Kim Davis, the elected clerk of Rowan County, Kentucky, has lost another legal round in her fight not to issue marriage licenses to gay and lesbian coupes.

Davis served five days in jail for refusing to comply with U.S. District Court Judge David Bunning's ruling ordering her to issue marriage licenses to all qualified couples. Davis has said that issuing marriage licenses to gay couples would violate her conscience.

Davis' lawyer, Mat Staver, chairman of the Christian conservative Liberty Counsel, last week asked the Sixth Circuit Court of Appeals in Cincinnati to stay Bunning's order because all of the plaintiff couples in a same-sex relationship were issued marriage licenses by her deputies during her absence. The appeals court denied the request on a technicality, saying that Bunning must first consider the request.

Bunning on Wednesday denied the request.

“It would essentially allow her to reinstate her 'no marriage licenses' policy during the pendency of the appeal and likely violate the constitutional right of eligible couples,” he wrote.

Staver called the move “a formality” before he could return to the appeals court.

On Wednesday, Davis appeared on Fox News, where she said that she would deny even her children marriage licenses, if they were gay.