CINCINNATI, OH — Tuesday, Liberty Counsel filed a legal memo with the Sixth Circuit Court of Appeals seeking emergency relief from the Contempt Order, which still remains only a verbal order, as Judge Bunning has not yet issued a written order.
Regarding the Contempt Order, Liberty Counsel argues it violates Kim Davis’ Due Process rights. The plaintiffs never requested jail but instead requested fines. Judge Bunning limited Kim’s response to five pages when the rules allow 20 pages. It appeared that Judge Bunning prearranged for the Carter County Detention Center jailer to be present at the hearing without ever notifying the parties he intended from the outset to send Kim Davis to jail. Judge Bunning never provided for lesser fines but went straight to punishment, thus essentially converting a civil contempt into a criminal contempt without notifying Kim Davis. Liberty Counsel also argues that Judge Bunning’s Contempt Order violated principles of federalism because he injected the federal government into the management of a state agency. Finally, Liberty Counsel argues the Contempt Order violated the federal Religious Freedom Restoration Act because imprisonment is not the least restrictive means to achieve the government’s interest when it infringes on religious freedom.
Mat Staver, Founder and Chairman of Liberty Counsel, commented: “Our immediate goal is to free Kim Davis. She does not belong in jail. We are requesting the appellate court to act quickly because an innocent person has lost her freedom without receiving the proper due process of law.”
There will be a press conference outside the jail at 2:30 PM, followed by a prayer rally outside at 3:00 PM. The address is Carter County Detention Center, 13 Crossbar Road, Grayson, KY.