LOUISVILLE, KY (AP) – Attorneys for the Kentucky clerk who was jailed last week because of her refusal to issue marriage licenses to gay couples said Monday they have filed an emergency motion with a federal court that they hope will result in Kim Davis’ freedom.
The filing seeks to have Kentucky Gov. Steve Beshear accommodate Davis’ “religious conviction,” and not compel her to grant licenses to gay couples, Liberty Counsel said in a statement.
“The motion requests an injunction pending appeal for an exemption from the Governor’s mandate that all county clerks issue marriage licenses,” said the statement by Liberty Counsel, which is representing Davis.
The same injunction request was denied last month by U.S. District Judge David Bunning, who jailed Davis on Thursday.
Charla Bansley, communications director for Liberty Counsel, said Davis could be released from jail immediately if the motion were granted by the U.S. Court of Appeals for the Sixth Circuit ordering Beshear to issue Davis an “accommodation” – allowing her to remove her name and title from official marriage certificates issued in Rowan County.
By doing that, Davis would not be sanctioning any same-sex unions and her conscience would be satisfied, they say.
“If there was an accommodation, she would be released (from jail) because she would no longer be in contempt,” Bansley said.
On Monday, about 30 protesters lined the sidewalk outside Bunning’s home in Fort Thomas, Kentucky, carrying signs that read “Free Kim Davis.” Fort Thomas Police Lt. Casey Kilgore said the group gathered around 2 p.m., and the protest stretched on several hours. He said the group sang and waved their signs; they broke no laws and no one was arrested. He did not know if Bunning was home.
In a statement on Monday, the U.S. Marshals declined to say if any precautions have been taken with security for the federal judge.
Davis, an apostolic Christian, says gay marriage is a sin. She also says it would be a sin for her to issue a marriage license to a same-sex couple because the licenses are issued under her authority. She tried in vain to have state lawmakers change the law as a legal challenge to Kentucky’s same-sex marriage ban wound its way through the federal appeals court.