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Breaking: Kim Davis’ Lawyers Just Made This Major Move To Try And Free Her From Jail
Lawyers for jailed Kentucky clerk Kim Davis said Monday they have filed an emergency motion with a federal court in order to free Davis while her appeals are pending. The filing comes after a weekend of prayer vigils outside the jail where Davis is being held for her refusal to issue marriage licenses to same-sex couples.
“Today is a holiday where most people are spending time with family and friends,” said a written statement by Mathew Staver, founder and chairman of Liberty Counsel, which is representing Davis. “But for Kim Davis, this is Day 5 of her incarceration.”
The new filing seeks to have Kentucky Gov. Steve Beshear accommodate Davis’ “religious conviction,” and not compel her to grant licenses to gay couples, Liberty Counsel said in a statement.
“The motion requests an injunction pending appeal for an exemption from the Governor’s mandate that all county clerks issue marriage licenses,” the statement said.
Charla Bansley, communications director for Liberty Counsel, said Davis could be released from jail immediately if the U.S. Court of Appeals grants the motion.
The new motion outlines avenues that can address all sides.
“There are multiple alternatives available by which individuals can obtain (same sex marriage) licenses without voiding Davis’ conscience and stripping Davis of her liberties,” the motion said, according to a copy posted online.
The lawyers suggested an “opt-out exemption” in the marriage license process, deputizing a neighboring county clerk, taking Davis’ name off of marriage licenses and letting the state distribute the licenses.
“The fact that Kim Davis remains in jail today is an American tragedy that should arouse the conscience of America,” said one of her lawyers, Harry Mihet.
Davis considers it “undue pressure” on her beliefs, and the appeal that has been filed compared her objections to “forcing the religious objecting nurse to perform an abortion… the religious objecting non-combatant to fire on an enemy soldier, or the religious objecting state official to participate in or attend the execution of a convicted prisoner.”
“The mandate commanding Davis to affix her name to SSM licenses also violates her fundamental free speech rights protected by the United States and Kentucky Constitutions,” her appeal contends.
The jail where Smith is held was the site of multiple marches over the weekend.
“Aren’t you thankful we have somebody who actually has backbone to stand up to wickedness in high places?” Rev. Randy Smith asked the crowd on Saturday.
“We’re here praying for Kim Davis, and trusting God to release her,” said Cal Zestrow, organizer of a similar Saturday vigil. Zestrow said the crowd was there to show love to Davis, who they said was wrongly jailed.
“It’s about God. That’s the main important thing. They’re trying to take our religious freedom from us, and we want to make a stand and show them that they can’t take our religious freedom from us,” said Jim Davis, Kim’s husband.
h/t: TheBlaze
This post originally appeared on Western Journalism – Equipping You With The Truth
Source: http://www.westernjournalism.com/breaking-kim-davis-lawyers-just-made-this-major-move-to-try-and-free-her-from-jail/
