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Now that she has what might only be a temporary reprieve from being jailed over her religious convictions, Rowan County, Ky., Clerk Kim Davis has filed a suit against the highest target in the state, Kentucky’s Democrat Governor Steve Bashear, charging that his actions have caused her “irreparable injury” and that what he did led to the infringement of her First Amendment rights.
Davis, her surrogates and counsel have filed several suits now that she has been released from jail. One was an emergency stay motion filed on Friday because, they claim, an injunction against her was improperly expanded.
“The injunction against Kim Davis ordering her to issue marriage licenses cannot, without proper notice and briefing, be expanded to cover the entire world. That original injunction is moot and should be dismissed. We are asking the court of appeals to stay its enforcement now that plaintiffs received what they sought,” said Liberty Counsel founder and chairman Mat Staver, who is handling some of Davis’ legal work.
But Davis’ legal team also filed another suit, this one against the Blue Grass State’s Democrat Governor.
Davis is suing the governor after he met not with her–as the head of the Rowan County Clerk’s office–but with her son, who is one of her underlings.
Casey Davis, Kim Davis’ son, met for an hour with Governor Beshear on July 9 to discuss the clerk office’s general refusal to issue gay marriage licenses. During the July meeting, the governor told Casey Davis that he would not call a special session of the legislature to address the issue and refused to make any changes to the state’s laws or practices.
In her lawsuit, Kim Davis says that Beshear’s “order” was illegal because he has no power over her as an elected official and further says that his actions violate her First Amendment rights.
With all this, Davis and her legal team say she is “facing immediate and substantial harm and consequences for exercising her individual constitutional and statutory rights.”
For his part, Beshear is demanding that the court dismiss Davis’ case.
Davis will return to her office on Monday and, at least so far, is maintaining that she will again halt the distribution of marriage licenses to gay couples. If she does, she risks being arrested again by federal authorities.