The US clerk who was jailed after refusing to issue marriage licences to gay couples has asked an appeals court to let her continue her stand until a lawsuit against her is decided.
Rowan County, Kentucky, clerk Kim Davis, due back at work today after six days behind bars, has said her beliefs as an Apostolic Christian prevent her from issuing marriage licences to same-sex couples and her attorneys said the 49-year-old will not violate her conscience when she returns to work.
In her absence, deputy clerks have been issuing licences and have said they would continue to do so.
Davis was jailed when she refused to comply with US District Judge David Bunning’s order to issue licences. He ordered her release when the deputy clerks began issuing the licences.
In a motion filed on Friday with the Sixth Circuit US Court of Appeals, Davis’ attorneys asked that she be allowed to continue banning marriage licences for her entire office until the case is settled.
Davis’ attorneys argued that Bunning’s initial order had only covered couples who were suing her. They said he violated her right to due process during her appeal when he expanded his initial injunction to include any couple legally eligible to marry. She should thus be allowed to continue her ban now that the couples covered under the first order have been issued licences, the attorneys argue. In a separate filing her attorneys said “this case would be over” if the governor removed her name from the documents.
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