The Kentucky clerk who was jailed last week for refusing to issue gay marriage licenses has appealed for her release, her legal team said, even as she continues to defy the court order.
Kim Davis’ lawyers filed an appeal Sunday. U.S. District Court Judge David Bunning ruled Thursday that Davis was in contempt of court for refusing to issue the marriage licenses despite a court order instructing her to do so and the Supreme Court declining to intervene.
The judge had her arrested to raucous chants of “Love Won!” from gay marriage supporters outside the courthouse.
“While most Americans are enjoying the extended holiday weekend with family and friends, Kim Davis sits in isolation for the fourth day in jail,” Mat Staver, founder and chairman of Liberty Counsel, the group representing Davis, said in a statement. “We are working through the holiday to secure Kim’s freedom.”
Davis has cited her faith as an Apostolic Christian in her refusal, saying she cannot put her name on a document endorsing a same-sex marriage.
“To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience,” Davis said in a statement last week. “It is not a light issue for me. It is a heaven or hell decision.”
Four couples denied by Davis teamed up with the ACLU to sue.
The judge found Davis in contempt of court and had her jailed. He said he didn’t fine her because he didn’t think it would change her mind.
“Her good faith belief is simply not a viable defense,” Bunning said
Davis can’t be fired because she is an elected official. As of Monday, she has been in jail five days.
“Mrs. Davis is entitled to proper notice and due process when she is threatened with the loss of her freedom,” Staver said in a statement. “There was no indication that she would be incarcerated. We will be presenting our arguments on appeal and asking for an expedited ruling.”
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