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'''Kimberly Jean Bailey Davis'''<ref name= license>{{cite news |title= How did license case get to this point ... and what might happen next? |work= Lexington Herald-Leader |location= Lexington, Kentucky |date= September 3, 2015 |first= John |last= Cheves |url= http://infoweb.newsbank.com.dclibrary.idm.oclc.org/iw-search/we/InfoWeb?p_product=AWNB&p_theme=aggregated5&p_action=doc&p_docid=157A2EF69689F178&p_docnum=1&p_queryname=9 }}</ref> (born September 17, 1965) is a [[Rowan County, Kentucky]], [[Clerk (municipal official)|clerk]] who, stating she was acting "under God’s authority",<ref name=Blinder /> defied a U.S. Federal Court [[Miller v. Davis|ruling]] requiring that she issue marriage licenses to same-sex couples following the ''[[Obergefell v. Hodges]]'' [[Supreme Court of the United States|U.S. Supreme Court]] case that legalized same-sex marriage in the United States.<ref name=Blinder>{{cite news |url= http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html?_r=0 |title= Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work= [[The New York Times]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Blinder |first1= Alan |last2= Perez-Pena |first2= Richard |last-author-amp=yes}}</ref><ref name=Bobic>{{cite news |url= http://www.huffingtonpost.com/entry/kentucky-clerk-gay-marriage-license_55e5a2bfe4b0b7a9633a2303 |title= Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange |work= [[The Huffington Post]] |date= September 1, 2015 |accessdate= September 1, 2015 |last= Bobic |first= Igor}}</ref><ref name=Higdon>{{cite news | url=http://www.washingtonpost.com/news/post-nation/wp/2015/09/01/will-kentucky-clerk-kim-davis-issue-gay-marriage-licenses-after-supreme-court-ruling/ | title=Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses |work= [[The Washington Post]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Higdon |first1= Jim |last2= Larimer |first2= Sarah |last3= Somashekhar |first3= Sandhya |last-author-amp= yes}}</ref><ref name=Wynn>{{cite news |url= http://www.usatoday.com/story/news/nation/2015/09/01/ky-clerk-defies-court-refuses-issue-marriage-license-gays/71505008/ |title= Gay Couples Ask judge to Hold Clerk in Contempt |work= [[USA Today]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Wynn |first1= Mike |last2= Wolfson |first2= Andrew |last-author-amp= yes}}</ref> Davis filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she seeks an appeal. The Supreme Court denied the application.<ref name=deVogue>{{cite news |url= http://www.cnn.com/2015/08/31/politics/kentucky-gay-marriage-licenses-supreme-court/index.html |title= ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses |publisher= [[CNN]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= de Vogue |first1= Ariane |last2= Diamond |first2= Jeremy |last-author-amp=yes}}</ref> On September 3, 2015, Davis was jailed for [[contempt of court]].<ref name=Graham/><ref name=Ortiz/>
'''Kimberly Jean Bailey Davis'''<ref name= license>{{cite news |title= How did license case get to this point ... and what might happen next? |work= Lexington Herald-Leader |location= Lexington, Kentucky |date= September 3, 2015 |first= John |last= Cheves |url= http://infoweb.newsbank.com.dclibrary.idm.oclc.org/iw-search/we/InfoWeb?p_product=AWNB&p_theme=aggregated5&p_action=doc&p_docid=157A2EF69689F178&p_docnum=1&p_queryname=9 }}</ref> (born September 17, 1965) is a [[Rowan County, Kentucky]], [[Clerk (municipal official)|clerk]] who defied a U.S. Federal Court [[Miller v. Davis|ruling]] requiring that she issue marriage licenses to same-sex couples following the ''[[Obergefell v. Hodges]]'' [[Supreme Court of the United States|U.S. Supreme Court]] case that legalized same-sex marriage in the United States.<ref name=Blinder>{{cite news |url= http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html?_r=0 |title= Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work= [[The New York Times]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Blinder |first1= Alan |last2= Perez-Pena |first2= Richard |last-author-amp=yes}}</ref><ref name=Bobic>{{cite news |url= http://www.huffingtonpost.com/entry/kentucky-clerk-gay-marriage-license_55e5a2bfe4b0b7a9633a2303 |title= Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange |work= [[The Huffington Post]] |date= September 1, 2015 |accessdate= September 1, 2015 |last= Bobic |first= Igor}}</ref><ref name=Higdon>{{cite news | url=http://www.washingtonpost.com/news/post-nation/wp/2015/09/01/will-kentucky-clerk-kim-davis-issue-gay-marriage-licenses-after-supreme-court-ruling/ | title=Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses |work= [[The Washington Post]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Higdon |first1= Jim |last2= Larimer |first2= Sarah |last3= Somashekhar |first3= Sandhya |last-author-amp= yes}}</ref><ref name=Wynn>{{cite news |url= http://www.usatoday.com/story/news/nation/2015/09/01/ky-clerk-defies-court-refuses-issue-marriage-license-gays/71505008/ |title= Gay Couples Ask judge to Hold Clerk in Contempt |work= [[USA Today]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Wynn |first1= Mike |last2= Wolfson |first2= Andrew |last-author-amp= yes}}</ref> Davis filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she seeks an appeal. The Supreme Court denied the application.<ref name=deVogue>{{cite news |url= http://www.cnn.com/2015/08/31/politics/kentucky-gay-marriage-licenses-supreme-court/index.html |title= ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses |publisher= [[CNN]] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= de Vogue |first1= Ariane |last2= Diamond |first2= Jeremy |last-author-amp=yes}}</ref> On September 3, 2015, Davis was jailed for [[contempt of court]].<ref name=Graham/><ref name=Ortiz/>


==Career==
==Career==

Revision as of 03:38, 4 September 2015

Kim Davis
Clerk of Rowan County, Kentucky
Assumed office
January 5, 2015[1]
Preceded byJean W. Bailey
Personal details
Born (1965-09-17) September 17, 1965 (age 58)
Morehead, Kentucky, U.S.
Political partyDemocratic
Spouse(s)Dwain Allen Wallace (1984-1994)[2]
Joe Davis (1996-2004, 2009-present)
Thomas Dale McnIntyre Jr. (2007-2008)
Residence(s)Morehead, Kentucky

Kimberly Jean Bailey Davis[3] (born September 17, 1965) is a Rowan County, Kentucky, clerk who defied a U.S. Federal Court ruling requiring that she issue marriage licenses to same-sex couples following the Obergefell v. Hodges U.S. Supreme Court case that legalized same-sex marriage in the United States.[4][5][6][7] Davis filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she seeks an appeal. The Supreme Court denied the application.[8] On September 3, 2015, Davis was jailed for contempt of court.[9][10]

Career

Deputy clerk

Kim Davis served as Rowan County chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years[11] Kentucky law permits elected county officials to employ their family members and to determine their compensation; it is common practice in the state.[11]

In 2011, county residents complained about Davis' compensation, an annual wage of $51,812 and an additional $11,301 in overtime and other compensation during 2011.[11] Davis earned substantially more than the county's other chief deputies, including $38,000 for the Chief Deputy Sheriff Joe Cline and $36,000 to the Deputy Judge-Executive Jerry Alderman, neither of whom receive overtime pay.[11] The County Fiscal Court reviewed the compensation of clerks in the office and voted unanimously to cut the department's salary budget by one-third for 2012.[11]

2014 election

In 2014, Bailey chose not to run for re-election.[12] Davis then ran for county clerk as a Democrat.

At a candidate forum, Davis said she was best qualified for the position because of her 26 years of experience in the clerk's office.[13] Candidate Elwood Caudill Jr. said he would save taxpayers' money by increasing efficiency and delivering excellent customer services while drawing on his 17 years of experience with public records.[13] Candidate Charlotte Combess said she was qualified for the position because of her experience budgeting for her two businesses and her work for Morehead State University's financial aid and admissions offices.[13]

Davis won the Democratic Party primary,[12] and advanced to the general election against Republican John Cox.[14] She defeated Cox in the general election, becoming the Rowan county clerk.[15][16] As county clerk, she receives an annual salary of $80,000.[7][17]

Following her win, Davis told the Morehead News, "My words can never express the appreciation but I promise to each and every one that I will be the very best working clerk that I can be and will be a good steward of their tax dollars and follow the statutes of this office to the letter."[1]

Same-sex marriage ruling

On June 26, 2015, the U.S. Supreme Court made a landmark ruling in the case of Obergefell v. Hodges, 576 U.S. ___ (2015), in which the Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.[18][19]

Following the ruling, eighteen counties, all in Alabama, Kentucky, and Texas, continued not to issue licenses to same-sex couples. Eleven in Alabama, as well as Rowan County, Kentucky decided to stop issuing marriage licenses altogether rather than issue them to same-sex couples.[20][21]

In August 2015, Davis refused to follow a court order requiring her to issue marriage licenses to same-sex couples.[3] She refused on grounds of religious freedom, stating that she was acting "under God’s authority".[4] Some sources have questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".[22][23][24]

First-degree official misconduct is a misdemeanor according to Kentucky penal code.[3] It applies to a public official who "refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office."[3] If convicted, a public official may be sentenced to up to a year in jail and a $500 fine.[3]

The United States District Court for the Eastern District of Kentucky and the United States Court of Appeals for the Sixth Circuit ruled that she must issue marriage licenses. The U.S. Supreme Court declined to hear the matter, ordering Davis to follow the lower court's ruling. She again refused.

Contempt hearing

Davis was ordered to appear with her six deputy clerks before a U.S. district court judge on September 3 in Ashland.[25] The American Civil Liberties Union (ACLU) asked the court to impose a fine on Davis rather than incarcerate her,[26] but following the court appearance, Davis was taken into custody by U.S. Marshals and was jailed for contempt of court. The judge said she will remain incarcerated until she complies with the court's order to issue marriage licenses.[9][10] Of the six deputy clerks who report to Davis, only Davis' son Nathan refused to comply with the court's order to start issuing marriage licenses.[4]

Davis is represented by attorneys from the law firm Liberty Counsel.[27][28] On August 31, in response to the U.S. Supreme Court's refusal to grant her stay request, she said:

I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. 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.[29]

On September 2, Steven R. Shapiro, legal director of the ACLU, said: "The law is clear and the courts have spoken. The duty of public officials is to enforce the law, not place themselves above it."[30]

Personal life

Davis describes herself as an Apostolic Pentacostal Christian[6][31] and attends church services three times a week.[32] She experienced a "religious awakening" in 2011, following her mother-in-law's (Vondal Lee Bailey Davis)[33] "dying wish" that she attend church.[31] Davis has held Bible study for inmates of the Rowan County jail.[31]

Davis has been married four times to three different husbands. Her second and fourth husbands are the same. The first three marriages ended in divorces in 1994, 2006, and 2008. She is the mother of twins, who were born five months after her divorce from her first husband in 1994. Her third husband is the biological father of her twins, who were adopted by her fourth husband, Joe.[34]

Joe supports her stance against same-sex marriage.[24] One of her twin sons, Nathan, works in her office as a deputy clerk and has taken the same position to deny marriage certificates to same-sex couples.[35]

Election history

Rowan County, Kentucky County Clerk general election, 2014[36]
Party Candidate Votes % ±%
Democratic Kim Davis 3,909 53.2%
Republican John C. Cox 3,444 46.8%
Rowan County, Kentucky County Clerk Democratic primary, 2014[37]
Party Candidate Votes % ±%
Democratic Kim Davis 1,817 46.2%
Democratic Elwood Caudill, Jr. 1,794 45.6%
Democratic Charlotte Combess 322 8.2%

References

  1. ^ a b "Davis following her mother as county clerk". Morehead News. Morehead, Kentucky. November 7, 2014.
  2. ^ Mack, David (September 1, 2015). "Meet Kim Davis, the Woman Denying Same-Sex Couples Marriage Licenses In Kentucky". BuzzFeed News. Retrieved September 3, 2015.
  3. ^ a b c d e Cheves, John (September 3, 2015). "How did license case get to this point ... and what might happen next?". Lexington Herald-Leader. Lexington, Kentucky.
  4. ^ a b c Blinder, Alan; Perez-Pena, Richard (September 1, 2015). "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court". The New York Times. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help) Cite error: The named reference "Blinder" was defined multiple times with different content (see the help page).
  5. ^ Bobic, Igor (September 1, 2015). "Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange". The Huffington Post. Retrieved September 1, 2015.
  6. ^ a b Higdon, Jim; Larimer, Sarah; Somashekhar, Sandhya (September 1, 2015). "Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses". The Washington Post. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
  7. ^ a b Wynn, Mike; Wolfson, Andrew (September 1, 2015). "Gay Couples Ask judge to Hold Clerk in Contempt". USA Today. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
  8. ^ de Vogue, Ariane; Diamond, Jeremy (September 1, 2015). "ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses". CNN. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
  9. ^ a b Graham, Alexandria (September 3, 2015). "Court adjourned: Kim Davis jailed for contempt of court". ABC News. Retrieved September 3, 2015.
  10. ^ a b Ortiz, Erik (September 3, 2015). "Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt". NBC News. Retrieved September 3, 2015.
  11. ^ a b c d e Kappes, Keith (December 27, 2011). "County clerk 's office budget reduced first time". Morehead News. Morehead, Kentucky.
  12. ^ a b "Blevins wins judge-executive nomination". Morehead News. Morehead, Kentucky. May 20, 2014.
  13. ^ a b c Stacy, Brad (April 25, 2014). "Primary candidates featured at forum". Morehead News. Morehead, Kentucky.
  14. ^ "County clerk 's race more contested than usual". Morehead News. Morehead, Kentucky. October 17, 2014.
  15. ^ Menville, Shayla (October 17, 2014). "County Clerk's Race More Contested than Usual". Morehead News. Morehead, Kentucky. Retrieved September 1, 2015.
  16. ^ "Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order". Fox News. Associated Press. August 13, 2015. Retrieved September 1, 2015.
  17. ^ "Clerk in Ky. marriage fight has turbulent marital history". CBS News. September 2, 2015. Retrieved September 3, 2015.
  18. ^ Obergefell v. Hodges, 576 US ___, *22 (June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
  19. ^ Denniston, Lyle (June 26, 2015). "Opinion Analysis: Marriage Now Open to Same-Sex Couples". SCOTUSblog. Retrieved July 2, 2015.
  20. ^ Chamberland, Michele (August 22, 2015). "Thousands Rally for Clerks Denying Gay Marriage Licenses". Lexington, KY: WKYT-TV. Retrieved August 31, 2015.
  21. ^ "Local Government Responses to Obergefell v. Hodges". Ballotpedia. August 21, 2015. Retrieved August 31, 2015.
  22. ^ Felton, Ryan (September 2, 2015). "Kentucky clerk denying licenses to gay couples has married four times". The Guardian. Retrieved September 3, 2015.
  23. ^ Arana, Gabriel (September 2, 2015). "Dan Savage: Thrice-Divorced Kim Davis Is A 'Hypocrite,' Just 'Waiting To Cash In'". The Huffington Post. Retrieved September 3, 2015.
  24. ^ a b Galofaro, Claire (September 2, 2015). "Kentucky Clerk in Gay Marriage Fight Says to Her, It's 'a Heaven or Hell Decision'". US News and World Report. Associated Press.
  25. ^ "Defiant Kentucky county clerk to learn fate soon". CBS News. September 3, 2015. Retrieved September 3, 2015.
  26. ^ Oh, Inae (September 3, 2015). "Kentucky Clerk Kim Davis Headed to Court Over Refusal to Issue Gay Marriage Licenses". Mother Jones. Retrieved September 3, 2015.
  27. ^ Stern, Mark Joseph (August 31, 2015), Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?, Slate, retrieved September 3, 2015 {{citation}}: Italic or bold markup not allowed in: |publisher= (help)
  28. ^ Hatewatch Staff (February 9, 2015). "Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages". Southern Poverty Law Center. Retrieved September 3, 2015. Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.
  29. ^ Liberty Counsel (September 1, 2015), Statement of Kentucky Clerk Kim Davis, Liberty Counsel, retrieved September 3, 2015
  30. ^ de Vogue, Ariane (September 2, 2015), Kentucky clerk who won't issue marriage licenses divorced three times, CNN, retrieved September 3, 2015 {{citation}}: Italic or bold markup not allowed in: |publisher= (help)
  31. ^ a b c Blinder, Alan; Fausset, Richard (September 1, 2015). "Kim Davis, a Local Fixture, and Now a National Symbol". The New York Times. Retrieved September 2, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
  32. ^ Blackford, Linda B. (July 20, 2015). "Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses". Lexington Herald-Leader. Retrieved September 1, 2015.
  33. ^ "Vondal 'Vonda' Davis". The Journal-Times. Grayson, KY. January 26, 2011. Retrieved September 2, 2015.
  34. ^ Nelson, Steven (September 1, 2015). "Kentucky Clerk Fighting Gay Marriage Has Wed Four Times". U.S. News & World Report. Retrieved September 3, 2015.
  35. ^ "Defiant clerk may avoid jail as deputies agree to follow law". Boston Herald. Associated Press. September 3, 2015.
  36. ^ "2014 General Election". Rowan County Clerk. November 4, 2014. Retrieved September 3, 2015.
  37. ^ "Primary Election Rowan County Recapitulation Sheet May 20, 2014" (PDF). Rowan County Clerk. p. 4. Retrieved September 3, 2015.