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ACLU asks district court to enforce order after Davis altered licenses - The Trail Blazer: Life & Arts

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ACLU asks district court to enforce order after Davis altered licenses

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Posted: Monday, September 21, 2015 10:23 pm

The American Civil Liberties Union believes Kim Davis interfered with the issuance of marriage licenses and defied another court order.

The ACLU, which represents plaintiffs in a lawsuit against the Rowan County clerk, filed a motion in Kentucky District Court on Monday. Representatives asked the court to "enforce its September 3 and September 8 orders."

Miller vs. Davis

On Sept. 3, U.S. District Judge David Bunning found Davis in contempt of court after she said she would continue to deny marriage licenses to all couples. She was jailed for five nights before Bunning ordered her release on Sept. 8, citing the resumed issuance of marriage licenses by Rowan County deputy clerks.

Davis was released from jail on the condition she not interfere with the marriage license process.

But Davis altered the marriage license forms further when she returned to work on Sept. 14. A lawyer for Deputy Clerk Brian Mason filed a notice to Bunning last week after Mason expressed concern regarding the validity of the licenses.

Mason's lawyer said Davis removed all mentions of Rowan County, deleted her name, deleted all of the deputy clerk references and "in place of deputy clerk types in the name of Brian Mason ... has him initial rather than sign."

In the motion filed by the ACLU, the union suggested "should Davis again violate this Court’s order, she will have unfailingly demonstrated that the usual remedies for securing compliance are simply inadequate and that a receivership is an appropriate remedy pending her obedience, which may be induced via coercive civil monetary fines as appropriate and necessary.

"Plaintiffs respectfully request that this Court take the steps described above to enforce its September 3 and September 8 Orders and that Plaintiffs be awarded attorneys’ fees incurred in the preparation of their motions to enforce the Court’s Orders."

According to the document, the couples want Bunning to stop Davis from altering marriage licenses and order the office to resume issuing valid forms.

Davis is slated to appear in a pre-taped interview on ABC's "Good Morning America" on Tuesday.

To read the motion filed by ACLU in its entirety, click here.

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