The Kentucky county clerk jailed for denying marriage licenses to same-sex couples appealed again Friday for a delay in having to issue the licenses.
Lawyers for Kim Davis, who was jailed for five days, told the U.S. Court of Appeals for the Sixth Circuit that Davis shouldn’t have to begin issuing the licenses when she returns to work Monday. But the appeals court rejected her last appeal, disagreeing with her argument that a religious objection to same-sex marriages should exempt her from having to license them.
“It cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court,” the court wrote two weeks ago.
All of the couples who sued Davis for refusing to grant them licenses have since been granted one. Davis’ attorneys argued that’s why she shouldn’t have to issue licenses to any more couples after returning to work. But when the district judge ordered that the licenses be granted, he applied his mandate to all same-sex couples, not just those who filed suit.
Davis’ public refusal to issue the licenses has attracted the attention of activists and presidential candidates, who have alternately praised and condemned her. Republican contender Mike Huckabee visited her Wednesday in a show of public support. Davis was released from prison earlier this week, but hasn’t said how she will approach the situation when she returns to work.
“I am deeply moved by all those who prayed for me,” Davis said in a statement after being released from jail. “All I can say is that I am amazed and very grateful. I am enjoying spending time with my husband, my family and my three dogs.”
In a landmark ruling in June, the U.S. Supreme Court said all states must recognize same-sex marriages performed within their own borders and within other states.
