Ky. clerk Kim Davis thanks supporters on release from jail

GRAYSON, Ky. — With Survivor's "Eye of the Tiger" playing in the background, Davis was flanked by Republican presidential candidate Mike Huckabee and about 1,000 supporters outside the Carter County (Ky.) Detention Center.

Rowan County, Ky., Clerk Kim Davis argues with David Moore and David Ermold, after they were denied a marriage license at the Rowan County Courthouse in Morehead on September 1, 2015. Photo courtesy of USA Today, via The (Louisville, Ky.) Courier-Journal, photo by Tim Webb
Rowan County Clerk Kim Davis argues with David Moore and David Ermold, after they were denied a marriage license at the Rowan County Courthouse in Morehead on September 1, 2015. Photo courtesy of USA Today, via The (Louisville, Ky.) Courier-Journal, photo by Tim Webb

Rowan County Clerk Kim Davis argues with David Moore and David Ermold, after they were denied a marriage license at the Rowan County Courthouse in Morehead on September 1, 2015. Photo courtesy of USA Today, via The (Louisville, Ky.) Courier-Journal, photo by Tim Webb

GRAYSON, Ky. — Kim Davis, the Rowan County, Ky., clerk who was jailed last week for failing to issue marriage licenses to same-sex couples, thanked supporters Tuesday (Sept. 8) at a rally after her release from jail.

With Survivor’s “Eye of the Tiger” playing in the background, Davis, who was jailed Thursday by U.S. District Judge David Bunning for contempt of court, was flanked by Republican presidential candidate Mike Huckabee and other supporters outside the Carter County (Ky.) Detention Center, where about 1,000 people were gathered.


“He is here, he’s worthy,” she said in an affirmation of her faith and her refusal to issue marriage licenses in the wake of the Supreme Court’s same-sex marriage decision.

Bunning ordered Davis freed from jail Tuesday. In a two-page order, Bunning ordered the U.S. Marshals Service to release her on the condition that she shall not “interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.


 

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If she does, Bunning said, “appropriate sanctions” will be considered.

He ordered court-appointed lawyers for the deputies to report every 14 days on their compliance.

Davis’ lawyers did not immediately respond to questions about whether she will comply with the order.

Bunning said a report by lawyers for the four couples who sued Davis said that five of the six deputies — all but Davis’ son — are issuing licenses as promised under oath.

“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 U.S. Supreme Court’s holding in Obergefell and this court’s Aug. 12, 2015, order,” Bunning said. “For these reasons, the court’s prior contempt sanction against defendant Davis is hereby lifted.”



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Dan Canon, one of the lawyers for the plaintiffs, said: “The goal was to get Ms. Davis to issue licenses, and to stop imposing her religious beliefs on the citizens she was elected to serve. That goal has been achieved, for now. We are hopeful that Ms. Davis will comply with the court’s orders and let her deputies continue to do their jobs.”

After the U.S. Supreme Court ruling this summer that made marriage equality the law of the land, Davis stopped issuing marriage licenses, saying that it would violate her religion to issue licenses to same-sex couples.

Davis’ attorneys filed an appeal Monday with the federal appeals court in Cincinnati. Her attorneys also asked Kentucky Gov. Steve Beshear to accommodate her “religious conviction” and have her freed from jail.


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The American Civil Liberties Union, which represents couples Davis turned away, had asked the judge that she be fined rather than imprisoned, in part to avoid “a false persecution story,” Canon said at the time. Bunning ordered her jailed anyway, reasoning that she would be unmoved by monetary penalties.

Contributing: Joseph Gerth, The (Louisville, Ky.) Courier-Journal; The Associated Press.

(Andrew Wolfson writes for The (Louisville, Ky.) Courier-Journal.)

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