Rowan County Clerk Kim Davis
An appeal was filed Sunday afternoon for Kim Davis, the Rowan County, Kentucky, clerk who is sitting behind bars for not issuing marriage licenses to same-sex couples.
Davis was jailed on Thursday for defying a federal court order to issue the licenses to homosexuals following the U.S. Supreme Court’s ruling in Obergefell v. Hodges in June, saying doing so would run counter to her deeply held Christian beliefs. She is in her fourth day of incarceration at the Carter County Detention Center in Grayson, Kentucky.
Attorneys for Liberty Counsel, a Florida-based Christian religious advocacy organization, are working on the legal brief that will be filed with the Sixth Circuit Court of Appeals and will ask to expedite the appeal and set the Contempt Order aside.
“While most Americans are enjoying the extended holiday weekend with family and friends, Kim Davis sits in isolation for the fourth day in jail,” said Mat Staver, founder and chairman of Liberty Counsel. “We are working through the holiday to secure Kim’s freedom.”
Judge Bunning has not yet entered a written order, even though Davis is already confined. The Notice of Appeal is directed to the Contempt Order verbally given from the bench last Thursday.
“The contempt order itself was unlawful,” Roger Gannam, a lawyer for Davis, told Reuters.
Davis’ stance has come to symbolize the cultural gap over “gay” marriage. Reuters noted, “Some social conservatives say she is being denied religious freedom. Others say that with the U.S. Supreme Court decision in June making same-sex marriage legal nationwide, Davis is defying her duty as a public servant by refusing to implement the law of the land.”
“Mrs. Davis is entitled to proper notice and due process when she is threatened with the loss of her freedom,” said Staver. “There was no indication that she would be incarcerated. We will be presenting our arguments on appeal and asking for an expedited ruling.”
Deputy clerks in Morland, Kentucky, issued marriage licenses to at least four same-sex couples in Davis’ absence.
Davis, an Apostolic Christian, broke down in tears during her testimony in federal court on Thursday, telling the judge she was “always a good person” but that she gave her heart to the Lord in 2011 and “promised to love Him with all my heart, mind and soul because I wanted to make heaven my home.”
“God’s moral law conflicts with my job duties,” Davis told the judge before she was taken away by a U.S. marshal. “You can’t be separated from something that’s in your heart and in your soul.”
As WND reported this weekend, the left-leaning fundraising site GoFundMe has declined to accept a fundraising campaign for Davis.
Supporters attempted to initiate a GoFundMe campaign for her defense, but were thwarted by the site’s Terms and Conditions, which were updated on April 29 to specify the site can choose not to allow “campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts.”