Rowan County, Kentucky, clerk Kim Davis, who made headlines for going to jail after refusing to issue same-sex marriage licenses, lost yet another effort to stall the issuing of licenses to same-sex couples.
On Sept. 22, judge David Bunning denied Davis’ request to postpone his mandate that she license all couples,
“It would essentially allow her to reinstate her 'no marriage licenses' policy during the pendency of the appeal and likely violate the constitutional right of eligible couples,” the judge wrote.
Davis sparked a debate over religious freedom after refusing to issue any marriage licenses following the Supreme Court ruling same-sex marriage legal nationwide in June. After a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of two straight couples and two gay couples who were denied marriage licenses by Davis, she was ordered by Judge Bunning to issue all marriage licenses. When the judge's orders were ignored, Davis was sentenced to five days in jail.
Davis’ attorney, Matt Staver, called the most recent request to stall a “formality” that needed to be done before asking the appeals court to consider it again.
On Sept. 23, Bunning rejected Davis’ argument that issuing the marriage licenses would cause her to suffer irreparable harm.
“This argument is unpersuasive because Davis has created her own risk of harm by violating a valid order issued by this court,” Bunning wrote. “As for the public interest, the court simply notes that the public has an interest in the enforcement of valid court orders.”