Kim Davis Returns to Court to Petition for Accommodation

Kentucky County Clerk Kim Davis, who was jailed for refusing to issue same-sex marriage certificates after the Supreme Court’s ruling in Obergefell v. Hodges, is back in court. This time, Davis has asked the Sixth Circuit Court of Appeals to hear oral argument of her case “due to the weighty constitutional and statutory issues at stake in this case.”

Defending her religious rights in the case is the Liberty Counsel, an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family. Since 1989, Liberty Counsel has provided pro bono assistance and representation on these and related topics.

This morning Liberty Counsel released the following statement:

Cincinnati, OH— Late Monday, Kentucky County Clerk Kim Davis filed a consolidated opening brief asking the Sixth Circuit Court of Appeals to hear oral argument of her case “due to the weighty constitutional and statutory issues at stake in this case.”

The Rowan County Clerk, who was sued by the American Civil Liberties Union because she refused to issue marriage licenses and was later sentenced to jail for following her conscience, is asking the Appeals Court to reverse the following district court rulings and orders:

• Preliminary injunction against Davis on August 12, 2015;
• District court’s denying a preliminary injunction against the State Defendants on August 12, 2015;
• Expanded injunction against Davis on September 3, 2015; and
• Contempt order against Davis on September 3, 2015.

From the outset of this case, Davis has consistently requested a reasonable accommodation for her deeply held religious convictions regarding marriage as the union of a man and a woman. The government is required to accommodate Kim Davis and other Kentucky citizens under the Kentucky Religious Freedom Restoration Act.

“In a rush to judgment that promoted expediency over due process, the district court’s original injunction trampled upon Kim Davis’s conscience,” said Mat Staver, Founder and Chairman of Liberty Counsel. “We look forward to having the Sixth Circuit Court of Appeals review this case and resolve this conflict to protect religious freedom,” concluded Staver.