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Kentucky clerk jailed over refusal to issue marriage licenses to gay couples Deputies of Kentucky clerk jailed over gay marriage stance will issue licenses
(35 minutes later)
A federal judge has held a Kentucky county clerk who has refused to issue same-sex marriage licenses in contempt of court, saying her religious beliefs don’t supersede her mandate to comply with a court order. Deputies for a Kentucky county clerk who was jailed for her refusal to issue same-sex marriage licenses are expected to issue them to all couples beginning Friday morning.
In a two-hour hearing on Thursday morning which prompted a heated exchange outside the US district courthouse in Ashland between supporters and opponents of same-sex marriage, Judge David Bunning said Rowan County clerk Kim Rowan’s “good faith belief is simply not a viable defense in this civil contempt proceeding”. Federal judge David Bunning held Rowan County clerk Kim Davis in contempt of court on Thursday, saying her religious beliefs don’t supersede her mandate to comply with a court order.
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. In a two-hour hearing on Thursday morning which prompted a heated exchange outside the US district courthouse in Ashland between supporters and opponents of same-sex marriage, Bunning said Davis’s “good faith belief is simply not a viable defense in this civil contempt proceeding”.
Bunning ordered Davis – who, citing “God’s authority”, drew international headlines this week for her defiance of a supreme court order to issue marriage licenses – ordered her to be held indefinitely because a financial penalty would “simply be insufficient” to compel her to follow his 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.
But because Davis refused to allow her deputies to issue licenses, the judge ordered her to remain in custody, freeing the deputies to begin doing so on Friday.
Davis herself 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.
Bunning ordered Davis – who, citing “God’s authority”, drew international headlines this week for her defiance – to be held indefinitely because a financial penalty would “simply be insufficient” to compel her to follow his order.
“You don’t strike me as someone who’s contentious,” Bunning said. “I simply [find that] making this contempt finding is necessary.”“You don’t strike me as someone who’s contentious,” Bunning said. “I simply [find that] making this contempt finding is necessary.”
He added: “Oaths mean things.”He added: “Oaths mean things.”
Before being escorted out of the courtroom my US marshals, a stone-faced Davis, dressed in a long skirt and gray shirt, turned to Bunning and said: “Thank you, judge.”Before being escorted out of the courtroom my US marshals, a stone-faced Davis, dressed in a long skirt and gray shirt, turned to Bunning and said: “Thank you, judge.”
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 Davis, later promised to comply.
The judge said that neither Nathan Davis nor his mother would have to be jailed as long as the others issue licenses to both gay and heterosexual couples. He then ordered that Kim Davis be returned to his courtroom, and said she would go free as long as she agrees not to interfere.The judge said that neither Nathan Davis nor his mother would have to be jailed as long as the others issue licenses to both gay and heterosexual couples. He then ordered that Kim Davis be returned to his courtroom, and said she would go free as long as she agrees not to interfere.
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 issues 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 licensesRelated: Kentucky clerk is one of three in county refusing to issue marriage licenses
The order immediately prompted a fierce response outside the courtroom, where hundreds of protesters gathered ahead of the hearing. Hundreds of people chanted and screamed “Love won! Love won!” as word of the decision reached the crowds outside the federal courthouse.The order immediately prompted a fierce response outside the courtroom, where hundreds of protesters gathered ahead of the hearing. Hundreds of people chanted and screamed “Love won! Love won!” as word of the decision reached the crowds outside the federal courthouse.
Even presidential candidate Hillary Clinton weighed in on the news, tweeting that “officials should be held to their duty to uphold the law – end of story”. 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/9WfxgULBgaMarriage 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.“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. 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.”
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.
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 timesRelated: Kentucky clerk denying licenses to gay couples has married four times
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.”
Kentucky 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.Kentucky 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.