Date: 09-03-2015

UPDATE:

Five deputy clerks tell federal judge they will issue marriage licenses in Rowan County 

By John Cheves
Lexington Herald-Leader

ASHLAND — Faced with the threat of jail, five deputies of Rowan County Clerk Kim Davis told a federal judge Thursday that they will comply with his order to issue marriage licenses starting Friday morning.

The only holdout was deputy clerk Nathan Davis, who is the son of Kim Davis.

Earlier Thursday, U.S. District Judge David Bunning ordered Kim Davis jailed after finding her in contempt of court for ignoring his order to issue marriage licenses.

Bunning initially ordered Davis to remain in jail until she agrees to comply with his Aug. 12 order, but he scheduled a new hearing for 3:30 p.m. to reconsider that decision after her deputies said they would issue licenses in her absence.

Davis, an Apostolic Christian, has refused to give anyone a marriage license since the U.S. Supreme Court legalized same-sex marriage June 26, citing her religious objections. A half-dozen local couples are suing her.

Davis was tearful while testifying about her religious faith during the hearing but was stoic as she was led from the courtroom.

Outside, cheers erupted as news of Bunning’s decision reached dozens of marriage equality protesters.

Bunning told Davis he has his own religious beliefs as a Catholic, but public officials must respect the law.

“In this country, we live in a society of laws,” Bunning said. “Our system of justice requires citizens — and significantly, elected officials — to follow the rules of the courts.”

Plaintiffs in the case had asked Bunning to fine Davis, but they specifically requested that he not jail her. Bunning, though, said fines would not work because others might raise money to pay the penalty on her behalf.

Davis, 49, began a four-year term as county clerk on Jan. 5. Only the Kentucky General Assembly is authorized to remove her from office before her term expires.

The Kentucky Constitution authorizes the legislature to impeach, try and remove from office “the governor and all civil officers,” including Davis, typically in cases involving abuse of the public trust. But this would be an unlikely outcome for Davis, given the legislature’s conservative leanings.

Davis succeeded her mother, Jean W. Bailey, who was Rowan County clerk for nearly 40 years until she retired. Davis was one of her mother’s deputy clerks for much of that time, just as her 21-year-old son, Nathan, now works as one of her deputies.

Bunning is a son of former U.S. Sen. Jim Bunning, R-Ky., and previously was a federal prosecutor. He was appointed to the U.S. District Court for the Eastern District of Kentucky by President George W. Bush in 2002.

Lawyers for Davis stated in a brief filed late Wednesday that she has broad political support in Kentucky.

“Leading Kentucky legislators from both parties in both houses uniformly agree that the legislature needs to address the entire marriage scheme in light of (the Supreme Court decision), but also agree that Davis’ religious beliefs should be, and can be, accommodated. Both gubernatorial candidates in Kentucky have indicated an intent to support county clerks’ individual rights,” wrote Jonathan Christman, one of Davis’ attorneys.

Senate President Robert Stivers, R-Manchester, also filed a brief in the case late Wednesday asking Bunning to “delay, withhold or temper his ruling in this case until the General Assembly has an opportunity to establish new frameworks under Kentucky law.”

Possible legislative responses to the clerks’ protest have been discussed, including removing clerks’ names from marriage license paperwork to make them feel less personally involved, or transferring the authority to issue marriage licenses to a state agency. However, lawmakers are not scheduled to convene until January.

Federal judge jails Rowan County Clerk Kim Davis for refusing to issue marriage licenses…

ASHLAND— A federal judge ordered Rowan County Clerk Kim Davis jailed Thursday after finding her in contempt of court for ignoring his order to issue marriage licenses.

U.S. District Judge David Bunning ordered Davis to remain in jail until she agrees to comply with his Aug. 12 order. She was led from the courtroom by U.S. marshals just after 1 p.m.

Bunning also told five deputy clerks who work for Davis that they have until 1:45 p.m. to decide whether they will comply with his order to issue marriage licenses or join Davis in jail.

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.

Davis, an Apostolic Christian, has refused to give anyone a marriage license since the U.S. Supreme Court legalized same-sex marriage June 26, citing her religious objections. A half-dozen local couples are suing her.

Davis was tearful while testifying about her religious faith during the hearing but was stoic as she was led from the courtroom.

Outside, cheers erupted as news of Bunning’s decision reached dozens of marriage equality protesters.

Bunning told Davis he has his own religious beliefs as a Catholic, but public officials must respect the law.

“In this country, we live in a society of laws,” Bunning said. “Our system of justice requires citizens — and significantly, elected officials — to follow the rules of the courts.”

Plaintiffs in the case had asked Bunning to fine Davis, but they specifically requested that he not jail her. Bunning, though, said fines would not work because others might raise money to pay the penalty on her behalf.

Davis, 49, began a four-year term as county clerk on Jan. 5. Only the Kentucky General Assembly is authorized to remove her from office before her term expires.

The Kentucky Constitution authorizes the legislature to impeach, try and remove from office “the governor and all civil officers,” which includes Davis, typically in cases involving abuse of the public trust. But this would be an unlikely outcome for Davis given the legislature’s conservative leanings.

Davis succeeded her mother, Jean W. Bailey, who was Rowan County clerk for nearly 40 years until she retired. Davis served as one of her mother’s deputy clerks for much of that time, just as her 21-year-old son, Nathan, now works as one of her deputies.

Bunning is a son of former U.S. Sen. Jim Bunning, R-Ky., and previously a federal prosecutor. He was appointed to U.S. District Court for the Eastern District of Kentucky by Republican President George W. Bush in 2002.

Lawyers for Davis noted in a brief filed late Wednesday that she has broad political support in Kentucky.

“Leading Kentucky legislators from both parties in both houses uniformly agree that the legislature needs to address the entire marriage scheme in light of (the Supreme Court decision), but also agree that Davis’ religious beliefs should be, and can be, accommodated. Both gubernatorial candidates in Kentucky have indicated an intent to support county clerks’ individual rights,” wrote Jonathan Christman, one of Davis’ attorneys.

Senate President Robert Stivers, R-Manchester, also filed a brief in the case late Wednesday asking Bunning to “delay, withhold or temper his ruling in this case until the General Assembly has an opportunity to establish new frameworks under Kentucky law.”

Possible legislative responses to the clerks’ protest have been discussed, including removing clerks’ names from marriage license paperwork to make them feel less personally involved, or transferring the authority to issue marriage licenses to a state agency. However, lawmakers are not scheduled to convene until January.

By John Cheves
Lexington Herald-Leader