Clerk jailed, deputies vow to issue licenses

Rowan County Clerk Kim Davis listens to a customer following her office's refusal to issue marriage licenses at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses.
Rowan County Clerk Kim Davis listens to a customer following her office's refusal to issue marriage licenses at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses.

ASHLAND, Ky. -- A defiant county clerk in Kentucky went to jail Thursday for refusing to issue marriage licenses to gay couples, but five of her deputies agreed to issue the licenses themselves.

photo

AP

Edgar Orea preaches to same-sex marriage supporters outside the federal building Thursday in Ashland, Ky., as they await the arrival of Rowan County Clerk Kim Davis.

U.S. District Judge David Bunning said he had no choice but to jail Rowan County Clerk Kim Davis for contempt after she insisted her "conscience will not allow" her to follow federal court rulings on gay marriage.

"The idea of natural law superseding this court's authority would be a dangerous precedent indeed," Bunning said.

Before she was taken away by a U.S. marshal, Davis told the judge: "God's moral law conflicts with my job duties. You can't be separated from something that's in your heart and in your soul."

Bunning offered to release Davis if she would promise not to interfere with her employees issuing marriage licenses. But Davis, through her attorneys, rejected that offer and chose to stay in jail.

Speaking earlier from the bench, Bunning said it would set up a "slippery slope" to allow an individual's ideas to supersede the courts' authority.

"Her good-faith belief is simply not a viable defense," said Bunning, an appointee of President George W. Bush. "I myself have genuinely held religious beliefs ... but I took an oath.

"Mrs. Davis took an oath. Oaths mean things."

Davis' lawyer, Roger Gannam, said it was the first time in history that a U.S. citizen has been jailed for believing marriage is a union between one man and one woman. He compared her willingness to accept imprisonment to what Martin Luther King Jr. did to advance civil rights.

Davis is represented by the Liberty Counsel, which advocates in court for religious freedom.

"Kim Davis represents the best of us, and everyone should lament and mourn the fact that her freedom has been taken away for what she believes," Gannam said.

Laura Landenwich, an attorney for the four couples suing Davis, rejected the comparison.

"Ms. Davis is in an unfortunate situation of her own creation. She is not a martyr. No one created a martyr today," said Landenwich, adding that Davis "holds the keys to her jail cell."

As word of Davis' jailing spread outside the federal courthouse, hundreds of people chanted, "Love wins! Love wins!" while Davis' supporters booed.

Dozens of protesters already had gathered on the front sidewalk by 9 a.m. Most appeared to be backers of Davis, some of whom had traveled from as far as Oklahoma to show their support. They waved flags bearing a cross and the word "Liberty."

Vows to return

Gay couples vowed to appear at the Rowan County clerk's office, for the fifth time, today to see whether the deputy clerks would keep their promises.

"We're going to the courthouse tomorrow to get our marriage license, and we're very excited about that," said April Miller, who has been engaged to Karen Roberts for 11 years.

Miller and Roberts were denied a marriage license four times by Davis or her deputies since the high court's June ruling. Miller testified that one of the deputy clerks told her to apply in another county.

"That's kind of like saying we don't want gays or lesbians here. We don't think you are valuable," she said.

Rather than be fined, jailed or lose their jobs, five of the clerks told the judge they would issue the licenses. Davis' son, Nathan Davis, refused, but the judge said that wouldn't matter and he wouldn't be punished, as long as the others complied.

"I don't really want to, but I will comply with the law," said one, Melissa Thompson. "I'm a preacher's daughter, and this is the hardest thing I've ever had to do in my life. I don't hate anybody. None of us do."

Kim Davis, an Apostolic Christian whose critics have mocked her for her three divorces before her fourth marriage, stopped serving all couples after the Supreme Court ruling in June. Many supporters and even some Republican presidential candidates, including former Arkansas Gov. Mike Huckabee, have rallied behind her.

"People are calling the office all the time asking to send money," she testified. "I myself have not solicited any money."

Davis said she hopes the Kentucky Legislature will change state laws to find some way for her to keep her job while following her conscience.

Earlier in the week, Republican and Democratic leaders in Frankfort reiterated calls for a compromise that would allow gay couples to get marriage licenses in Rowan County without forcing Davis to violate her faith. In a court motion, Kentucky Senate President Robert Stivers asked Bunning not to hold Davis in contempt until the Legislature could address confusion in state law resulting from the legalization of same-sex marriage.

The Legislature is not scheduled to convene until January, however, and Democratic Gov. Steve Beshear has resisted calls to hold a special session to address the issue.

"Hopefully, our Legislature will get something taken care of," Davis told the judge.

Until then, the judge said, he has no alternative but to keep her behind bars.

Before she was led away, Davis said the U.S. Supreme Court ruling legalizing gay marriage nationwide conflicts with the vows she made when she became a born-again Christian.

"I promised to love him with all my heart, mind and soul because I wanted to make heaven my home," Davis said.

Davis stood and thanked Bunning, pausing briefly to search the crowded courtroom for familiar faces before being escorted out of the courtroom.

Later photos showed Davis being escorted from the courthouse in what appeared to be handcuffs with a towel draped over her hands. She was taken to the Carter County jail in a white, windowless van.

It's unclear exactly how long she'll remain in jail. Davis' attorneys said the judge's order would keep her in jail indefinitely, but Bunning indicated he would revisit his decision in a week, giving the deputy clerks time to comply with his order.

"The legislative and executive branches do have the ability to make changes," Bunning said earlier in the hearing. "It's not this court's job to make changes. I don't write law."

Davis served as her mother's deputy in the clerk's office for 27 years before she was elected as a Democrat to succeed her mother in November. As an elected official, she can be removed only if the state Legislature impeaches her.

Huckabee support

Davis has received high-profile support from national political figures. On Wednesday, Huckabee said in a statement that he had called Davis to "offer my prayers and support."

"I let her know how proud I am of her for not abandoning her religious convictions and standing strong for religious liberty," Huckabee said. "She is showing more courage and humility than just about any federal office holder in Washington."

Huckabee also announced that he would travel to Kentucky on Tuesday to protest her imprisonment and hold an "I'm With Kim" rally.

"Having Kim Davis in federal custody removes all doubt of the criminalization of Christianity in our country," he said in a written statement. "We must defend religious liberty and never surrender to judicial tyranny. Five, unelected Supreme Court lawyers did not and cannot make law. They can only make rulings. The Supreme Court is not the Supreme branch and it's certainly not the Supreme Being.

"I am proud of Kim for standing strong for her beliefs. Who will be next? Pastors? Photographers? Caterers? Florists? This is a reckless, appalling, out-of-control decision that undermines the Constitution of the United States and our fundamental right to religious liberty."

Huckabee also took a dig at Democratic presidential candidate and former Arkansas first lady Hillary Rodham Clinton when he tweeted to his 397,000 followers, "What a world, where Hillary Clinton isn't in jail but #KimDavis is."

Clinton had sent her 4.1 million followers an Associated Press article about Davis being taken into custody with the comment: "Marriage equality is the law of the land. Officials should be held to their duty to uphold the law--end of story."

Information for this article was contributed by Adam Beam of The Associated Press; by James Higdon and Sandhya Somashekhar of The Washington Post; and by Sarah D. Wire of the Arkansas Democrat-Gazette.

A Section on 09/04/2015

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