Update: On September 17, the Sixth Circuit denied Davis’s motion for a stay of the Sept. 3 order requiring her to issue licenses to everyone, not just the named plaintiffs in our case. The court denied the motion because Davis should have asked the district court for a stay first, but she instead went straight to the Sixth Circuit arguing that she was entitled to bypass the district court because of the district court’s “doggedness”. Davis has now asked the district court for a stay. We will keep you posted on what happens next.
The Sixth Circuit September 15 denied Kim Davis’ request for an injunction in her case against Gov. Beshear that would have excused her from complying with the injunction in Miller v. Davis requiring her to issue marriage licenses. The court denied Gov. Beshear’s motion to dismiss the appeal outright, but it reiterated that Davis “has not demonstrated a substantial likelihood of success on her federal constitutional claims.” (Read the full order here).
In Miller v. Davis, the ACLU legal team filed our response September 15 to Davis’ motion for a stay of the September 3 order clarifying that all eligible couples who seek to marry in Rowan County must be able to obtain licenses, not just the four plaintiff couples in our case.
James Esseks, director of the ACLU’s Lesbian, Gay, Bisexual and Transgender Project offers –
“Ms. Davis keeps asking the same question and getting the same answer from the courts – that she has to do her job. Issuing marriage licenses doesn’t mean she approves of those marriages, it just means she’s doing the job she was elected to do.”
We await a ruling from the Sixth Circuit.
September 16, 2015 - 9:52am
