Rowan County Clerk Kim Davis smiles as she helps a customer at the Rowan County Courthouse in Morehead, Ky., Tuesday, Aug. 18, 2015. Davis is back at work and still not issuing marriage licenses while her case is under appeal. US District Judge David Bunning denied Rowan County Clerk Kim Davis’ request to delay his ruling from last week ordering her to issue marriage licenses to gay and lesbian couples. That ruling followed the US Supreme Court’s decision in June legalizing same-sex marriage nationwide. But Bunning then delayed his own decision, effectively granting Davis’ request while also denying it. AP
MOREHEAD, Kentucky — A Kentucky county clerk who was recently jailed for denying same-sex couples marriage licenses filed an appeal Friday that would allow her to continue blocking the licenses.
READ: Kentucky clerk who fought gay marriage released from jail | Gay rights advocates: Jailed Kentucky clerk is no martyr
Kim Davis filed the motion with the Sixth Circuit US Court of Appeals.
Davis objects to gay marriage on religious grounds. She argues that all the same-sex couples who sued her for a license received one from her deputies while she was in jail, so her office should not be required to issue them to any more couples once she returns to work.
US District Court Judge David Bunning wrote that his mandate to issue licenses applied to all couples, not only those who filed suit. But Davis’ lawyers allege that order was issued improperly and again have asked for a delay.
Most officials across the country have started to issue marriage licenses to gay couples after the Supreme Court in June effectively legalized gay marriage nationwide. But Davis refused and was declared to be in contempt of court and jailed for five days.
The appeals court has already dismissed Davis’ primary argument that her religious faith should exempt her from licensing a gay marriage.
If the court does not respond before Davis returns to work on Monday, she will have to choose whether to allow her office to continue issuing licenses or again disobey the judge who already sent her to jail.