Moreover, Davis’ legal reasoning doesn’t hold water as she knew full well going into the election for her position that she would have the distinct probability of having to issue licenses to same-sex couples as a core component of her taxpayer-funded position.
A federal judge said Wednesday a “temporary stay” on his order for Rowan County Clerk Kim Davis to resume issuing marriage licenses will expire on August. 31.
In its emergency filing with the appeals court, Davis’ lawyers argue that she “faces significant, irrevocable and irreversible harm if she is forced to authorize and approve even one SSM license with her name on it, against her religious conscience”.
Despite U.S. District Judge David L. Bunning’s ruling ordering Davis to comply with the Supreme Court’s decision, Davis’ office turned away two gay couples Thursday morning.
Davis stopped issuing marriage licenses immediately after the U.S. Supreme Court legalized same-sex marriage, saying her religious beliefs prevented her for doing so.
“The State certainly has an obligation to “observe the basic free exercise rights of its employees, ‘ but this is not the extent of its concerns”, Bunning wrote in his ruling. Davis has arguably committed such a violation by openly adopting a policy that promotes her own religious convictions at the expenses of others”.
But Mat Staver, who represents Davis and is the founder of Florida-based Liberty Counsel, said the convoluted order essentially grants her request for more time. Bunning said he stayed the ruling “in recognition of the constitutional issues involved and realizing that emotions are running high on both sides of the debate”. “We will file a motion with the 6th Circuit to extend the stay while we appeal”.