Judge orders defiant Kentucky clerk to jail after she refuses to issue marriage licenses
A federal judge has ordered a defiant Kentucky clerk to jail after she refused to issue marriage licenses to gay couples.
U.S. District Judge David Bunning told Rowan County Clerk Kim Davis she would be jailed until she complied with his order to issue the licenses. Davis said "thank you" before she was led out of the courtroom by a U.S. marshal. She was not in handcuffs.
Davis has refused to issue marriages licenses for two months since the Supreme Court legalized gay marriage. She argues that her Christian faith should exempt her from signing the licenses.
Davis and her deputy clerks were summoned to appear before U.S. District Judge David Bunning after she repeatedly denied marriage licenses, cited her religious beliefs and "God's authority."
Before the hearing, hundreds of protesters on both sides of the issue filled the street in front of the federal courthouse. The demonstrators shouted at one another, chanted, sang hymns and waved signs, which ranged from the violent — turn to Jesus or burn — to simple statements of support. A small plane flew over the courthouse, carrying a banner that said: "Stand Firm Kim."
Davis stopped issuing licenses to all couples in June after the U.S. Supreme Court effectively legalized gay marriage. Despite rulings against her, she's turned away couples again and again.
The couples who originally sued in the case have asked Bunning to punish Davis with fines but not jail time.
Davis, an Apostolic Christian, said earlier this week she never imagined this day would come.
"I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God's word," her statement said.
Her critics mock this moral stand, noting that Davis is on her fourth husband after being divorced three times.
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. Davis' own son is on the staff.
As an elected official, she can be removed only if the Legislature impeaches her, which is unlikely in a deeply conservative state.
Judge Bunning is the son of Jim Bunning, the Hall of Fame pitcher for the Detroit Tigers and Philadelphia Phillies who served two terms as Kentucky's junior U.S. Senator. Former Republican President George W. Bush nominated David Bunning for a lifetime position as a federal judge in 2001 when he was just 35 years old, halfway through his dad's first term in the Senate.
But Bunning has been anything but a sure thing for conservative causes. In 2007, he was part of a three-judge panel on a federal appeals court that overturned Michigan's ban on partial-birth abortion. The panel ruled the state's law was too broad and would outlaw other legal forms of abortion.
In 2003, Bunning ordered the Boyd County School District to allow the student club Gay-Straight Alliance to meet on campus.