Kim Davis claims she has sustained "irreparable injury" in a lawsuit she filed against the governor of Kentucky, because he told her to do her job.
Rowan County clerk Kim Davis is embroiled in several federal lawsuits. The one that put her behind bars for six days on a contempt of court charge was filed by four same-sex and different-sex couples wanting to marry. On Monday we'll see if she abides by the judge's order and does not interfere in the issuance of marriage licenses. In another lawsuit, a same-sex couple is suing her after being denied a license six times.
But she also is suing the Governor of Kentucky after he met not with Kim Davis, but with another county clerk, Casey Davis, who is also refusing to issue marriage licenses to same-sex couples, claiming to do so would be a violation of his religious liberty.
Casey Davis met with Governor Steve Beshear on July 9 for an hour to discuss the issue. The governor refused to call a special session of the legislature and refused to make any changes. Gov. Beshear told Casey Davis he could do his job or resign.
Kim Davis took that "order" – note, the governor has no power over county clerks, as they are elected officials – and sued the governor, claiming his order was a violation of her First Amendment rights.
Gov. Beshear has petitioned the 6th Circuit to dismiss the case.
Today, Kim Davis' attorneys filed a motion opposing the governor's request to toss the case out.
Its contents are beyond the pale.
Davis claims that the District Judge's refusal to stay his decision ordering her to issue marriage licenses to all couples regardless of gender has permitted "immediate and irreparable injury to her individual religious liberty and free speech rights."
She, or her attorneys, also claim Davis is "facing immediate and substantial harm and consequences for exercising her individual constitutional and statutory rights."
Last week, before she was placed in contempt of court and jailed, Davis' lawyers told Judge Bunning her compliance with his order to issue licenses was "factually impossible."
Monday, when Davis is scheduled to return to work, should prove interesting.
Image: Screenshot via Courier-Journal
Courtesy of Equality Case Files: