epa04911995 A Carter County Detention Center handout image released 03 September 2015 shows Rowan County Kentucky Clerk Kim Davis in a booking photo after being put in jail for contempt of court for refusing several court orders to start issuing marriage licenses in Rowan County, Kentucky, USA, 03 September 2015. The US Supreme Court ruled in June 2015 that gay couples had a constitutional right in the US to get married. EPA/CARTER COUNTY DETENTION CENTER / HANDOUT (Photo: CARTER COUNTY DETENTION CENTER /, EPA)
Kim Davis, the Kentucky clerk refusing to issue marriage licenses, on Sunday appealed the order putting her in jail.
Davis’ attorneys filed the appeal three days after the Rowan County clerk was held in contempt of court for defying a Supreme Court ruling that legalizes gay marriage. Davis cited her religious beliefs in her refusal to issue marriage licenses.
The three page motion did not include arguments as to why Davis should be released, but amended Davis’ earlier appeal. U.S. District Judge David Bunning had ordered Davis to issue marriage licenses, but she refused to do it, saying she could not betray her conscience.
Bunning sent Davis to jail on Thursday for disobeying his order. Her deputy clerks then issued marriage licenses to gay couples on Friday.
“While most Americans are enjoying the extended holiday weekend with family and friends, Kim Davis sits in isolation for the fourth day in jail,” her attorney, Mat Staver, said. “We are working through the holiday to secure Kim’s freedom.”
Davis’ attorneys said Bunning hadn’t entered a written order, “even though Mrs. Davis has been incarcerated.”
“Mrs. Davis is entitled to proper notice and due process when she is threatened with the loss of her freedom,” Staver said. “There was no indication that she would be incarcerated.”
Contributing: Associated Press
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‘Free Kim Davis’: This is just what gay rights groups wanted to avoid
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