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[h=4]Ky. clerk's office will issue marriage licenses Friday — without the clerk[/h]Rowan County Clerk Kim Davis says she won't authorize her employees to process the paperwork.
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Gay marriage and Kim Davis supporters rally outside of a Kentucky courthouse when the embattled Rowan County clerk faced a federal judge on contempt charges. VPC
Kim Davis was taken to Carter County Jail in Grayson, Ky.(Photo: Carter County (Ky.) Jail)
ASHLAND, Ky.<span style="color: Red;">*</span>— Five of six deputies in the office of a<span style="color: Red;">*</span>Kentucky county clerk taken into custody<span style="color: Red;">*</span>Thursday for her refusal to issue marriage licenses after<span style="color: Red;">*</span>the Supreme Court allowed gays to wed say they will process the paperwork starting Friday.
But Rowan County Clerk Kim Davis, whom<span style="color: Red;">*</span>U.S. District Court Judge David Bunning found in contempt of court,<span style="color: Red;">*</span>said through her lawyers that she will not authorize any of her employees to issue licenses in her absence. The judge<span style="color: Red;">*</span>placed her in the custody of U.S. marshals and had her taken to Carter County jail.
"My conscience will not allow it," Davis said earlier to Bunning. "God's moral law convicts me and conflicts with my duties."
Among her deputies, the holdout was Davis' son, Nathan Davis. Yet the other deputy clerks had reservations as they individually answered Bunning's questions, some based on religion, like Kim Davis, and others who wondered about their legal authority to sign forms without an elected official's<span style="color: Red;">*</span>consent.
Kim Davis' lawyers also called into question whether any licenses issued in her<span style="color: Red;">*</span>absence would be legal.
But Bunning said couples will have to decide whether to take that risk on their own.<span style="color: Red;">*</span>He indicated that he would lift the contempt charge against<span style="color: Red;">*</span>the defiant<span style="color: Red;">*</span>county clerk if deputies began issuing marriage licenses<span style="color: Red;">*</span>but said he was reluctant to release Kim Davis too quickly because of the possibility that she would stop the process<span style="color: Red;">*</span>and again try to go through the courts in a sort of ping-pong match.
Allowing Kim Davis, who previously has said she is an<span style="color: Red;">*</span>Apostolic Christian,<span style="color: Red;">*</span>to defy a court order could create a<span style="color: Red;">*</span>ripple effect among other county clerks, Bunning<span style="color: Red;">*</span>said. Two other clerks<span style="color: Red;">*</span>in the state also had stopped issuing marriage licenses but have<span style="color: Red;">*</span>not had lawsuits filed against them.
"Her good-faith belief is simply not a viable defense," said Bunning, who said he also has deeply held religious beliefs. "Oaths mean things."
USA TODAY
Kentucky clerk issued marriage license to a transgender couple
Bunning's mother said her son, who was raised Roman Catholic, doesn't agree with the idea of same-sex marriage but does believe in upholding the law.
Kim Davis was tearful at times in her morning appearance before the judge but testified that she could not obey Bunning's order<span style="color: Red;">*</span>because God's law trumps the court.
Rowan County Clerk Kim Davis leaves the federal courthouse Sept. 3, 2015, in Ashland, Ky., in handcuffs with a shirt wrapped around her wrists.<span style="color: Red;">*</span>(Photo: Jonathan Palmer, The (Louisville, Ky.) Courier-Journal)
Before she appeared in court Thursday,<span style="color: Red;">*</span>she told The Kentucky Trial Court Review that she was prepared to go to jail.
“I would have to either make a decision to stand or I would have to buckle down and leave,” she told the monthly publication in a radio interview. “And if I left, resigned or chose to retire, I would have no voice for God’s word," calling herself a vessel that the Lord has chosen for this time and place.
As word of Kim Davis' arrest circulated outside the federal courthouse in a crowd that numbered more than 100 protesters, cheers and chants erupted.
"I'm glad the court sent a strong message that you have to follow the law," said Timothy Love of Kentucky, one of the plaintiffs in the Supreme Court case that legalized gay marriage.
Those<span style="color: Red;">*</span>supporting the Rowan County clerk decried the decision<span style="color: Red;">*</span>with one man falling on the courthouse steps to pray.
"It's very unjust," said the Rev. Randy Smith<span style="color: Red;">*</span>of Morehead, Ky., where Kim Davis' office is located. "Religious liberty has been trampled on today."
Lawyers inside the courtroom<span style="color: Red;">*</span>with the Orlando-based Liberty Counsel, which is representing Kim Davis, argued that she met a legal test for religious protection under federal law because her convictions created a "factual inability" to issue licenses to same-sex couples.
But lawyers for the couples who have sued her repeatedly pressed the county clerk to admit that her policy is the result of personal choice.
Bunning agreed and said<span style="color: Red;">*</span>fines for Kim Davis, who makes $80,000 a year, would not be enough to ensure that she would<span style="color: Red;">*</span>follow his orders. He also raised concerns that supporters would pay any fine he levied, hampering its force.
"I don't do this lightly," he said of his decision to jail her. "It's necessary in this case."
Some thought the move could turn her into a martyr among gay-marriage opponents.
Chris Hartman, head of the Fairness Campaign advocacy group, said he thought the judge would levy fines but hoped that<span style="color: Red;">*</span>jailing Kim Davis would act as a strong deterrent for others who might refuse to follow the law.
Though the county clerk was tearful as she testified how she came to Christ in 2011 following the death of her mother-in-law, she appeared straight faced as marshals led her out of the courtroom.
Outside, each side continued to clash.
Ashley Hogue, a secretary from Ashland, held a sign outside the courthouse that read, "Kim Davis does not speak for my religious beliefs."
"This is so ugly," she said, wiping away tears. "I was unprepared for all the hate."
Demonstrator Charles Ramey, a retired steelworker, downplayed the vitrol.
"We don't hate these people," he said, holding a sign that read, "Give God his rights." "We wouldn't tell them how to get saved if we hated them."
USA TODAY
Lawyers seek new way to block marriage licenses
Kim Davis<span style="color: Red;">*</span>has been resisting<span style="color: Red;">*</span>suggestions that her deputies issue the licenses because her name appears on the certificates. But the crux of the contempt case against her involves Kentucky law, which, unlike some states' laws, requires county clerks to issue marriage licenses.
When four couples<span style="color: Red;">*</span>— two gay and two straight<span style="color: Red;">*</span>— filed suit against her for refusing to issue marriage licenses after the June Supreme Court ruling, she argued that they could be served in other Kentucky counties. Bunning, son of<span style="color: Red;">*</span>GOP Sen. Jim Bunning who retired from the U.S. Senate in 2011, told her that she or her deputies must issue the licenses but<span style="color: Red;">*</span>stayed his order until this past Monday as she filed an appeal with the U.S. 6th Circuit Court of Appeals in Cincinnati.
When that stay expired, appeals court judges declined to renew it. And when she asked the Supreme Court to weigh in Monday, justices in Washington refused.
"I hope that everyone will remain civil," Bunning said. "This country has always had disagreements, but what makes this country different from other countries is that we respect the rule of law."
Contributing: Scott Wartman, The Cincinnati Enquirer
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGESupporters of KY clerk, gay marriage debate on street | 01:40Gay marriage and Kim Davis supporters rally outside of a Kentucky courthouse when the embattled Rowan County clerk faced a federal judge on contempt charges. VPC
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEWatch Kentucky clerk defy Supreme Court on gay marriage | 05:01Rowan County, Kentucky clerk Kim Davis squares off with David Moore and his partner David Ermold over her refusal to issue marriage licenses to same-sex couples despite a federal court order to do so. The Courier-Journal
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEEmbattled KY clerk issued license to transgender couple | 00:59A transgender man and his wife say they have proof Kentucky Clerk Kim Davis issued them a marriage license in February even though she has blocked forms for same-sex couples over the past two months. VPC
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEWhat happens If Kim Davis keeps denying marriage Licenses? | 01:32Kentucky Clerk Kim Davis is still refusing to issue marriage licenses. Here's what could happen if she continues to deny couples' licenses.
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KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEKY clerk defies order to issue gay marriage licenses | 01:25After a federal judge ruled that, despite religious objections, Rowan County, Kentucky Clerk Kim Davis must issue marriage licenses to same-sex couples, she defied the order and did not issue licenses. VPC
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEJudge: Kentucky clerk must issue gay marriage licenses | 02:59A federal judge ruled that despite religious objections, Rowan County, KY Clerk Kim Davis must issue marriage licenses to gay couples or risk setting a "dangerous precedent." After the legalization of gay marriage, the clerk stopped issuing licenses WHAS-TV
KY. CLERK DEFIES SUPREME COURT ON GAY MARRIAGEKentucky clerk sued for denying gay marriage licenses | 01:02The Rowan County, Kentucky clerk is being sued for refusing to issue marriage licenses to same-sex couples. She testified that her First Amendment religious rights should trump her duties as an elected official. VPC
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