Clerk jailed for refusal to issue same-sex marriage licence

September 3, 2015 7:59 PM

During the hearing, one witness told the court that Davis had denied her a marriage license three times, and when Davis took the stand, the clerk explained that she could not issue the licenses because of her religious beliefs.

Kentucky clerk, Kim Davis, sent to jail for refusing to marry same-sex couples

A federal judge, Thursday, ordered Rowan County, Kentucky clerk, Kim Davis, to jail for refusing to heed a U.S. Supreme Court order legalizing same-sex marriage, and she will stay there until she complies with the ruling.

Read: 'Prohibition of gay marriage not human rights violation', NBA President says

American Civil liberties Union attorneys argued in a motion filed Monday that Davis "continues to collect compensation from the Commonwealth for duties she fails to perform."

They said they didn't want her to be jailed as punishment, but rather, the attorneys asked the court to "impose financial penalties sufficiently serious and increasingly onerous" to make her comply with the high court's order.

U.S. District Judge, David Bunning, however, apparently felt she deserved jail time, but he also told Davis she could end her incarceration by complying with the Supreme Court order and telling her deputy clerks to do the same.

Celebrations and protests erupted outside the courthouse when those who attended the hearing exited the courtroom with news of the decision.

Davis, an Apostolic Christian who says she has a sincere religious objection to same-sex marriage, has refused to issue any marriage licenses since the Supreme Court decision in June legalizing same-sex marriage.

In court documents filed Wednesday, her attorneys argue that she shouldn't be held in contempt.

Instead, they argued, there are alternatives that would allow couples to get marriage licenses in Rowan County without going against Davis' religious beliefs.

Read: ‘We’ll force Nigeria to legalize same-sex unions,’ US says

Among the options they offered were allowing other officials to issue marriage licenses in the county, distributing marriage licenses at the state level or changing marriage license forms to remove Davis' name.

Two other county clerks in Kentucky are also refusing to issue same-sex marriage licenses, according to a statement on Kentucky Governor, Steve Beshear's website.

Bunning ordered Davis to resume the issuing of marriage licenses on August 12. Monday night, the Supreme Court denied an emergency application from Davis, who asked that Bunning's order be put on hold pending appeal.

In a statement released Tuesday, Davis, a Democrat, said she has received death threats but intends to continue to serve as the county clerk, a position she was elected to fill in November.

In court papers, attorneys for Davis argued that she is unable to comply with the court orders because issuing same-sex marriage licenses "irreparably and irreversibly violates her conscience."

Finding her in contempt of court, they argued in the motion filed Wednesday, alsowould "substantially burden Davis' religious exercise."

But some scoff at the clerk, suggesting she's a hypocrite because she's been divorced three times.

Davis said she's a different person now since becoming a Christian four years ago.

"I am not perfect," she said in a statement. "No one is. But I am forgiven."

The ACLU attorneys, who represent two same-sex couples and two opposite-sex couples who want to get married in Rowan County, argued that Davis has no legal basis to avoid performing her duties as a government clerk.

Read: Court supports gay couple against baker in wedding cake dispute

And a federal prosecutor said it's time for Davis and her county to comply.

"Government officials are free to disagree with the law, but not disobey it," U.S. Attorney, Kerry B. Harvey said in a statement. "The County Clerk has presented her position through the federal court system, all of the way to the U.S. Supreme Court. It is time for the Clerk and the County to follow the law."