Monday, August 17, 2015

KY Clerk's application for a stay denied yet temporarily stayed

Kentucky clerk Kim Davis' application for a stay pending appeal has been denied. Among other things the judge found that Davis has little likelihood of success on appeal to the Sixth Circuit. He did, however, stay his decision temporarily, pending review by the Sixth Circuit. In other words, the Sixth Circuit will determine whether the judge's order to issue marriage licenses should be stayed pending appeal.

In his order the judge did not address contempt charges or the misconduct of Liberty Counsel for advising their client to disobey the judge's ruling.

So as it stands, at least for the moment, Davis' office can continue to deny marriage licenses to gay couples because it offends her religious beliefs.

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