Kim Davis contempt order upheld, But Kentucky clerk who refused to issue gay marriage licenses celebrates 'final victory'

Chiqui Guyjoco Sunday, July 17, 2016

The court upheld the contempt order against Kim Davis, the Rowan County clerk who refused to issue gay marriage licenses on religious grounds, even after it dismissed her appeals.

The U.S. Court of Appeals for the Sixth Circuit ruled Wednesday, July 13 that the federal district court's contempt order last year does not hold any legal grounds and consequently cannot be vacated.

Rowan County Clerk Kim Davis, flanked by Republic presidential candidate Mike Huckabee (L), Attorney Mathew Staver (2n R) and her husband Joe Davis (R) celebrates her release from the Carter County Detention center in Grayson, Kentucky September 8, 2015. | REUTERS/Chris Tilley

The American Civil Liberties Union (ACLU), who represented four gay couples who filed the case against Davis, hailed the court's decision.

ACLU's Project Staff Attorney Ria Tabacco Mar translated the significant meaning behind the court's ruling to uphold Davis' contempt order "for defying the law and denying our clients the marriage licenses they were legally promised."

"It will serve as a reminder to other government officials that placing their personal views ahead of the Constitution and the rule of law is not acceptable," Mar said in a statement.

In addition, the Court of Appeals also ruled that the lower court's injunctions and appeals against Davis are rendered "moot" because of Senate Bill 216 that's bound to take effect Friday.

Kentucky's new law, approved by state legislature and Gov. Matt Bevin, no longer requires a county clerk's name or any identification and authorization to appear in a marriage license.

Davis' lawyer, Mat Staver, considered this particular ruling as a "final victory" and proof that the court "sided with Kim Davis" on the grounds that the "injunctions are gone" and that his client "received the accommodation that she requested."

"County clerks are no longer forced to compromise their religious liberty and conscience rights," said Staver, founder and chairman of the Liberty Counsel firm.

Mar also agreed that "the court correctly dismissed Kim Davis's appeals" while praising Kentucky's new marriage law that allows "all loving couples" to acquire marriage licenses "without fear of discrimination."