Kim Davis, the Kentucky clerk who refused to hand out marriage licenses to same-sex couples, has appealed the contempt in court ruling that put her in jail last week.
“As a prisoner of her conscience, Davis continues to request a simple accommodation and exemption from Governor Beshear, who is overseeing Kentucky marriage policy,” the appeal states.
Davis is represented by the non-profit legal advocacy group Liberty Counsel, who officially appealed the decision Sunday with a three page motion that doesn’t list why she should be released, but amends Davis’ earlier appeal of the judge’s order. However, her reasons for refusing to issue marriage licenses were clear as she has repeatedly stated that she does not support same-sex marriage due to her religious beliefs. The Liberty Counsel argues that her religious beliefs are not being protected.
“The governor’s refusal to take elementary steps to protect religious liberties has now landed Kim Davis in jail,” Liberty Counsel founder and chairman Mat Staver said.
In June, Davis stopped issuing all marriage licenses shortly after the U.S. Supreme Court legalized same-sex marriage nationwide. Davis was sued by two homosexual couples and two straight couples. U.S. District Judge David Bunning, with the support of the Supreme Court, sided with the couples and ordered Davis to issue the licenses.
Davis still refused to issue marriage licenses, which led to Bunning ruling that Davis was in contempt of court for disobeying his order and Davis being sent to jail. However, the couples who sued Davis did not intend her for her to be jailed according to their attorney, Daniel Canon.
While Davis is behind bars, five of her deputies have agreed to hand out marriage licenses in her absence.
“Civil rights are civil rights and they are not subject to belief,” said James Yates, who was able to receive a marriage license on Friday after being denied five times.
Davis has now been in jail for five days, but Bunning stated that she could be in jail for a week or longer if she continues to refuse the his orders. Bunning has offered to release Davis as long as she allows her deputy clerks to continue handing out marriage licenses, but Davis refused.
“She’s not going to resign, she’s not going to sacrifice her conscience, so she’s doing what Martin Luther King Jr. wrote about in his Letter from the Birmingham Jail, which is to pay the consequences for her decision,” Mat Staver, one of Davis’ attorneys, said.
Staver added that Davis will remain in jail until a compromise is reached. He stated that his client would be willing to hand out marriage licenses if her name was removed from the licenses. The legislature could vote for the removal of clerks’ names from licenses, but the legislation won’t be in until January. Kentucky Governor Steve Beshear stated last week that he wouldn’t call for a special session because it would cost “hundreds of thousands of dollars of taxpayers’ money.”
The case has brought protests and rallies for each side. On Saturday, approximately 200 supporters of Davis’ decision gathered and prayed on Saturday. Several even shouted “Thank you, Kim” repeatedly and held up signs that read “Kim Davis for President.”
GOP Presidential hopeful, Mike Huckabee, has also openly supported Kim Davis and her decision. The former Arkansas governor plans to visit Davis and rally her supporters on Tuesday.
As for Davis, her attorneys say that she is in a cell by herself. She has been occupying her time by studying her Bible while in jail.
