Thursday, August 13, 2015

Liberty Counsel advises KY clerk to defy federal judge while it appeals to the Sixth Circuit

Kim Daviis
Rowan County Clerk Kim Davis
Rowan County, Kentucky Clerk Kim Davis' office turned away David Moore and David Ermold just hours after a U.S. district judge ordered her to do the opposite.

Deputy clerk Nathan Davis (her son — it's a family biz) claims that the office was advised by its attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals the ruling to the Sixth Circuit Court of Appeals. Jonathan Christman and Roger Gannam, both of the Liberty Counsel, appeared on behalf of Kim Davis.

There are two problems with this:
  1. The judge did not stay his own order, pending appeal and;
  2. The motion to stay pending appeal was only filed this morning. You cannot defy a judge's order and then file a request for a stay. That's not how things work.
The judge in this matter, David L. Bunning, is a conservative appointed by George W. Bush. Ms. Davis clearly had her fair day in court.

Not only should the judge deny the stay given that his order has been violated but he should sanction Liberty Counsel, Mr. Christman and Mr. Gannam for misconduct. This is part of a pattern on behalf of Liberty Counsel, an anti-gay hate group.

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