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to Section One | to Arts & Entertainment
posted Friday, September 18, 2015 - Volume 43 Issue 38
Sixth Circuit rejects Kim Davis twice
Deputy clerk says she's nice, but he will issue the licenses
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Sixth Circuit rejects Kim Davis twice
Deputy clerk says she's nice, but he will issue the licenses

by Mike Andrew - SGN Staff Writer

Anti-Gay county clerk Kim Davis was rejected not once but twice in a single week by the Sixth Circuit Court.

On September 17, the appeals court turned down Davis's request to stay the order of U.S. District Judge David Bunning that she issue marriage licenses to same-sex couples as required by law.

Davis did not follow proper procedure and ask Judge Bunning for a stay first, the Sixth Circuit said, and therefore was not entitled to a stay from them.

'Davis has not sought a stay pending appeal in the district court as required by Federal Rule of Appellate Procedure 8(a)(1),' the court said in a brief ruling.

'Davis argues that it would be impracticable to seek a stay pending appeal because of the 'extraordinary doggedness of the district court to expand the Injunction [ordering her to issue marriage licenses], without jurisdiction of fair notice of opportunity to be heard.' This is not valid reason to excuse moving the district court for a stay pending appeal in the context of this case.

'Davis's motion for a stay of the September 3 preliminary injunction pending appeal is DENIED for failure to comply with Rule 8(a)(1).'

On September 15, the Sixth Circuit rejected a very similar request by Davis, saying she 'has not demonstrated a substantial likelihood of success on her federal constitutional claims.'

Davis asserts that she should have a First Amendment exemption from having to issue marriage licenses to same-sex couples because her Christian beliefs do not approve of homosexuality. She is suing Kentucky Gov. Steve Beshear and State Librarian Wayne Onkst for enforcing laws that require her to issue licenses to qualified couples.

'She is very nice.'

Meanwhile, Davis's deputy Brian Mason has been issuing licenses to Lesbian and Gay couples, to cheers from equality supporters, but jeers and threats from right-wing Christians.

'I'm right in the middle - I see both sides,' Mason said in an interview with BuzzFeed. 'But I'm going to issue them either way because of the judge's orders and for personal reasons.'

Although he is defying Davis's wishes, Mason said he has no animosity towards her.

'She is very nice,' Mason said. 'She is a very sweet lady. She has a good budget in.'

Gov. Beshear says the state will recognize the validity of marriage licenses issued by Mason or other deputy clerks in Rowan County, but Davis's attorneys claim that without her signature, licenses are 'not worth the paper they're printed on.'

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