Two groom wedding cake toppers.

Kim Davis Requests Dismissal Of Her Appeal – But Not Because She Changed Her Mind

On Tuesday Kim Davis moved to dismiss her appeal of a Kentucky federal court’s ruling that she must issue marriage licenses to same-sex couples, despite her argument that it was against her religious beliefs.  She was thrown in jail for 5 days for contempt when she refused to follow the court’s order.

Davis appealed the court’s decision and the hearing was scheduled for next month. But Davis wants to dismiss the appeal – not because she had a change of heart. She wants to dismiss the appeal because she believes it now to be moot given a law that was approved in April that removed the county clerks’ names and authorizations from Kentucky marriage licenses. Her refusal to authorize marriage licenses to same-sex couples is not an issue if her authorization is no longer required on any marriage license.

Davis’ seeking to dismiss her own appeal may provide insight into the rationale driving individual opponents of same-sex marriage in the United States, particularly those occupying positions of government authority. Ms. Davis appears to consider her issuing of marriage licenses acceptable insofar as her identity is not disclosed along with the certificate, affording her the ability to distance herself, individually, from an act that violates her religious principles. Perhaps future laws in the United States will follow the Kentucky law removing clerks’ names from certificates in order to diminish the likelihood of situations paralleling that of Kim Davis from arising elsewhere.

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AiVi Nguyen
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AiVi Nguyen

AiVi Nguyen is a business lawyer with a specialty in litigation, a practical strategist with a focus on complex contract, real estate and employment disputes. AiVi represents businesses of all sizes and in all stages of growth in Massachusetts, Connecticut, and Rhode Island in a wide variety of industries spanning from healthcare to craft breweries. “I think of myself as a problem solver,” she says. AiVi’s goal is to get her clients the best result in the most efficient manner. Sometimes that means taking a matter all the way through trial, where AiVi has proven to be an aggressive and successful advocate.

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About the Authors

AiVi Nguyen
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AiVi Nguyen

AiVi Nguyen is a business lawyer with a specialty in litigation, a practical strategist with a focus on complex contract, real estate and employment disputes. AiVi represents businesses of all sizes and in all stages of growth in Massachusetts, Connecticut, and Rhode Island in a wide variety of industries spanning from healthcare to craft breweries. “I think of myself as a problem solver,” she says. AiVi’s goal is to get her clients the best result in the most efficient manner. Sometimes that means taking a matter all the way through trial, where AiVi has proven to be an aggressive and successful advocate.

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