Lawyer for Kentucky clerk files appeal over contempt ruling

Kentucky clerk who refused to issue same-sex marriage licenses says she is prepared to remain in jail while her lawyer files another appeal on her behalf

Photo by: Reprieve
Photo by: Reprieve

David Jordan, a member of Chirst Fellowship in North Carolina, preaches in support of the prayer rally at the Carter County Detention Center for Rowan County clerk Kim Davis, who remains in contempt of court for her refusal to issue marriage certificates

Updated Sep 7, 2015

The lawyer for a Kentucky county clerk who refused to issue same-sex marriage licenses said his team filed on Sunday a notice of appeal over a contempt ruling that landed her in jail.

Rowan County Clerk Kim Davis, 49, who refused to issue the licenses due to her Apostolic Christian belief that marriage can only be between a man and a woman, said she was prepared to remain in jail where she has been reading a Bible since her incarceration for contempt on Thursday, her lawyers said.

Davis was jailed for refusing to follow the orders of US District Judge David Bunning. Legal experts saw little chance of her appeal succeeding, especially when she has already lost a series of other appeals.

Davis' stance has come to symbolize the cultural gap over gay marriage in the United States. Some social conservatives say she is being denied religious freedom. Others say that with the US Supreme Court decision in June making same-sex marriage legal nationwide, Davis is defying her duty as a public servant by refusing to implement the law of the land.

"The contempt order itself was unlawful," Roger Gannam, a lawyer for Davis, told Reuters. Gannam is an attorney with Liberty Counsel, a Florida-based Christian religious advocacy organization that is backing her in the legal fight.

The notice of appeal was filed in the US District Court for the Eastern District of Kentucky and officially starts the appeals process.

In Davis' absence on Friday, deputy clerks issued marriage licenses to at least four same-sex couples at the offices in Morehead, where rival groups protested outside.

Bunning had ordered Davis in August to issue the licenses. Her request for a stay of his order was denied by a US appeals court and by the US Supreme Court.

"Judge Bunning was ready to release her if she would not interfere with her deputies issuing marriage licenses. She declined. The judge's actions were entirely reasonable given that testimony," said Allison Connelly, director of the Legal Clinic at the University of Kentucky College of Law.

Meanwhile, Davis is waiting for the US Court of Appeals for the Sixth Circuit in Cincinnati, Ohio, to rule on her request to set aside Bunning's ruling in the overall case. In denying the request for a stay on the order, the appeals court said there was little chance she would prevail.

On Saturday up to 500 supporters gathered outside the Kentucky jail where Davis is being held to offer their support.

The thrice-divorced Davis was born in Breathitt County, the heart of Appalachia, about 60 miles (100 km) south of Morehead. She has been married four times, twice to the same man, her current husband Joe Davis. Of her four children, twins were born out of wedlock in 1994.

Her faith in Apostolic Christianity helped her escape what her lawyer described as a life in the "devil's playground" and led her to face jail in opposition to the Supreme Court ruling upholding same-sex marriage.