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| All eyes on Kim Davis as Kentucky marriage clerk returns to work | |
| (35 minutes later) | |
| The national spotlight will shine once again on the small town of Morehead, Kentucky, on Monday, as embattled county clerk Kim Davis returns to work just days after being released from jail for refusing to issue marriage licenses to same-sex couples. | The national spotlight will shine once again on the small town of Morehead, Kentucky, on Monday, as embattled county clerk Kim Davis returns to work just days after being released from jail for refusing to issue marriage licenses to same-sex couples. |
| Related: Kim Davis is out of jail – will she relent and issue same-sex marriage licenses? | |
| Davis, who was elected Rowan County clerk last November, was sent to jail on 3 September after she defied a federal judge’s order to process marriage licenses. As a condition of her return, Davis was ordered not to prevent her deputies from issuing marriage licenses in “any way”. | Davis, who was elected Rowan County clerk last November, was sent to jail on 3 September after she defied a federal judge’s order to process marriage licenses. As a condition of her return, Davis was ordered not to prevent her deputies from issuing marriage licenses in “any way”. |
| But following her release from the Carter County detention center, attorneys for Davis refused to say whether she would continue to buck the court’s order. | But following her release from the Carter County detention center, attorneys for Davis refused to say whether she would continue to buck the court’s order. |
| “Kim Davis cannot and will not violate her conscience,” said attorney Mat Staver. | “Kim Davis cannot and will not violate her conscience,” said attorney Mat Staver. |
| The 49-year-old clerk stopped issuing licenses to all couples following the US supreme court’s 26 June decision to legalize same-sex marriage. The “no marriage license” policy sparked a federal lawsuit that led to Davis’s brief incarceration. | |
| While several of the plaintiffs in that case have since obtained a license from Davis’s office, one couple has yet to request the paperwork, said Amber Duke, spokesperson for the American Civil Liberties Union of Kentucky, which represents the couples. | While several of the plaintiffs in that case have since obtained a license from Davis’s office, one couple has yet to request the paperwork, said Amber Duke, spokesperson for the American Civil Liberties Union of Kentucky, which represents the couples. |
| “[Davis] has been ordered not to interfere with the deputy clerks that are issuing licenses to all couples that are legally eligible, and that extends beyond the four couples that we’re representing,” Duke told the Guardian. The ACLU “would hope and expect” the current practice continues once Davis returns to the office on Monday, she said. | “[Davis] has been ordered not to interfere with the deputy clerks that are issuing licenses to all couples that are legally eligible, and that extends beyond the four couples that we’re representing,” Duke told the Guardian. The ACLU “would hope and expect” the current practice continues once Davis returns to the office on Monday, she said. |
| Her return to work follows a rally organized last week by Republican presidential candidate Mike Huckabee, which culminated in the surprise order to release the clerk from US federal judge David Bunning, who earlier this month held Davis, a Democrat, in contempt and remanded her to US marshals. The rally drew hundreds of attendees, in a moment that demonstrated how Davis’s defiance has struck a chord with religious conservatives across the US. | |
| Chris Hartman, director of the Fairness Campaign, a Kentucky LGBT civil rights group, said Monday should be “another flashpoint” in the ongoing saga of Davis, a Morehead native who earns $80,000 annually as Rowan County’s elected clerk. | Chris Hartman, director of the Fairness Campaign, a Kentucky LGBT civil rights group, said Monday should be “another flashpoint” in the ongoing saga of Davis, a Morehead native who earns $80,000 annually as Rowan County’s elected clerk. |
| “Everyone’s anticipating what Clerk Davis’s actions may be, especially given the vocal confirmation from some of her staff that they intend to continue issuing marriage licenses as the law demands,” Hartman told the Guardian. Deputy clerk Brian Mason has said he plans to continue issuing licenses, even if Davis orders otherwise. | “Everyone’s anticipating what Clerk Davis’s actions may be, especially given the vocal confirmation from some of her staff that they intend to continue issuing marriage licenses as the law demands,” Hartman told the Guardian. Deputy clerk Brian Mason has said he plans to continue issuing licenses, even if Davis orders otherwise. |
| Hartman said the scene outside Davis’s office on Monday will likely mimic the protests in recent weeks: same-sex marriage proponents and opponents have lined both sides of the lawn outside the building’s entrance, hurling words back and forth, holding signs that tout their beliefs. | Hartman said the scene outside Davis’s office on Monday will likely mimic the protests in recent weeks: same-sex marriage proponents and opponents have lined both sides of the lawn outside the building’s entrance, hurling words back and forth, holding signs that tout their beliefs. |
| On Wednesday, Davis issued a statement through her attorneys, saying she’s spent the last week with her husband, family and three dogs, while poring over “boxes of letters expressing support”. | On Wednesday, Davis issued a statement through her attorneys, saying she’s spent the last week with her husband, family and three dogs, while poring over “boxes of letters expressing support”. |
| “I am overwhelmed that people took the time out of their busy lives to write and tell me that they are standing with me,” Davis said. “Every letter has been kind and encouraging. I am heartened that God’s people are not huddled up in a corner, but they are standing strong. Standing begins on our knees. I have no doubt that God answers prayer. God is so real to me. He has transformed my life.” | “I am overwhelmed that people took the time out of their busy lives to write and tell me that they are standing with me,” Davis said. “Every letter has been kind and encouraging. I am heartened that God’s people are not huddled up in a corner, but they are standing strong. Standing begins on our knees. I have no doubt that God answers prayer. God is so real to me. He has transformed my life.” |
| The clerk scored an additional victory on Wednesday, after Kentucky attorney general Jack Conway said he wouldn’t appoint a special prosecutor “at this time” to investigate a possible charge of official misconduct, a misdemeanor, by Davis. Conway’s office was approached by the Rowan County attorney when a couple said they were denied a marriage license by the clerk. The attorney asked Conway to investigate the complaint due to a conflict of interest, as he represented the county in lawsuits over the issue. | |
| “The matter is currently under the jurisdiction of the federal court,” said Conway spokeswoman Allison Gardner, in an email. “At this time, we are putting the request on hold while the matter is pending in federal court.” | “The matter is currently under the jurisdiction of the federal court,” said Conway spokeswoman Allison Gardner, in an email. “At this time, we are putting the request on hold while the matter is pending in federal court.” |
| Davis’s attorneys have continued to argue that licenses issued in her absence were “not valid”, underscoring a significant dispute in recent days over Bunning’s order. The ACLU said it is relying on the representations of Kentucky’s attorney general and Rowan County attorneys that marriage licenses issued henceforth are legal. | Davis’s attorneys have continued to argue that licenses issued in her absence were “not valid”, underscoring a significant dispute in recent days over Bunning’s order. The ACLU said it is relying on the representations of Kentucky’s attorney general and Rowan County attorneys that marriage licenses issued henceforth are legal. |
| Casey Davis, another Kentucky clerk, who is not related to Kim Davis, told the Guardian earlier this month 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 religious belief. | Casey Davis, another Kentucky clerk, who is not related to Kim Davis, told the Guardian earlier this month 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 religious belief. |
| Related: Kim Davis's denial of same-sex marriage licenses is not what Jesus would do | Rev Broderick Greer | Related: Kim Davis's denial of same-sex marriage licenses is not what Jesus would do | Rev Broderick Greer |
| “We’ve not prevented anyone from getting a license,” Casey Davis claimed at the rally. He accused Kentucky governor Steve Beshear of being a “warrior against Christianity” for refusing to convene a special session of the Kentucky legislature to consider a proposed legislative change on the issue – a contentious point echoed frequently by Davis’s supporters. | “We’ve not prevented anyone from getting a license,” Casey Davis claimed at the rally. He accused Kentucky governor Steve Beshear of being a “warrior against Christianity” for refusing to convene a special session of the Kentucky legislature to consider a proposed legislative change on the issue – a contentious point echoed frequently by Davis’s supporters. |
| Beshear, a Democrat, shot back against his critics, telling 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”. | Beshear, a Democrat, shot back against his critics, telling 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”. |
| “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. | “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 to not do their job.” | “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 to not do their job.” |
| The ACLU’s Duke declined to say whether the organization would request additional sanctions against Kim Davis if she continues to defy the court order. But she said the ACLU will continue to observe the situation. | The ACLU’s Duke declined to say whether the organization would request additional sanctions against Kim Davis if she continues to defy the court order. But she said the ACLU will continue to observe the situation. |
| “We’ll see what happens,” Duke said of the clerk’s return to work, “as everyone else [will].” | “We’ll see what happens,” Duke said of the clerk’s return to work, “as everyone else [will].” |
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