By Marcia Coyle, from The National Law Journal

Lawyers for couples want clerk Kim Davis held in contempt for refusing to issue any marriage licenses.

A federal judge in Ashland, Kentucky, has summoned a county clerk who continues to defy a court order to issue same-sex marriage licenses, and her entire staff to appear Thursday to explain why she should not be held in contempt.

U.S. District Judge David Bunning acted swiftly following the filing of two contempt motions in Miller v. Davis on behalf of two same-sex and two opposite-sex couples denied marriage licenses by Rowan County clerk Kim Davis who claims religious objections to same-sex marriage. The motions were filed by the American Civil Liberties Union, the ACLU of Kentucky and cooperating attorneys.

“It is unfortunate that we’ve been compelled to take further action today to ensure that the people of Rowan County can obtain the marriage licenses they’re entitled to receive from their county clerk’s office,” Steven Shapiro, national legal director of the ACLU, said in a statement. “The law is clear and the courts have spoken. The duty of public officials is to enforce the law, not place themselves above it.”

From the contempt motion:

“Here, plaintiffs have established a prima facia case, in that they have shown by sufficient evidence that defendant Davis, in refusing to grant plaintiffs Miller and Roberts a marriage license following the U.S. Supreme Court’s denial of her most recent (and final) attempt to stay the August 12, 2015, preliminary injunction, has, in fact, violated a definite and specific order of this court. Because Davis cannot show either that she is unable to comply with the August 12, 2015, order or that she has taken all reasonable steps to comply, this court is left with no choice but to hold her in contempt.”

On Tuesday evening, the U.S. Supreme Court in Davis v. Miller denied Davis’ request for an emergency stay of the district court’s order pending the outcome of her appeal in the U.S. Court of Appeals for the Sixth Circuit.

In her request, Davis’ lawyers from Liberty Counsel argued: “This case is a matter of first impression, left unaddressed following the nascent Obergefell decision, with far reaching implications across the country for religious liberty.” Obergefell v. Hodges was the high court’s 5-4 decision in June upholding the right of same-sex couples to marry.

Davis said in a statement Tuesday: “I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience.”

The Supreme Court rejected her stay request without comment or dissent. One of the factors in granting a stay is whether the court is likely to review the case on the merits.

Davis is now under the district court order as well as the Kentucky governor’s order to issue the licenses or to resign. If Davis loses her Sixth Circuit appeal, she could again turn to the Supreme Court with her religious-conscience claim.

The plaintiffs’ motion for contempt is posted on the originating website. See link below.

IMAGE: Rowan County Clerk Kim Davis, right, talks with David Moore following her office’s refusal to issue marriage licenses at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses. Photo: Timothy D. Easley/AP

For more on this story go to: http://www.nationallawjournal.com/id=1202736172779/Defiant-Ky-Clerk-Ordered-to-Court-in-SameSex-Marriage-Standoff#ixzz3kacTZEIz