LEXINGTON, Ky. – The same-sex marriage protest of Rowan County Clerk Kim Davis, which has drawn national attention to Kentucky, is entering its endgame.
On Friday, Davis filed an emergency application to the U.S. Supreme Court asking for a stay in the Aug. 12 injunction handed down by U.S. District Judge David Bunning that ordered her to resume issuing marriage licenses. Citing religious objections, Davis has refused to issue any marriage licenses since the high court legalized gay marriage two months ago.
“The same-sex marriage mandate demands that she either fall in line, her conscience be damned, or leave office, her livelihood and job for three decades in the clerk’s office be damned,” wrote Jonathan Christman, an attorney with Liberty Counsel, the religious advocacy group representing Davis.
Also Friday, Bunning refused to extend a temporary stay in his injunction, set to expire Monday, that he had allowed while Davis appealed.
And Rowan County Attorney Cecil Watkins said he asked Attorney General Jack Conway to appoint a special prosecutor to determine if Davis is guilty of official misconduct, a misdemeanor, for failing to perform her public duties. If convicted of first-degree official misconduct, Davis could be jailed up to a year and fined up to $500.
Watkins acted at the request of James Yates and William Smith Jr., who were turned away Thursday when they tried to get a marriage license.
Watkins declined to offer his own legal opinion, citing a potential conflict because he represents Rowan County.