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Ky. clerk's lawyers file emergency motion

Kim Davis jailed for not issuing gay marriage licenses

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(Ty Wright/Getty Images)

Lawyers for a Kentucky clerk in jail because she wouldn't issue marriage licenses to gay couples said Monday they have filed an emergency motion with a federal court, The Associated Press reported.

The attorneys for Kim Davis said they hope the move will result in her freedom.

Davis had refused to give licenses to same-sex couples after June's Supreme Court decision on grounds that issuing the licenses would violate her Christian convictions against same-sex marriage.

A federal judge ordered her to jail Thursday, ruling she was in contempt of court for refusing to issue the licenses and not allowing her deputies to distribute them for her.

U.S. District Judge David Bunning said Davis would remain behind bars until she complies. Five of her deputies agreed Thursday to issue marriage licenses in her absence and the Rowan County Clerk's Office began doing so the following day.

Monday's filing seeks to have Kentucky Gov. Steve Beshear not compel her to grant licenses to gay couples, the AP reported.

"The motion requests an injunction pending appeal for an exemption from the Governor's mandate that all county clerks issue marriage licenses," Liberty Counsel said in a statement said.

Charla Bansley, communications director for Liberty Counsel, said Davis could be released from jail immediately if the motion were granted by the U.S. Court of Appeals for the Sixth Circuit.

Some scoff at the clerk, suggesting she's a hypocrite because she has been divorced three times.

Davis said she's a different person since becoming a Christian four and a half years ago.

"I am not perfect," she said in a statement. "No one is. But I am forgiven."

Staver said Davis occupies a cell by herself. She slept well the first night and has been studying the Bible, he said.

"She has a clean conscience even though she's incarcerated behind these bars," attorney Mat Staver said.