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Certain part of the republican party that wants to make the assault on culture more mainframe. do you think mike huckabee wants kim davis in jail or out of jail? >> today, he wants to re-enact letter from a birmingham jail. there's a lot of civil rights imagery heaped on kim davis, inappropriately, in my opinion. they are going to try to play that out. it's a weak hand politically. i think most people understand, first of all, 49% of the country is in favor of same-sex marriage. the tide is going in that direction. the supreme court ruled on this. this is done. you are not going to overrule it...

To visit davis. joining us now is roger. thanks for being here on "new day." can you tell us the status of your appeal to try to get kim davis out of jail? >> thank you for having me. kim davis, right now, has four orders of appeal in the sixth circuit. numerous errors have been committed in the trial proceedin proceedings. we have taken steps to address them in turn. most recently, we filed an emergency motion for injunction pending an appeal, seeking what governor bashir should have granted kim a long time ago. that's an accommodation of her religious conscience. >> as you know, there is one...

Governor bashir has the power to grant this accommodation. under kentucky law, specifically kentucky's freedom restoration. the governor has a duty to do it. accommodation of her conscience is the law, she is not defieing the law. >> we have heard from legal experts that say kim davis took an oath to uphold the law and the constitution, even as it changes, as it did on her watch. the easy answer is for her, if she doesn't feel she can perform her duties anymore, to resign. >> that's not the right answer. because, like i said, accommodation of religious conscience is the law in kentucky, includ...

What do you expect is going to happen? >> well, i think we are going to see an intensification of the national outcry here against this injust imprisonment. the fact presidential candidates are taking their time to come out to kim's aid tells how big of a story it is. i expect there will be thousands of people there. i expect the movement will only grow from here. >> if your appeal is granted, when is the earliest kim davis could get out of jail? >> well, as soon as any order comes out of the sixth circuit granting any of our appeals or motions, her release should be immediate. certainly, the ...

Refusing to issue marriage licenses. her lawyers filed an emergency appeal for her release. a lot to get to with martin savidge, good morning to you, martin. >> reporter: good morning. it's going to be a very big day in a small town. mike huckabee spoke on the telephone to kim davis. this is going to be his opportunity to meet with her face-to-face inside the jail cell, then hold a rally after that. it's called the, i'm with kim liberty rally. the crowds are expected to be so large they canceled area schools to try to alleviate the traffic problems. there were rallies in support of davis outsi...