Late Wednesday, Liberty Counsel filed a request for a stay and an appeal of U.S. District Judge David Bunning’s opinion ordering Rowan County Clerk Kim Davis to issue same-sex marriage licenses.
Judge Bunning said, “The State is not asking her to condone same-sex unions on moral or religious grounds, nor is it restricting her from engaging in a variety of religious activities. Davis remains free to practice her Apostolic Christian beliefs. She may continue to attend church twice a week, participate in Bible Study and minister to female inmates at the Rowan County Jail,” the ruling said. “She is even free to believe that marriage is a union between one man and one woman, as many Americans do. However, her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County Clerk.”
“Kim Davis did not sign up as a clerk to issue same-sex marriage licenses. Her job duty was changed by five lawyers without any constitutional authority. At a minimum, her religious convictions should be accommodated,” said Mat Staver, Founder and Chairman of Liberty Counsel.
“Judge Bunning’s decision equated Kim’s free exercise of religion to going to church. This is absurd! Christianity is not a robe you take off when you leave a sanctuary,” said Staver. “The First Amendment guarantees Kim and every American the free exercise of religion, even when they are working for the government.”
“Kim Davis cannot license something that is prohibited by her religious convictions,” Staver continued. “To provide a license is to provide approval and places a legal authority behind what is being licensed. The First Amendment protects actions and not mere thought. Kim Davis should not be forced to violate her religious beliefs,” Staver concluded.
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Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.