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Kim Davis Wins and Loses All Within a Week

By Jonathan R. Tung, Esq. on November 11, 2015 | Last updated on March 21, 2019

Whether or not you agree with Kim Davis, you've got to give credit where credit's due: she's got perseverance.

Kim Davis, the court clerk who found fame by refusing to issue marriage licenses to gay couples, has lost another bid with the Sixth Circuit to delay issuing marriage licenses to same-sex couples.

Ms. Davis first came into the spotlight for refusing to issue marriage licenses to gay couples after SCOTUS affirmed same-sex couples' right to marry under the 14th Amendment in Obergefell v. Hodges. After four couples sued her to issue licenses, she crossed her arms and claimed religious belief was the impetus behind her actions. Judge David Bunning of the Federal District Court eventually ordered her to issue all marriage licenses.

Latest Loss With the Sixth Circuit

In her latest appeal, Davis argued that Judge Bunning went beyond his authority in extending his order to include all couples that Davis denied instead of limiting the order to the original four parties that sued her. This argument fell on deaf ears. In the meantime, the four named plaintiff-couples received licenses during the time Ms. Davis spent time in jail.

Latest Win With the Governor-Elect

However, Davis's stance on her beliefs may enjoy some vindication. According to Reuters, Kentucky's Governor-elect Matt Bevin has stated that he will "remove the names of the county clerks from the marriage form," obviating any conflict of principle that clerks in Davis's position must face. Bevin has stated that he will make the change via executive order; and it is likely to be penned in December when Bevin takes office.

This latest development is encouraging news for Davis who has consistently cited her Christian beliefs as her primary motive in refusing to issue licenses. Although not ideal for progressive civil rights activists, it appears to be the only compromise to finally get Ms. Davis to stop with the appeals!

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