Arkansas Democrat-Gazette

Clerk in Kentucky asks for reversals in same- sex marriage rulings

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LOUISVILLE, Ky. — Rowan County, Ky., Clerk Kim Davis has asked a federal appeals court to scrap a series of rulings issued by the district judge who sent her to jail for refusing to issue marriage licenses to same- sex couples.

In a 126- page filing with the 6th U. S. Circuit Court of Appeals late Monday, Davis’ attorneys called U. S. District Court Judge David Bunning’s order that Davis license samesex marriage a “rush to judgment” that trampled the clerk’s religious liberty.

Davis stopped issuing all marriage licenses after a U. S. Supreme Court ruling legalized gay marriage in June. The American Civil Liberties Union sued Davis on behalf of four couples, and Bunning ordered her to issue the licenses. When she continued to refuse, Bunning held her in contempt and sent her to jail for five nights in September.

Jonathan Christman, Davis’ lawyer with the Liberty Counsel, asked the appeals court to reverse four of the lower court’s rulings, including the order that Davis issue licenses and the decision to hold her in contempt.

“By imprisonin­g Davis and threatenin­g to hold her hostage indefinite­ly as a prisoner of her conscience, the district court imposed direct pressure and substantia­l burden on Davis, forcing her to choose between her religious beliefs and forfeiting her essential personal freedom on one hand, or abandoning those beliefs to keep her freedom on the other hand,” Christman wrote.

The licenses issued by a deputy clerk were altered to remove Davis’ name, and Bunning released her with orders not to interfere with her deputies issuing the licenses.

When she returned to work, Davis further altered the licenses to read they were issued “pursuant to federal court order.” The validity of those licenses remains under review by the judge.

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