The case of Kim Davis, the Rowan County clerk, is not about granting marriage licences to same-sex couples but forcing Christians to violate their religious beliefs, Davis' lawyers contended.
In a filing with the 6th Circuit Court of Appeals on Monday, Davis' lawyers said US District Judge David Bunning, who issued the injunction and imprisonment of Davis, erred in his decisions as he violated her right to due process and religious freedom.
Davis imposed a no marriage licence policy on her office after the US Supreme Court legalised same-sex marriage (SSM) last June.
Davis, the filing read, "has consistently argued that there were multiple alternatives by which her undisputed sincerely held religious beliefs protected by the Kentucky Religious Freedom Restoration Act and the First Amendment, both of which predate and survive Obergefell, could be accommodated while simultaneously ensuring individuals who are qualified to marry under Kentucky law may obtain valid marriage licences in Rowan County," according to WND.
"In a rush to judgment that promoted expediency over due process, the district court's original injunction [from Bunning] in this dispute tramples upon Davis' religious rights in subjugation to plaintiffs' 'preference' for a marriage licence authorised by a particular person in a particular county," it said.
The filing said same-sex couple's "purported rights should not trump Davis' undisputed sincerely held religious beliefs."
It said the plaintiffs could have gone to a different county to get their marriage licence.
"Marriage licences – including licences issued to same-sex couples — are and have been readily available across Kentucky in more than 130 locations, and plaintiffs are indisputably financially and physically able to drive to those locations to secure a licence, as shown by their 60-mile and 100-mile trips to attend court hearings," the brief said.
The lawyers argued that nothing in the Supreme Court decision "compels states to accomplish recognition [or equal treatment] of SSM by invading and trampling upon the conscience of individual county clerks, as occurred with the SSM mandate."
It said Davis' imprisonment was done "without affording her appropriate due process, violating her rights under the Federal Religious Freedom Restoration Act, and discarding fundamental principles of federalism and comity by commandeering a state office run by a publicly elected official."
Davis tried to get accommodation for the religious beliefs from the legislature or the governor but none responded.
It said the same-sex couples targeted a Christian from which to get their licence.
"Plaintiffs admitted that they never even attempted to obtain a licence in any county other than Rowan County, despite the widespread availability of such licences and even though plaintiffs have the economic means and no physical handicap preventing such travel. ... In fact, plaintiffs only attempted to obtain a marriage licence from the Rowan County clerk's office after becoming aware of Davis' religious objections to SSM," it said.
