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ROWAN COUNTY, Kentucky, September 16, 2015 (LifeSiteNews) — A lawyer for embattled clerk Kim Davis says his client has won — despite a decision against her yesterday.

Liberty Counsel's Mat Staver says that while the Sixth Circuit Court of Appeals denied Davis' injunction request against Gov. Steve Beshear's order that clerks hand out gay “marriage” licenses, that was only a preliminary decision and one that is “rarely granted.”

In a partial victory for Davis, “the court also denied the governor's request to [have the case] be dismissed,” Staver told LifeSiteNews.

No matter how the Sixth Circuit Court definitively rules, however, Davis — who spent five days in jail for contempt of court — has already won because “she does not have her name and title affixed to the marriage certificates,” explained Staver.

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Davis and her attorneys will now open a new fight for religious liberty, this one inside the state of Kentucky. Staver argues that the state is “required” to protect Davis' rights because of the Kentucky Religious Freedom Restoration Act.

Staver said that Liberty Counsel is not arguing that the U.S. Supreme Court's decision to redefine marriage is invalid or unconstitutional. “We have our opinions on that 5-4 decision,” he told LifeSiteNews, “but that's not the argument … in the case.”

“The argument is that she is entitled to her religious liberty to accommodate her based upon her religious convictions.”

In addition to fighting against a federal court, Davis is electing to open up a new battle inside her state. Not only is she attempting to change how the state handles marriage licenses, but “we also want to make sure that what happened on Monday is long-term,” Staver said. “The governor can address it. … So can the legislature. The court can address that.”

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