This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/us-news/2015/sep/08/kentucky-clerk-kim-davis-released-from-jail
The article has changed 9 times. There is an RSS feed of changes available.
| Version 4 | Version 5 |
|---|---|
| Kentucky clerk Kim Davis released from jail after judge lifts contempt ruling | Kentucky clerk Kim Davis released from jail after judge lifts contempt ruling |
| (35 minutes later) | |
| 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”. | 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. | 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.” | “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. |
| 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. | 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/RhcaENaA6i | I was honored to meet w/ #KimDavis. A woman of such strong faith and conviction. #ImWithKim #ReligiousLiberty pic.twitter.com/RhcaENaA6i |
| 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”. | 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”. |
| “They are not valid,” he said. | “They are not valid,” he said. |
| Davis has no intention of resigning and plans to return to work “later this week”, Staver said. | Davis has no intention of resigning and plans to return to work “later this week”, Staver said. |
| Asked about her time in jail, Davis said: “All has been well.” | Asked about her time in jail, Davis said: “All has been well.” |
| 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 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. |
| Earlier Tuesday, attorneys for the plaintiffs who sued 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. | |
| 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 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 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”. | 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 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. | 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. |
| The saga of Davis – a longtime bureaucrat and native of Morehead – attracted increasing attention last month, when a federal judge ordered her to abide by the supreme court’s June decision to legalize same-sex marriage. Kentucky governor Steve Beshear, a Democrat, has also ordered county clerks across the state to fall in line with the ruling. | |
| Tension heightened after Davis continued to refuse licenses to couples. A federal appellate panel of judges denied her request for a stay of Bunning’s order; soon after, the supreme court followed suit. Last week, Davis reiterated her stance that marriage was “a union between one man and one woman,” and said she wouldn’t allow licenses to be issued without her approval - in defiance of Bunning’s order. The judge held her in contempt, sent her to jail, and ordered her deputies to begin issuing marriage licenses on Friday, despite the objections of Davis’s attorneys. | |
| In a statement Tuesday, William Sharp, legal director of the ACLU of Kentucky, which represents plaintiffs in the case, echoed remarks of same-sex marriage proponents in Kentucky, expressing confidence that Davis’s office has appeared to turn a corner. | |
| “This case was brought to ensure that all residents of Rowan County, gay and straight, could obtain marriage licenses,” Sharp said. That goal has been achieved.” | |
| The ACLU is relying on the representations of Kentucky’s attorney general and Rowan County attorneys that marriage licenses issued henceforth are legal, Sharp said. | |
| 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 attendees of the rally 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. |
| “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. | “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. | 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. |
| After delivering a speech on Tuesday, Beshear told reporters that he “took no joy at all in the fact that the clerk was in custody, but that was a matter between the judge and the clerk.” | |
| “Hopefully we can move forward now,” he said. “We need to be thinking about so many things about the future of Kentucky.” | |
| The governor objected to claims that Kentucky’s religious freedom restoration act had been violated by Davis’s brief incarceration. | |
| “What you had here was a public official who voluntarily ran for election to that office, who is being paid $80,000 of taxpayer money, and the statute set out the duties of that office,” Beshear said. | |
| “But then she decided she could pick out the duties she would perform, and not perform some of the others. And I don’t think the religious freedom law was ever passed to allow public officials not to do their job.” |