Government Law

6th Circuit nixes stay for clerk appealing federal court order requiring her to perform marriages

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Since the U.S. Supreme Court recognized a constitutional right to same-sex marriage in June, a Kentucky county clerk is not likely to win an appeal of a federal court’s order requiring her to perform same-sex marriages, a federal appeals court said Wednesday.

So the 6th U.S. Circuit Court of Appeals refused to issue a stay of the order imposed on Rowan County clerk Kim Davis as she appeals the federal judge’s ruling, reports Reuters.

Davis had sought to resolve the situation by simply refusing to perform any marriages. However, U.S. District Judge David Bunning ruled that Davis, as county clerk, was required as part of her job to perform marriages regardless of her personal religious beliefs and ordered her to issue marriage licenses, in a preliminary injunction.

She is represented by Liberty Counsel. Founder and chairman Mat Staver. He says the firm will discuss with Davis possible action including making a request for a stay to the U.S. Supreme Court.

Related coverage: “Clerk’s office defies federal judge’s order to issue same-sex marriage licenses”

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