Clerk appeals jailing

Associated Press

LOUISVILLE, Ky.

Attorneys for the Kentucky clerk who was jailed last week because of her refusal to issue marriage licenses to gay couples said Monday they have filed an emergency motion with a federal court that they hope will result in Kim Davis’ freedom.

The filing seeks to have Kentucky Gov. Steve Beshear accommodate Davis’ “religious conviction,” and not compel her to grant licenses to gay couples, Liberty Counsel said in a statement.

“The motion requests an injunction pending appeal for an exemption from the Governor’s mandate that all county clerks issue marriage licenses,” said the statement by Liberty Counsel, which is representing Davis.

The same injunction request was denied last month by U.S. District Judge David Bunning, who jailed Davis on Thursday.

Charla Bansley, communications director for Liberty Counsel, said Davis could be released from jail immediately if the motion is granted by the U.S. Court of Appeals for the Sixth Circuit ordering Beshear to issue Davis an “accommodation” – allowing her to remove her name and title from official marriage certificates issued in Rowan County.

By doing that, Davis would not be sanctioning any same-sex unions and her conscience would be satisfied, they say.

“If there was an accommodation, she would be released [from jail] because she would no longer be in contempt,” Bansley said.

On Monday, about 30 protesters lined the sidewalk outside Bunning’s home in Fort Thomas, Ky., carrying signs that read “Free Kim Davis.”