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Kentucky clerk Kim Davis released from jail after judge lifts contempt ruling Kentucky clerk Kim Davis released from jail after judge lifts contempt ruling
(about 1 hour later)
A Kentucky county clerk has been released six days after a federal judge put her in jail for refusing to issue marriage licenses to gay couples, and her attorneys contend licenses issued in her absence are “not valid”. A Kentucky county clerk on Tuesday emerged from jail six days after a federal judge put her behind bars for refusing to issue marriage licenses to gay couples, as her attorneys reasserted that licenses issued in her absence are “not valid”.
With tears in her eyes, and having emerged on a stage to the tune of Survivor’s Eye of the Tiger, Kim Davis thanked the crowd for their support.
“I just want to give God the glory,” she said. “His people have rallied and you are a strong people. We serve a living God who knows exactly where each and every one of us is at. Just keep on pressing. Don’t let down. Because he is here; he is worthy; he’s worthy. I love you guys. Thank you so much.”
In an order issued Tuesday, US federal judge David Bunning, who remanded Davis to US marshals during a high-profile hearing last week, ordered the Rowan County clerk released from jail on the condition she doesn’t interfere with efforts by her deputies to issue marriage licenses.In an order issued Tuesday, US federal judge David Bunning, who remanded Davis to US marshals during a high-profile hearing last week, ordered the Rowan County clerk released from jail on the condition she doesn’t interfere with efforts by her deputies to issue marriage licenses.
“If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered,” Bunning wrote in the two-page order.“If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered,” Bunning wrote in the two-page order.
Shortly after 2.30pm ET, Davis left the Carter County detention center, flanked by her husband, Joe Davis; her attorney; and Republican presidential candidate Mike Huckabee, who was in town to attend a rally in support of Davis. Davis left the Carter County detention center shortly after 2.30pm ET, flanked by her husband, Joe Davis; her attorney; and Republican presidential candidate Mike Huckabee, who was in town to attend a rally in support of Davis.
Standing next to Davis outside the detention center, Huckabee said the clerk demonstrated more courage than “any politician” he knows.Standing next to Davis outside the detention center, Huckabee said the clerk demonstrated more courage than “any politician” he knows.
“If somebody needs to go to jail, I’m willing to go in her place, and I mean that,” Huckabee said. “I’m tired of watching people being harassed because they believe something of their faith.”“If somebody needs to go to jail, I’m willing to go in her place, and I mean that,” Huckabee said. “I’m tired of watching people being harassed because they believe something of their faith.”
Matt Staver, founder and chairman of Liberty Counsel, a Christian non-profit representing Davis in the case, told reporters Davis had “no idea this was coming”.Matt Staver, founder and chairman of Liberty Counsel, a Christian non-profit representing Davis in the case, told reporters Davis had “no idea this was coming”.
I was honored to meet w/ #KimDavis. A woman of such strong faith and conviction. #ImWithKim #ReligiousLiberty pic.twitter.com/RhcaENaA6iI was honored to meet w/ #KimDavis. A woman of such strong faith and conviction. #ImWithKim #ReligiousLiberty pic.twitter.com/RhcaENaA6i
The licenses issued by Davis’ deputies over the weekend were provided “without her authority,” Staver said, underscoring a significant dispute in recent days over Bunning’s order. “They are not valid.” Underscoring a significant dispute in recent days over Bunning’s order, Staver said the licenses issued by Davis’s deputies over the weekend were provided “without her authority”.
Asked about her time in jail, Davis said: “All has been well.” The clerk is expected to speak at the end of a rally outside the detention center, which began around 2.45 pm ET. “They are not valid,” he said.
The order from Bunning came as a surprise to observers, as Davis, in court last week, Davis rejected an offer from the judge to remain free after her deputies agreed to comply with his order and issue marriage licenses. Davis said she wouldn’t authorize them to do so. Bunning then remanded her to the custody of US marshals indefinitely, until she agreed to abide by his order, or if the judge found the circumstances appropriate to lift her sanctions. Davis has no intention of resigning and plans to return to work “later this week”, Staver said.
Earlier Tuesday, attorneys for the plaintiffs who filed a suit against Davis – alleging they were wrongly refused marriage licenses by Davis’s office, following the US supreme court’s 26 June decision to legalise same sex-marriage – filed a status report with Bunning that showed their clients obtained a marriage license. Asked about her time in jail, Davis said: “All has been well.”
Bunning wrote, “The Court is therefore satisfied that the Rowan County Clerk’s Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples, consistent with the US supreme court’s holding” that same-sex marriage was legal. The order from Bunning came as a surprise to observers, as Davis, in court last week, rejected an offer from the judge to remain free after her deputies agreed to comply with his order and issue marriage licenses. Davis said she wouldn’t authorize them to do so. Bunning then remanded her to the custody of US marshals indefinitely, until she agreed to abide by his order, or if the judge found the circumstances appropriate to lift her sanctions.
The order came just hours ahead of a planned rally outside the Carter County detention center, where Davis has been held since 3 Sept. Republican presidential candidates Ted Cruz and Huckabee were expected to meet with Davis, a Democrat, on Tuesday afternoon. Earlier Tuesday, attorneys for the plaintiffs who sued against Davis – alleging they were wrongly refused marriage licenses by Davis’s office, following the US supreme court’s 26 June decision to legalise same sex-marriage – filed a status report with Bunning showing their clients obtained a marriage license.
The Huckabee and Cruz campaigns didn’t immediately respond to a request for comment. Davis’ attorneys at Liberty Counsel couldn’t be immediately reached; a spokesperson said a statement would be forthcoming. Bunning said he was therefore “satisfied that the Rowan County Clerk’s Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples”.
Bunning ordered the court-appointed attorneys for the five deputy clerks who said they would issue marriage licenses to file a status report every 14 days “on their clients’ respective compliance” with the judge’s order “requiring them to issue marriage licenses to all eligible couples”. Bunning also ordered the court-appointed attorneys for the five deputy clerks, who said they would issue marriage licenses, to file a status report every 14 days “on their clients’ respective compliance” with the judge’s order “requiring them to issue marriage licenses to all eligible couples”.
The order came just hours ahead of a planned rally outside the Carter County detention center, where Davis has been held since 3 September. Republican presidential candidates Ted Cruz and Huckabee met with Davis, a Democrat, on Tuesday afternoon.
The Huckabee and Cruz campaigns didn’t immediately respond to a request for comment. Davis’s attorneys at Liberty Counsel couldn’t be immediately reached; a spokesperson said a statement would be forthcoming.
Initially, the plaintiffs in the case requested a financial penalty to coerce Davis into compliance, after the US supreme court denied the clerk’s request for a stay on the judge’s order. Bunning, an appointee of George W Bush, said he “wasn’t convinced” that would suffice. “I’m not going to put a deadline on it,” he said last week of her incarceration.Initially, the plaintiffs in the case requested a financial penalty to coerce Davis into compliance, after the US supreme court denied the clerk’s request for a stay on the judge’s order. Bunning, an appointee of George W Bush, said he “wasn’t convinced” that would suffice. “I’m not going to put a deadline on it,” he said last week of her incarceration.
Same-sex marriage proponents were pleased with Bunning’s decision on Tuesday, saying it appears Davis’s office has turned a corner. Same-sex marriage proponents were pleased with Bunning’s decision on Tuesday, expressing confidence that Davis’s office has appeared to have turned a corner.
Chris Hartman, director of the Fairness Campaign, a Kentucky LGBT civil rights group, said it’s “great” that Davis has been released and that he agrees with Bunning that her deputies have “appropriately fulfilled his requirements, which is to issue marriage licenses.” Chris Hartman, director of the Fairness Campaign, a Kentucky LGBT civil rights group, said it’s “great” that Davis has been released and that he agrees with Bunning that her deputies have “appropriately fulfilled his requirements, which is to issue marriage licenses”.
“I think if she actively obstructs the practice in which they’re already engaging, it [would show] a deep contempt for not just the federal courts ... but also for the Constitution of the United States and the highest court in our land, the supreme court,” Hartman told the Guardian. “I expect marriage licenses will continue to come out of Rowan County to all eligible couples, and Kim Davis will be relegated but a footnote in the fight for full LGBT equality and civil rights.”“I think if she actively obstructs the practice in which they’re already engaging, it [would show] a deep contempt for not just the federal courts ... but also for the Constitution of the United States and the highest court in our land, the supreme court,” Hartman told the Guardian. “I expect marriage licenses will continue to come out of Rowan County to all eligible couples, and Kim Davis will be relegated but a footnote in the fight for full LGBT equality and civil rights.”
Davis, an Apostolic Christian who earns $80,000 annually as Rowan County’s elected clerk, has said that issuing a marriage license to a gay couple would violate her conscience.Davis, an Apostolic Christian who earns $80,000 annually as Rowan County’s elected clerk, has said that issuing a marriage license to a gay couple would violate her conscience.
She is one of three clerks in the state – including Casey Davis of Casey County and Kay Schwartz of Whitley County – who are still refusing to allow same-sex marriages.She is one of three clerks in the state – including Casey Davis of Casey County and Kay Schwartz of Whitley County – who are still refusing to allow same-sex marriages.
Casey Davis, who is not related to Kim Davis, told the Associated Press on Tuesday he was pleased she was to go free. Casey Davis, who is not related to Kim Davis, told attendees of the rally on Tuesday he was pleased she was to go free.
“It’s been a total injustice,” he said. “We’ve not prevented anyone” from getting a license, Davis claimed; he accused Kentucky governor Steve Beshear of being a “warrior against Christianity” for refusing to convene a special session of the Kentucky legislature.
Casey Davis told the Guardian last week that state legislators are ready to support a bill that would exempt county clerks from playing a role in marriages, if they cite a sincerely held belief.