Judge Frees Kentucky Clerk Jailed in Gay Marriage Fight
Kim Davis, the Rowan County, Ky., clerk who was
held in contempt for defying a court order to issue the licenses to
same-sex couples, has been ordered freed.
Kim Davis Freed From Jail in Kentucky Gay Marriage Dispute
GRAYSON, Ky. — Kim Davis, the Kentucky county clerk who was jailed
last week after she defied a court’s order that she issue marriage
licenses to same-sex couples, was ordered released on Tuesday.
In a two-page order issued Tuesday, the judge who sent her to jail, David L. Bunning
of Federal District Court, said he would release Ms. Davis because he
was satisfied that her office was “fulfilling its obligation to issue
marriage licenses to all legally eligible couples.”
“She’s
a free woman,” the Carter County jailer, R. W. Boggs, said as he
stepped outside the jail, though Ms. Davis had not been seen. She was
meeting, according to reports, with Mike Huckabee, the Republican
presidential candidate and former governor of Arkansas, ahead of a rally
later on Tuesday.
Judge
Bunning ordered that Ms. Davis “shall not interfere in any way,
directly or indirectly, with the efforts of her deputy clerks to issue
marriage licenses to all legally eligible couples.” He said any such
action would be regarded as “a violation” of his release order.
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Although a Supreme Court decision in June legalized same-sex marriage
throughout the United States, Ms. Davis, the Rowan County clerk, said
her beliefs as an Apostolic Christian kept her from sanctioning any such
nuptials. Judge Bunning ruled last month that she was required by law
to issue the licenses. When she maintained her resistance, he held her
in contempt and sent her to jail.
Ms.
Davis’s argument and incarceration have resonated deeply among
Christian conservatives, many of whom say they fear an erosion of
religious liberty, and transformed the clerk of a rural Kentucky county
into an unyielding symbol of opposition to same-sex marriage.
Ms.
Davis’s deputies began issuing marriage licenses to same-sex couples
after she was jailed. In a signal of the possible courtroom battles to
come, Ms. Davis’s lawyers have questioned whether those licenses are
valid, but Rowan County officials have insisted they will be recognized.
Word
of Ms. Davis’s impending release came shortly ahead of visits planned
by Mr. Huckabee, and another Republican presidential candidate, Senator
Ted Cruz of Texas.
A
handful of local schools were closed Tuesday as the streets of this
small town, population 4,200, near the border with West Virginia,
swelled with traffic. Scores of people gathered outside the jail hours
before Mr. Huckabee’s speech was scheduled to begin. Many people sat in
lawn chairs they brought from their homes, while a man used a megaphone
to urge people to repent. Streets were crowded as traffic slowed, and
one entrepreneur offered parking spaces for $20 each.
On
a street near the squat jail, demonstrators lined up along the roadway,
where a sign leaned against a truck and read, “Judges Don’t Make Laws
And Are Not Above The Law.”
“This
is not a political campaign, and I don’t want it to be and neither
would Kim,” a lawyer for Ms. Davis, Mathew D. Staver, said of the rally.
“This is an event to honor God. It’s an event to stand with Kim and ask
for Kim to be free.”
In
a matter of days, Ms. Davis, 49, who was first elected county clerk
last year, has vaulted from obscure local official to national lightning
rod in the debate over gay marriage. She has become a hero to Christian
conservatives who oppose same-sex unions, and a caricature of rural
backwardness to people who support it.
Document
Kim Davis Contempt Order Lifted
Five days after jailing Ms. Davis, the Rowan County,
KY., clerk, for refusing to issue marriage licenses to same-sex couples,
Judge David L. Bunning of Federal District Court signed an order
releasing her from behind bars.
A
number of other local officials in several states took similar stances,
but many of them have relented. Among the court fights that have
resulted, the litigation around Ms. Davis’ position has gone farthest
and drawn the most attention.
Last
month, Judge Bunning ruled against Ms. Davis’ claim that giving
licenses to same-sex couples would infringe on her freedom of religion,
and ordered her to resume issuing the licenses. She appealed. A federal
appeals court turned down her request to stay Judge Bunning’s order,
pending the outcome of her appeal, and on Aug. 31, the Supreme Court did
the same.
But
in a court hearing last Thursday, she held to her refusal to issue any
licenses. Five of her six deputies told Judge Bunning that they would be
willing to issue and sign the licenses without her approval, but Ms.
Davis’ lawyer said she would not allow that. After holding her in
contempt and ordering her to jail, the judge and told her deputies to
begin issuing marriage licenses.
On
Friday, amid loud protests on both sides, and a throng of journalists,
the Rowan County clerk’s office gave marriage licenses to six same-sex
and two opposite-sex couples.
For
Republican presidential candidates, Ms. Davis’s saga has become the
latest litmus test of commitment to religious freedom. Those who are
relying on the support of social conservatives have been ardent in their
backing of the Kentucky county clerk’s cause. Others have expressed
respect for her views while saying the law must be heeded.
As
Ms. Davis was taken to jail last week, Senator Cruz called the decision
to imprison her act of “judicial tyranny” and called upon those who
love freedom to stand with her. Senator Rand Paul of Kentucky and Gov.
Bobby Jindal of Louisiana have also criticized Ms. Davis’s jailing. Some
have suggested finding alternative ways to avoid standoffs in cases
where elected officials say they are being required to act against their
religious beliefs.
Another
Republican presidential candidate, Carly Fiorina, the former chief
executive of Hewlett-Packard, said last week that the rule of law should
be paramount and that Ms. Davis might want to consider changing jobs.
“Is
she prepared to continue to work for the government, be paid for by the
government, in which case she needs to execute the government’s will,”
Ms. Fiorina said in a radio interview. “Or does she feel so strongly
about this that she wants to sever her employment with the government
and go seek employment elsewhere where her religious liberties would be
paramount over her duties as a government employee?”
Gov.
Chris Christie of New Jersey said on Tuesday that Ms. Davis should be
moved into a different role so that her religious freedom is protected
while government continues to function. “What I would do with this woman
is move her to another job where this is not an objection for her,” Mr.
Christie said on Fox News. “We have to follow the law and the law is
these licenses have to be issued.”
Donald
J. Trump, who is leading most Republican polls, did his best not to
offend evangelical Christians who have been strong supporters of his
candidacy. He called it a “sticky situation” and said he saw both sides
of the issue, before suggesting that one of Ms. Davis’s colleagues could
issue the marriage licenses. He said that ultimately “we are a nation
of laws” and that someone in the clerk’s office must issue the licenses.
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