ASHLAND, Ky. (WHAS11) -- The Rowan County clerk's office is expected to begin issuing marriage licenses Friday for the first time since the end of June.
County Clerk Kim Davis stopped issuing marriage licenses to couples, straight and same-sex, June 28 when the U.S. Supreme Court overturned gay marriage bans in all 50 states. Since then, Davis has defied multiple court orders demanding her to issue marriage licenses in her county.
U.S. District Court Judge David Bunning on Thursday found Davis in contempt of court and ordered her into the custody of U.S. marshals. Bunning said the Court could not condone the unlawful defiance of court order. He argued that it would be a "dangerous precedent" if he did not hold Davis in contempt, suggesting it could open the door for other sworn public officials to pick and choose what laws they follow due to their beliefs.
"Judge Bunning was clear that his patience was wearing thin here. She's not doing her job, she's got to do her job, she's breaking the Constitution, she's breaking federal law, and she's averting the authority of the Supreme Court. It is no surprise that a judge has put her in U.S. marshal custody," Chris Hartman said, who is the Executive Director of the Fairness Campaign, a Louisville-based LGBT advocacy group.
The judge offered to set Davis free if she agreed to allow her deputy clerks to process marriage licenses but Davis refused, saying that having her name on the form would violate her conscience. Five of Davis' six deputy clerks have said they will begin issuing marriage licenses on Friday, even though Davis' attorneys said the clerk would not authorize her deputies to do so.
"Forcing Kim Davis to sign that marriage license is forcing [her] to be a part of that marriage," David Fletcher said, a Davis supporter who rallied outside the federal building Thursday.
Governor Steve Beshear issued a statement on the ruling and said, "Judge Bunning's decision today speaks for itself. Again, the legislature has placed the authority to issue marriage licenses squarely on county clerks by statute, and I have no legal authority to relieve them of their statutory authority by executive order."
Beshear's comments largely centered on criticism he has received from Davis' supporters, questioning why he has not issued an executive order that would allow clerks to pass off the duty of issuing marriage licenses to other public officials or call for a special session of the Kentucky General Assembly in search of a resolution.
He said, "The General Assembly will convene in just four months and can make any statutory changes it deems necessary at that time. I see no need to spend hundreds of thousands of dollars of taxpayers' money calling a special session of the General Assembly when 117 of 120 county clerks are doing their jobs."
Davis' legal counsel requested that Bunning hold off on punishing Davis until the Kentucky legislature had a chance to possibly reevaluate the statutes outlining how marriage licenses are issued in the Commonwealth. Bunning refused but said, "It would be better for everyone" if lawmakers took up the issue in search of some level of statutory compromise.
Kim Davis was booked into the Carter County jail Thursday evening. Bunning did not put a time limit on her incarceration, adding that her ticket to freedom would be agreeing to comply with court order.
