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If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this order and appropriate sanctions will be considered." Bunning's order also stated that Davis' deputy clerks must continue to comply with his earlier order to issue marriage licenses and to submit status reports to him every fourteen days confirming their compliance.
Davis, who had become an Apostolic Christian in 2011, refused and began denying marriage licenses to all couples to avoid issuing them to same-sex couples, citing religious opposition to same-sex marriage, and saying she was acting "under God's authority". Davis continued to defy the court order, refusing to issue marriage licenses, and was ultimately jailed for contempt of court.
Four couples were represented by the American Civil Liberties Union (ACLU) of Kentucky and two couples each had separate legal representation. Bunning of the United States District Court for the Eastern District of Kentucky, the judge assigned to the cases, held hearings with Davis in Ashland, at which she was the only witness.
Davis argued tearfully that issuing licenses under her name violated her beliefs, citing her religious rights under the First Amendment: "It wasn't just a spur-of-the-moment decision", she said.
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Before the stay expired, the United States Court of Appeals for the Sixth Circuit refused to extend that ruling for an appeal.
"It cannot be defensibly argued that the holder of the Rowan County clerk's office ... On August 31, 2015, in a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from legally continuing to deny marriage licenses.
David Ermold and David Moore, a same-sex couple from Morehead, Kentucky and alumni of Morehead State University, released video footage on July 7, 2015, of Davis refusing to issue them a marriage license and requesting that they turn off their camera.
Six couples who were denied marriage licenses from Davis sued her in her official capacity as county clerk.
"It was thought out, and I sought God on it." Governor Beshear stated that he would not call a special session of the General Assembly to address Davis' concerns, while other state legislators believed that such a session could accommodate Davis with possible new legislation.
stated that the plaintiffs were free to drive to other counties to obtain their same-sex marriage licenses, with one adding, "This case is not about these plaintiffs' desires to get married, the case is about [their] desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs." Davis and her attorneys then sued Governor Beshear for ordering her to violate her religious beliefs instead of trying to accommodate them, arguing that Beshear, not Davis, should be held accountable for any legal damages from the ACLU lawsuit.
Only her son, Nathan Davis, told the judge he refused to comply with the court's order to start issuing marriage licenses; Bunning declined to hold him in contempt.