Appeals court kills Kim Davis’ request for injunction

The decision Tuesday from judges John Rogers, Bernice Donald and Damon Keith in the 6th Circuit is in the case involving Rowan County Clerk Kim Davis, who has refused orders from state officials – and a federal judge – to issue “same-sex marriage” licenses in violation of her Christian faith.
Judge David Bunning earlier ordered her jailed for nearly a week for not following his order that would violate her faith, but later reversed himself and released her even though she still is not issuing those licenses, and, in fact, is striking her name and title from any of those licenses that are issued by her deputies.
Her deputies agreed to issue those documents when Bunning threatened them with jail.
The latest move is a ruling from the 6th Circuit that declined to issue an injunction protecting Davis at this point.
The judges wrote “The balance of the equities involved does not support the issuance of an injunction pending appeal.”
They also opined that she “has not demonstrated a substantial likelihood of success.”
But they also wrote that a “merits panel” would need to look at the actual arguments in the case, so it was not being dismissed.
The judges also said that they would not address Davis’ claims under the Kentucky Constitution and the Kentucky Religious Freedom Restoration Act, saying a state court needs to review those.
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Mat Staver of Liberty Counsel said in a statement to WND that the case now will move forward with a full briefing and oral arguments against the governor.
He also pointed out that Beshear had stated the licenses issued after Davis’ name was redacted were valid, and that “essentially acknowledged that the requested accommodation (removing her name and title from the certificate) is a reasonable accommodation.”
It’s just the latest step in Davis’ fight against the implementation against her of the Supreme Court’s Obergefell decision in June, in which five lawyers created “same-sex marriage” in the nation. Four dissenting justices said the decision had no foundation in the Constitution and likely was an activist move that would be used to persecute Christians, such as Davis.
Also, critics have undermined the validity of the opinion, likening it to the Dred Scott decision in which the court affirmed slavery. Part of that is because two of the justices in the majority actively advocated for “same-sex marriage” while the decision was pending, in apparent violation of most accepted judicial ethics practices.
When she discontinued issuing any marriage licenses following Obergefell, four couples sued her, and Davis countersued Gov. Steve Beshear for violating her constitutional religious rights.
Beshear had asked that the case be dropped entirely, but the appeals panel refused his request.
Davis is represented by officials with the non-profit Liberty Counsel.
Davis has had pending before the appeals court a series of cases, including her challenge to Bunning’s original order to violate her faith and issue marriage licenses to same-sex couples. She also is challenging the contempt order that sent her to jail as well as Bunning’s huge expansion to his original order.
Staver has said his organization is working with Davis on a permanent accommodation for her religious beliefs.
“Lest anyone think what Kim Davis is facing is unique to her, you would be wrong. She is one of millions of people in the public and private sector whose deeply held religious convictions will collide with the opinion of the five Supreme Court justices issued just over two months ago,” he said.
One prominent religious leader, Rabbi Jonathan Cahn, author of the New York Times bestseller “The Harbinger” and the inspiration behind the “Isaiah 9:10 Judgment” movie, before the opinion was released, challenged the Supreme Court’s assumption that it even could rule on marriage.
“The justices of the Supreme Court took up their seats [in a hearing] on whether they should strike down the biblical and historic definition of marriage,” he said at a Washington prayer event. “That the event should even take place is a sign this is America of [George] Washington’s warning … a nation at war against its own foundation.”
He noted the court opens with the words “God save the United States and this honorable court.”
“If this court should overrule the word of God and strike down the eternal rules of order and right that heaven itself ordained, how then will God save it?”
He challenged the Supreme Court directly: “Justices, can you judge the ways of God? There is another court and there another judge, where all men and all judges will give account. If a nation’s high court should pass judgment on the Almighty, should you then be surprised God will pass judgment on the court and that nation? We are doing that which Israel did on the altars of Baal.”

See Jonathan’s Cahn’s message at Washington: Man of Prayer event at the Capitol last night.

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