Kim Davis, the infamous Kentucky clerk who made waves last summer when she refused to grant marriage licenses to newly-married same-sex couples, has filed a motion with an appeals court to have the entire incident expunged from her record.
The motion was filed with the U.S. Court of Appeals for the 6th Circuit Tuesday by Davis’ lawyers. Their argument is that because Kentucky law has recently changed to make it legal for clerks to abstain from granting marriage licenses on the basis of religion, the case brought against Davis last year is now moot “as the law now undeniably recognizes the simple accommodation she sought.”
If their litigation is successful, Davis’s record will be wiped clean and the court will be forced to vacate the previous court order that found Davis in contempt and sent her to jail for five days.
Interestingly enough, the lawyers of the same-sex couples who originally brought the case against Davis have no plans to oppose this move by Davis’s legal team.
“We agree that Kim Davis’ appeals should be dismissed,” Daniel Canon, one of those lawyers, told the Huffington Post. “Once the new Kentucky law becomes effective, all loving couples seeking to obtain marriage licenses will be able to do so on an equal basis.”
Canon, who was also involved in the historic Obergefell v. Hodges Supreme Court case, added that “On the eve of the one-year anniversary of the Supreme Court’s ruling, we’re pleased that same-sex couples can fully realize legal recognition of their love, including in Rowan County, Kentucky.”
Davis’ lawyers are set to bring oral arguments to court in July, which will likely result in a speedy acquittal for Davis. Though it might have been difficult for the team to make the religious argument this time last year, the new legislation all but puts the matter to rest.