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Ky. clerk again asks for delay on licenses

LOUISVILLE, Ky. — A Kentucky county clerk who was recently jailed for denying same-sex couples marriage licenses filed an appeal Friday that asks for another delay in issuing the licenses.

Attorneys for Kim Davis, who objects to gay marriage on religious grounds, argued in their motion to the Sixth Circuit U.S. Court of Appeals that all the same-sex couples who sued Davis for a license received one from her deputies while she was in jail. Therefore, they said, her office should not be required to issue them to any more couples once she returns to work.

U.S. District Court Judge David Bunning wrote his mandate to issue licenses applied to all couples, not only those who filed suit. But Davis’ lawyers allege that order was issued improperly, and again have asked for a delay.

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

The American Civil Liberties Union filed a suit against Davis on behalf of four couples, two straight and two gay, who were denied licenses after the Supreme Court in June effectively legalized gay marriage nationwide. When Davis refused Bunning’s order to issue licenses, the judge declared the clerk in contempt of court and jailed her for five days.

In her absence, her deputy clerks issued licenses and both same-sex couples who sued her received one. But Bunning clarified his order to include all eligible couples who request a marriage license.

In the appeal filed Friday, Davis’ lawyers, with the Christian law firm Liberty Counsel, argued that Bunning issued the clarification improperly and once again asked the appeals court to delay the mandate that she issue licenses.

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