Attorney: Embattled Ky. clerk "wants to treat everyone equally"
MOREHEAD, Ky. -- An attorney for Kim Davis, the Rowan County, Kentucky clerk who was jailed for refusing to issue same-sex marriage licenses, says his client "wants to treat everyone equally, however her conscience does not allow her to."
Harry Mihet, one of Davis' attorney, told CBSN on Sunday, a day before Davis is set to return to work, that she "is seeking the ability to refuse to issue marriages licenses to all couples - not just same sex couples." Mihet said his client's conscience does not allow her to issue same-sex marriages, saying it would go against her faith.
"The Supreme Court has said same-sex marriage is legal -- she's not trying to stop that," Mihet said. "However, the Supreme Court has not decided that those marriages can be issued by a specific person in a specific county -- irrespective of the damage that that would do to that person's conscience."
Mihet said his client respects the separation of church and state but still feels she shouldn't have to directly participate in issuing marriage licenses that go against her beliefs.
"The constitution and law do not force her to choose between her conscience and her livelihood," Mihet said.
"We ought to be able to find a solution here that would allow Kim Davis to do what she loves to do, serve the people of Rowan County, while at the same time not having to violate her conscience."
CBS News Correspondent Meg Oliver reports that over the weekend, Davis stayed out of sight. Mihet told the network she spent time reflecting on her faith and her freedom.
"She is still thinking and praying very long and very hard about what she will do," Mihet said. "I don't believe she has decided yet."
"Planting Peace," a non-profit organization, erected a new billboard in Morehead reading, "Dear Kim Davis, the fact that you can't sell your daughter for three goats and a cow means we've already redefined marriage."
The organization's director of operations, Davis Hammet, told CBS News that he's trying to send a message that will inspire Davis to think the situation through and "to recognize that she is acting as an agent of the government. And if she can't fulfill that duty, she needs to resign."
After five days behind bars, the 49-year-old Davis was released from jail last week. Her lawyer says a solution is still possible if they remove Davis' name, title and authority from the marriage licenses.
During her absence, deputy clerks issued marriage licenses and vowed to continue even after she returns.
On Friday, Davis filed a motion asking the court to let her continue banning marriage licenses for her entire office until a lawsuit against her is settled. The earliest a decision is expected on that motion is Wednesday morning, her attorney tells CBS News.