Adamant Clerk of Court Sits In Jail For Refusing To Issue Gay Marriage License

For those of you who have been following the news lately, you've no doubt heard about Oregon bakery owners, who refused to bake a cake for a same-sex couple and were ordered by the court to pay $135,000 dollars in damages. Like with that case, Rowan County Clerk, Kim Davis, feels that God's moral law conflicts with her job duty.”

A defiant county clerk was sent to jail for contempt Thursday after insisting that her “conscience will not allow” her to follow a federal judge's orders to issue marriage licenses to gay couples.

“God's moral law conflicts with my job duties,” Rowan County Clerk Kim Davis told U.S. District Judge David Bunning. “You can't be separated from something that's in your heart and in your soul.”

The judge said she left him with no alternative but to jail her, since fines alone would not change her mind. A deputy escorted her out of the courtroom, although not in handcuffs, to be turned over to the custody of federal marshals.

“Her good faith belief is simply not a viable defense,” Bunning said, noting that allowing an individual's beliefs to supersede the court's authority would set a dangerous precedent.

“I myself have genuinely held religious beliefs,” the judge said, but “I took an oath.”

“Mrs. Davis took an oath,” he added. “Oaths mean things.”

Hundreds of people chanted and screamed, “Love won! Love won!” as word reached the dueling crowds outside.

The judge also told all five of the clerk's deputies, including her son, Nathan Davis, that they are free to issue licenses to all applicants while Davis is held in contempt, but would also face fines or jail if they refuse to comply. He told them to meet with lawyers briefly and consider their fates before returning to his courtroom later Thursday to reveal their decisions.

The judge later stated that allowing an individual's beliefs to supersede the court's authority would set a dangerous precedent. Isn't that how all of this got started? After all, same-sex marriage was originally shot down by a majority of states before the Supreme Court took it upon themselves to ignore it.


Now, sitting in jail and still refusing to violate her beliefs, she has filed an appeal:

Attorneys for the Kentucky county clerk jailed for contempt for refusing to issue marriage licenses to gay couples filed a notice of appeal Sunday with the 6th U.S. Circuit Court of Appeals in Cincinnati. Kim Davis, the clerk for Rowan County, was jailed Thursday by U.S. District Judge David Bunning for refusing to comply with a U.S. Supreme Court decision declaring same-sex marriage legal, despite requests by the plaintiffs in the case that she only be fined.

Attorney Mathew Staver of the Liberty Counsel, which is representing Davis, said Bunning's action violates Davis' right to due process, alleging the judge intended to jail her even before he heard arguments. Davis argued forcing her to issue marriage licenses to gay couples would violate her religious beliefs.

Kentucky Gov. Steve Beshear noted last week emotions are running high on both sides of the issue, but he said he has no intention of calling a special session of the Legislature to address the actions of Davis and two other county clerks to consider legislation that would allow someone other than the county clerk to issue marriage licenses. “One-hundred-17 of 120 county clerks are doing their jobs,” Beshear said. The Legislature does not meet again until January.

Davis has been in jail since Thursday. She is expected to remain incarcerated for at least a week if she continues to refuse to obey the court order. She turned down an offer of release if she agreed not to interfere with her deputy clerks issuing licenses.




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