Thursday, August 27, 2015
The Sixth Circuit's brief Order in Miller v. Davis refused to stay the district court's preliminary injunction mandating that a court clerk in Kentucky issue same-sex marriage licenses (or any marriage licenses) despite her claim of free exercise of religion.
Here's the essence of the Sixth Circuit panel opinion:
The request for a stay pending appeal relates solely to an injunction against Davis in her official capacity. The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.
This should be the end of this litigation?