Of The Kentucky Clerk

By Pam Wright
Published on: 00:06 PST, Sep 12, 2015

Kim Davis, who was recently jailed for denying same-sex couples marriage licenses, is back at it again.

On Friday, the Kentucky clerk filed an appeal that asks for another delay in issuing the licenses.

Attorneys for Kim Davis, who has refused to issue licenses on religious grounds, argue in their motion to the Sixth Circuit U.S. Court of Appeals that all the same-sex couples who sued Davis for a license received one from her deputies while she was in jail.

Because there are no longer any outstanding lawsuits, attorneys for Davis argue that her office in Rowan County should not be required to issue them to any more couples once she returns to work.

U.S. District Court Judge David Bunning ruled that his mandate to issue licenses applied to all couples, not only those who filed suit.

Davis’ lawyers allege that order was improperly issued, and have asked for another delay.

Sam Marcosson, a constitutional law professor at the University of Louisville, told the Associated Press that the motion is a long shot.

“I hate to use a religious metaphor, given the circumstances, but this strikes me as a Hail Mary pass.”

Davis was sued on June by the American Civil Liberties Union on behalf of four couples, two straight and two gay, who were denied licenses after the Supreme Court in June effectively legalized gay marriage nationwide. When Davis refused Bunning’s order to issue licenses, the judge declared the clerk in contempt of court and jailed her for five days.

Davis’ deputy clerks avoided jail by agreeing to issue licenses. In Davis’ absence, both same-sex couples who sued her received one.

The appeals court dismissed Davis’ primary argument that her religious faith should exempt her from licensing a gay marriage.

“It cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court.”

According to the Christian Science Monitor, Davis is scheduled to return to work on Monday and it is unclear whether she intends to abide by the Bunning’s mandate or once again refuse to issue licenses.

The New York Times reported that the tension in Rowan County reached fever pitch last week, with protesters, presidential candidates, and news crews from across the county taking up residence in the small town of Morehead.

Do you think Kim Davis will issue licenses?

[Photo by Ty Wright/Getty Images]

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