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Kim Davis files another appeal

Lawyers for the Kentucky county clerk argue because the gay couples who sued received marriage certificates, her office should not have to process licenses for other LGBTI applicants

Kim Davis files another appeal
Rowan County Clerk Kim Davis comes up with fanciful legal theory to deny rights to LGBTI couples

Kim Davis‘ legal team is piling up the billable hours to keep her from doing her job. Yesterday, 11 September, lawyers for the Kentucky clerk who refuses to issue marriage certificates to LGBTI couples, filed another appeal.

According to MSNBC, the legal team for the Rowan County clerk filed papers with the Sixth Circuit US Court of Appeals. The Liberty Counsel lawyers maintain because the gay couples who sued received certificates when Davis was in jail, the office should not be required to process licenses for other LGBTI couples.

‘I hate to use a religious metaphor, given the circumstances,’  Sam Marcosson, a constitutional law professor at the University of Louisville, said to MSNBC, ‘but this strikes me as a Hail Mary pass.’

Liberty Counsel is a Christian law firm.

Since the Supreme Court ruled marriage equality is legal in all 50 states, Davis has balked at the decision citing her religious faith. Last month, US District Judge David Bunning ordered her to follow the law. The Democrat appealed to the Supreme Court, but the highest court in the country denied her emergency request to not issue certificates to any couples – gay or straight – as she fought in the lower court.

She continued to ignore the judge’s ruling. Bunning placed her in jail, for contempt, earlier this month. She was released on 8 September, but warned not to interfere with issuing of marriage certificates. Deputy clerks filed papers when she was away.

If the Sixth Circuit does not reply to Davis by Monday, the day she plans to return to work, she has two options: either allow the office to issues certificates, or ignore Bunning a second time.

Deputy Rowan County clerks promise they will file applications, even if Davis interferes.

Davis has been applauded by many on the religious right, including Republican presidential candidate Mike Huckabee.

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