[UPDATE 9/1: The United States Supreme Court has rejected an emergency appeal to to halt the injunction requiring Rowan County Clerk Kim Davis to issue marriage licenses to same-sex couples. So, the order is currently in effect, but Davis continues to refuse. As a result, the ACLU of Kentucky has filed motions asking the judge in the case to find her in contempt of court. Stay tuned.]
In a brief order yesterday, the 6th Circuit Court of Appeals rejected Rowan County (KY) Clerk Kim Davis’ request for a stay that would allow her to continue refusing to issue marriage licenses to same-sex couples because the practice violates her religious beliefs. In a lawsuit agains Davis in her official capacity as clerk, a trial court previously issued an injunction ordering her to issue the licenses in accordance with the Supreme Court’s ruling in Obergefell.
This week’s ruling means the injunction will not be halted while Davis appeals that decision.
From the opinion:
The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.