Kentucky clerk appeals marriage license case to high court

UPDATE: Rowan County clerk Kim Davis has appealed to the U.S. Supreme Court, asking the justices that legalized same-sex marriage nationwide to protect her right not to issue marriage licenses to gay couples.

A lower court ruled Davis' job required her to issue a license to anyone who could legally apply for one. The 6th U.S. Circuit Court of Appeals agreed.

In her appeal to the high court, Davis asked for "asylum for her conscience" until the justices can decide whether they will hear her case.

UPDATE (Aug. 27, 10:20 a.m.): Rowan County clerk Kim Davis again declined to issue marriage licenses this morning, less than 24 hours after the 6th U.S. Circuit Court of Appeals ordered her to do so. The appeals court upheld a lower court judge's determination that Davis could not ignore the U.S. Supreme Court's legalization of same-sex marriage in performing her duties.

Davis' lawyer said yesterday his client was considering taking her case to the Supreme Court.

This morning, Davis did not leave her office as a crowd of couples seeking marriage licenses, their supporters, and members of the media filled the building. After she lost her case in the lower courts, the judge who ordered her to issue marriage licenses stayed his own ruling, giving her time to appeal to the 6th Circuit. A deputy clerk told this morning's crowd the stay remained in effect until Aug. 31.

OUR EARLIER REPORT (Aug. 26, 5:30 p.m.): A federal appeals court has upheld a ruling ordering a Kentucky county clerk to begin issuing same-sex marriage licenses.

Rowan County clerk Kim Davis argues that her deeply held religious beliefs prevent her from issuing same-sex marriage licenses. She stopped issuing marriage licenses to any couples the day after the U.S. Supreme Court ruled in favor of same-sex marriage nationwide.

Two same-sex couples and two opposite-sex couples sued her. A U.S. district judge ordered Davis to issue the marriage licenses but later delayed his order so that Davis could have time to appeal to the 6th U.S. Circuit Court of Appeals. Wednesday, that court denied Davis’ request for a stay.

“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,” judges Damon J. Keith, John M. Rogers, and Bernice B. Donald wrote for the court. “There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.”

Mat Staver, an attorney for Davis, said he was disappointed with the ruling, adding that he said he plans to discuss options with Davis, including an appeal to the U.S. Supreme Court.

“The court of appeals did not provide any religious accommodation rights to individuals, which makes little sense because at the end of the day it’s individuals that are carrying out the acts of the office,” he said. “They don't lose their individual constitutional rights just because they are employed in a public office.”

Davis testified in federal court last month she would “deal with [further appeals] when the time comes." Saturday, she spoke to thousands of supporters at a religious freedom rally at the state capitol, saying, “I need your prayers … to continue to stand firm in what we believe.”

“Regardless of what any man puts on a piece of paper, the law of nature is not going to change,” Davis told the crowd.

The Associated Press contributed to this report.