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| Deputies of Kentucky clerk jailed over gay marriage stance will issue licenses | Deputies of Kentucky clerk jailed over gay marriage stance will issue licenses |
| (35 minutes later) | |
| A federal judge has placed a defiant Kentucky county clerk into the custody of US marshals for refusing to issue same-sex marriage licenses and ordered her office to begin processing the necessary paperwork again on Friday morning. | |
| In a winding five-hour hearing on Thursday, five of six deputies at the Rowan County clerk Kim Davis’s office told US district judge David Bunning they would comply with his order – grudgingly, in some cases, as one said it was the “hardest thing” she had ever been asked to do. | |
| Bunning ordered Davis into custody earlier in the day, saying her religious beliefs don’t supersede her mandate to comply with a court order. | |
| The judge later sought a resolution that would keep Davis out of jail. He told her six deputies that they are free to follow the law, overruling an objection from her lawyer, who argued that they can’t act against the clerk’s authority. All but the clerk’s son, Nathan, later promised to comply. | The judge later sought a resolution that would keep Davis out of jail. He told her six deputies that they are free to follow the law, overruling an objection from her lawyer, who argued that they can’t act against the clerk’s authority. All but the clerk’s son, Nathan, later promised to comply. |
| Davis was summoned back to court and offered the option to go free as long as she did not interfere with her deputies issuing the licenses. Through her attorneys, she declined. | |
| “We cannot represent to the court that Ms Davis would allow licenses to be issued,” her attorney said. | |
| The judge then ordered her to remain in custody, freeing the deputies to begin issuing the licenses on Friday. Upon the hearing’s conclusion, Bunning said he expects compliance, even with the clerk’s continued dissent. | |
| “I hope that everyone will be civil,” he said. | |
| Davis has refused to issue licenses to any couples, gay or straight, since the US supreme court in June ruled that same-sex couples have the right to marry under the US constitution. | |
| Davis had testified that four of her six deputies agree with her decision to not issue marriage licenses. Five later told Bunning that they would follow his order to issue the licenses, albeit with objection. | |
| Deputy clerk Melissa Thompson told Bunning that she doesn’t really want to, but she will comply with the law. | Deputy clerk Melissa Thompson told Bunning that she doesn’t really want to, but she will comply with the law. |
| She wept and said: “I’m a preacher’s daughter, and this is the hardest thing I’ve ever had to do in my life.” | She wept and said: “I’m a preacher’s daughter, and this is the hardest thing I’ve ever had to do in my life.” |
| And an attorney for deputy clerk Kristie Plank said she’s reluctant but will issue the licenses. The attorney cited Plank’s 11-year-old child and financial and family obligations, saying she can’t go to jail. | And an attorney for deputy clerk Kristie Plank said she’s reluctant but will issue the licenses. The attorney cited Plank’s 11-year-old child and financial and family obligations, saying she can’t go to jail. |
| Related: Kentucky clerk is one of three in county refusing to issue marriage licenses | Related: Kentucky clerk is one of three in county refusing to issue marriage licenses |
| The order to jail Davis prompted a fierce response outside the courtroom, where hundreds of protesters had gathered. Hundreds of people chanted and screamed “Love won! Love won!” as word of the decision reached the crowds outside the federal courthouse. | |
| Presidential candidate Hillary Clinton responded to the news on Twitter: | Presidential candidate Hillary Clinton responded to the news on Twitter: |
| Marriage equality is the law of the land. Officials should be held to their duty to uphold the law—end of story. https://t.co/9WfxgULBga | Marriage equality is the law of the land. Officials should be held to their duty to uphold the law—end of story. https://t.co/9WfxgULBga |
| The White House, too, weighed in on Thursday, saying that no public official – including Davis – was above the law. | The White House, too, weighed in on Thursday, saying that no public official – including Davis – was above the law. |
| “On principle, the success of our democracy depends on the rule of law. And there is no public official that is above the rule of law,” Josh Earnest, the White House press secretary, told reporters at his daily briefing. “Certainly not the president of the United States, but neither is the Rowan County clerk. That’s a principle that is enshrined in our constitution and in our democracy and it’s one that obviously the courts are seeking to uphold.” | “On principle, the success of our democracy depends on the rule of law. And there is no public official that is above the rule of law,” Josh Earnest, the White House press secretary, told reporters at his daily briefing. “Certainly not the president of the United States, but neither is the Rowan County clerk. That’s a principle that is enshrined in our constitution and in our democracy and it’s one that obviously the courts are seeking to uphold.” |
| Asked if Davis should be in jail, Earnest said he would not, from his vantage point, second-guess the decision of a federal judge. | Asked if Davis should be in jail, Earnest said he would not, from his vantage point, second-guess the decision of a federal judge. |
| Republican presidential candidate Mike Huckabee called the ruling “the criminalization of Christianity” and voted to travel to Kentucky next week. | Republican presidential candidate Mike Huckabee called the ruling “the criminalization of Christianity” and voted to travel to Kentucky next week. |
| I'm headed to Kentucky on Tuesday to stand with #KimDavis. We must end the criminalization of Christianity! #ImWithKim | I'm headed to Kentucky on Tuesday to stand with #KimDavis. We must end the criminalization of Christianity! #ImWithKim |
| Four couples filed a federal lawsuit in July challenging Davis’s office policy not to issue licenses and Bunning in August ruled for the couples, finding that Davis had to live up to her official duties as a county clerk despite her religious beliefs. | Four couples filed a federal lawsuit in July challenging Davis’s office policy not to issue licenses and Bunning in August ruled for the couples, finding that Davis had to live up to her official duties as a county clerk despite her religious beliefs. |
| Davis has appealed against his order to the US court of appeals for the sixth circuit, which turned down her request for a stay pending appeal last week. The US supreme court on Monday also turned down her request for an emergency stay. | Davis has appealed against his order to the US court of appeals for the sixth circuit, which turned down her request for a stay pending appeal last week. The US supreme court on Monday also turned down her request for an emergency stay. |
| “To me this has never been a gay or lesbian issue,” Davis said in a statement this week. “It is about marriage and God’s word. It is a matter of religious liberty.“ | “To me this has never been a gay or lesbian issue,” Davis said in a statement this week. “It is about marriage and God’s word. It is a matter of religious liberty.“ |
| The American Civil Liberties Union of Kentucky, which represents the couples who filed the original contempt order, said on Tuesday the law is clear. “The duty of public officials is to enforce the law, not place themselves above it,” it said. | The American Civil Liberties Union of Kentucky, which represents the couples who filed the original contempt order, said on Tuesday the law is clear. “The duty of public officials is to enforce the law, not place themselves above it,” it said. |
| Related: Kentucky clerk denying licenses to gay couples has married four times | Related: Kentucky clerk denying licenses to gay couples has married four times |
| Early on, Bunning indicated his office has been inundated this week with up to 2,000 calls regarding the case. Interested observers traveled from across the midwest to attend the hearing. | |
| “In fact, I had to turn the phone off to voicemail,” he told a packed courtroom. | |
| When the 49-year-old Davis took the stand at about 11.30am, she broke down at times, when asked about the day she found God. | |
| “I did a lot of wicked things in my time,” she said through tears. | |
| Davis, a Democrat, earns $80,000 annually; she took office in January after winning a close election last fall. | |
| In court on Thursday, Bunning cycled through a series of motions filed in recent days by Davis’s attorneys from the Christian nonprofit Liberty Counsel, before addressing the contempt motion filed this week by the American Civil Liberties Union of Kentucky. | In court on Thursday, Bunning cycled through a series of motions filed in recent days by Davis’s attorneys from the Christian nonprofit Liberty Counsel, before addressing the contempt motion filed this week by the American Civil Liberties Union of Kentucky. |
| The 49-year-old clerk took the stand to argue why she shouldn’t be held in contempt of court. It was, her attorneys argued, a “factually impossible” order. | The 49-year-old clerk took the stand to argue why she shouldn’t be held in contempt of court. It was, her attorneys argued, a “factually impossible” order. |
| Davis’s attorney Roger Gannam asked the clerk for her definition of marriage. “Marriage is a union between one man and one woman,” she said. | Davis’s attorney Roger Gannam asked the clerk for her definition of marriage. “Marriage is a union between one man and one woman,” she said. |
| Asked if she was capable of believing otherwise, Davis said: “No.” | Asked if she was capable of believing otherwise, Davis said: “No.” |
| Bunning wasn’t swayed. After listening to testimony from Morehead resident April Miller, one of the plaintiffs in the case, he said: “The court finds that the plaintiffs have established that [Davis] has and will continue to disobey this court’s order. | Bunning wasn’t swayed. After listening to testimony from Morehead resident April Miller, one of the plaintiffs in the case, he said: “The court finds that the plaintiffs have established that [Davis] has and will continue to disobey this court’s order. |
| “She’s failed to establish factually why she can’t comply,” he said, adding her sincerely held beliefs fail to demonstrate a “factual impossibility”. | “She’s failed to establish factually why she can’t comply,” he said, adding her sincerely held beliefs fail to demonstrate a “factual impossibility”. |
| Davis is represented by Liberty Counsel, a Christian religious advocacy organization, which said in court papers on Wednesday an injunction would halt the “irreversible implications on Davis’ conscience” while she appeals the case. | Davis is represented by Liberty Counsel, a Christian religious advocacy organization, which said in court papers on Wednesday an injunction would halt the “irreversible implications on Davis’ conscience” while she appeals the case. |
| Mat Staver, founder and chairman of Liberty Counsel, said: “Everyone is stunned at this development. Kim Davis is being treated as a criminal because she cannot violate her conscience. While she may be behind bars for now, Kim Davis is a free woman. Her conscience remains unshackled.” | Mat Staver, founder and chairman of Liberty Counsel, said: “Everyone is stunned at this development. Kim Davis is being treated as a criminal because she cannot violate her conscience. While she may be behind bars for now, Kim Davis is a free woman. Her conscience remains unshackled.” |
| Kentucky’s governor, Steve Beshear, a Democrat, ordered all county clerks to issue marriage licenses to same-sex couples, but has no authority over Davis’s office. | |
| Before the hearing on Thursday morning, about 100 people stood outside the US district court in Ashland carrying signs that said “Kim Davis does not speak for my religious beliefs” and “My gay friends pay taxes, which pay your rent”. | Before the hearing on Thursday morning, about 100 people stood outside the US district court in Ashland carrying signs that said “Kim Davis does not speak for my religious beliefs” and “My gay friends pay taxes, which pay your rent”. |
| Unlike Davis, her town of Morehead has “many churchgoers” who support equal rights, said Thomas Albert, 25, who waited in line to get a seat in the courtroom. | Unlike Davis, her town of Morehead has “many churchgoers” who support equal rights, said Thomas Albert, 25, who waited in line to get a seat in the courtroom. |
| “Being a Morehead citizen and a taxpayer, I think it’s important she does her job,” Albert told the Guardian. | “Being a Morehead citizen and a taxpayer, I think it’s important she does her job,” Albert told the Guardian. |
| Across the street, a pair of middle-aged men took turns speaking out against homosexuality and shouting Bible verses at the crowd through a public-address system. | Across the street, a pair of middle-aged men took turns speaking out against homosexuality and shouting Bible verses at the crowd through a public-address system. |