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'''Kimberly Jean Bailey Davis'''<ref name="Cheves">{{cite news |first=John |last=Cheves |title=Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses? |date=September 2, 2015 |accessdate=September 4, 2015 |work=[[Lexington Herald-Leader]] |url=http://www.kentucky.com/2015/09/02/4017124_qa-what-can-federal-judge-do-to.html}}</ref> (born September 17, 1965) is the [[clerk (municipal official)|county clerk]] of [[Rowan County, Kentucky]]. In 2015, Davis gained national media attention after defying a federal [[court order]] requiring that she issue [[marriage license]]s following the [[U.S. Supreme Court]] decision in ''[[Obergefell v. Hodges]]'', which held that there is a [[same-sex marriage in the United States|right to same-sex marriage]] guaranteed by the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]].<ref name="Blinder-Perez">{{cite news |url=http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html |title=Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work=[[The New York Times]] |date=September 1, 2015 |last1=Blinder |first1=Alan |last2=Perez-Pena |first2=Richard |authorlink1=Alan Blinder |accessdate=September 1, 2015}}</ref><ref name="Bobic">{{cite news |last=Bobic |first=Igor |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}}</ref><ref name="Higdon">{{cite news |last1=Higdon |first1=James |last2=Larimer |first2=Sarah |last3=Somashekhar |first3=Sandhya |last4=Izadi |first4=Elahe |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 6, 2015}}</ref><ref name="Wynn">{{cite news |last1=Wynn |first1=Mike |last2=Wolfson |first2=Andrew |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 punish defiant clerk |work=[[USA Today]] |date=September 1, 2015 |accessdate=September 1, 2015}}</ref>
'''Kimberly Jean Bailey Davis'''<ref name="Cheves">{{cite news |first=John |last=Cheves |title=Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses? |date=September 2, 2015 |accessdate=September 4, 2015 |work=[[Lexington Herald-Leader]] |url=http://www.kentucky.com/2015/09/02/4017124_qa-what-can-federal-judge-do-to.html}}</ref> (born September 17, 1965) is the [[clerk (municipal official)|county clerk]] of [[Rowan County, Kentucky]]. In 2015, [[Kentucky same-sex marriage license controversy|Davis gained national media attention]] after defying a federal [[court order]] requiring that she issue [[marriage license]]s following the [[U.S. Supreme Court]] decision in ''[[Obergefell v. Hodges]]'', which held that there is a [[same-sex marriage in the United States|right to same-sex marriage]] guaranteed by the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]].<ref name="Blinder-Perez">{{cite news |url=http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html |title=Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work=[[The New York Times]] |date=September 1, 2015 |last1=Blinder |first1=Alan |last2=Perez-Pena |first2=Richard |authorlink1=Alan Blinder |accessdate=September 1, 2015}}</ref><ref name="Bobic">{{cite news |last=Bobic |first=Igor |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}}</ref><ref name="Higdon">{{cite news |last1=Higdon |first1=James |last2=Larimer |first2=Sarah |last3=Somashekhar |first3=Sandhya |last4=Izadi |first4=Elahe |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 6, 2015}}</ref><ref name="Wynn">{{cite news |last1=Wynn |first1=Mike |last2=Wolfson |first2=Andrew |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 punish defiant clerk |work=[[USA Today]] |date=September 1, 2015 |accessdate=September 1, 2015}}</ref>


After the Supreme Court decision, Davis began refusing to issue any licenses, either to same-sex or opposite-sex couples.<ref name="NYT1">{{cite news |last=Strolbergaug |first=Sheryl Gay |title=Kentucky Clerk Defies Court on Marriage Licenses for Gay Couples |work=[[The New York Times]] |date=August 13, 2015 |url=http://www.nytimes.com/2015/08/14/us/kentucky-rowan-county-same-sex-marriage-licenses-kim-davis.html |accessdate=September 8, 2015}}</ref> Four couples represented by the [[American Civil Liberties Union|ACLU]] filed a lawsuit against Davis (''[[Miller v. Davis]]''). The [[U.S. District Court for the Eastern District of Kentucky]] ordered Davis to issue licenses as required by law. Her lawyers filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she pursued an appeal, but the application was denied.<ref name="deVogue">{{cite news |last1=de Vogue |first1=Ariane |last2=Diamond |first2=Jeremy |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}}</ref> Davis continued to defy the court order and deny marriage licenses, saying she was acting "under God's authority". Davis was subsequently jailed for [[contempt of court]], then released five days later. When she returned to work, she stated she would not interfere with her deputies, who had begun issuing licences according to the court order.<ref name="npr2"/><ref name="cnn2"/> In September 2015, [[Kentucky Attorney General]] [[Jack Conway (politician)|Jack Conway]] said that because the matter is already being handled by the federal court, the appointment of a [[special prosecutor]] to pursue charges of [[malfeasance in office|official misconduct]] against her "is not necessary at this time".<ref name="Kent0909"/>
After the Supreme Court decision, Davis began refusing to issue any licenses, either to same-sex or opposite-sex couples.<ref name="NYT1">{{cite news |last=Strolbergaug |first=Sheryl Gay |title=Kentucky Clerk Defies Court on Marriage Licenses for Gay Couples |work=[[The New York Times]] |date=August 13, 2015 |url=http://www.nytimes.com/2015/08/14/us/kentucky-rowan-county-same-sex-marriage-licenses-kim-davis.html |accessdate=September 8, 2015}}</ref> Four couples represented by the [[American Civil Liberties Union|ACLU]] filed a lawsuit against Davis (''[[Miller v. Davis]]''). The [[U.S. District Court for the Eastern District of Kentucky]] ordered Davis to issue licenses as required by law. Her lawyers filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she pursued an appeal, but the application was denied.<ref name="deVogue">{{cite news |last1=de Vogue |first1=Ariane |last2=Diamond |first2=Jeremy |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}}</ref> Davis continued to defy the court order and deny marriage licenses, saying she was acting "under God's authority". Davis was subsequently jailed for [[contempt of court]], then released five days later. When she returned to work, she stated she would not interfere with her deputies, who had begun issuing licences according to the court order.<ref name="npr2"/><ref name="cnn2"/> In September 2015, [[Kentucky Attorney General]] [[Jack Conway (politician)|Jack Conway]] said that because the matter is already being handled by the federal court, the appointment of a [[special prosecutor]] to pursue charges of [[malfeasance in office|official misconduct]] against her "is not necessary at this time".<ref name="Kent0909"/>
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== See also ==
* [[Kentucky same-sex marriage license controversy]]


==References==
==References==

Revision as of 22:12, 20 September 2015

Kim Davis
Clerk of Rowan County, Kentucky
Incumbent
Assumed office
January 5, 2015[1]
Preceded byJean W. Bailey
Personal details
Born
Kimberly Jean Bailey

(1965-09-17) September 17, 1965 (age 59)[2]
Morehead, Kentucky, U.S.
Political partyDemocratic
Spouses
  • Dwain Allen Wallace
      (1984–1994)[3]
  • Joe Davis
      (1996–2004, 2009–present)[4]
  • Thomas Dale McIntyre Jr.
      (2007–2008)
Residence(s)Morehead, Kentucky
Known forRefusal to comply with a federal court order directing her to issue marriage licenses following Obergefell v. Hodges

Kimberly Jean Bailey Davis[5] (born September 17, 1965) is the county clerk of Rowan County, Kentucky. In 2015, Davis gained national media attention after defying a federal court order requiring that she issue marriage licenses following the U.S. Supreme Court decision in Obergefell v. Hodges, which held that there is a right to same-sex marriage guaranteed by the Fourteenth Amendment.[6][7][8][9]

After the Supreme Court decision, Davis began refusing to issue any licenses, either to same-sex or opposite-sex couples.[10] Four couples represented by the ACLU filed a lawsuit against Davis (Miller v. Davis). The U.S. District Court for the Eastern District of Kentucky ordered Davis to issue licenses as required by law. Her lawyers filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she pursued an appeal, but the application was denied.[11] Davis continued to defy the court order and deny marriage licenses, saying she was acting "under God's authority". Davis was subsequently jailed for contempt of court, then released five days later. When she returned to work, she stated she would not interfere with her deputies, who had begun issuing licences according to the court order.[12][13] In September 2015, Kentucky Attorney General Jack Conway said that because the matter is already being handled by the federal court, the appointment of a special prosecutor to pursue charges of official misconduct against her "is not necessary at this time".[14]

Career

Deputy clerk

From 1991 to 2015, Davis served as chief deputy clerk of Rowan County, reporting to her mother, Rowan County Clerk Jean W. Bailey.[15]

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.[15] While deputy clerk, Davis earned more than other chief deputies in the county: Chief Deputy Sheriff Joe Cline received $38,000 annually and Deputy Judge-Executive Jerry Alderman $36,000 annually; neither position receives overtime pay.[15] After the County Fiscal Court reviewed the compensation of clerks in the office a vote was taken with the result being a unanimous decision to cut the County Clerk's office budget for salary by one-third for 2012.[15]

2014 election

After her mother announced she would not run for re-election in 2014, Davis filed as a Democratic candidate for county clerk.[16] At a candidates' forum, Davis stated she felt she was best qualified for the position because of her 26 years of experience in the clerk's office.[17]

Davis won the Democratic primary,[16] advancing to the general election against Republican John Cox.[18] Although Cox made complaints of nepotism during the campaign, Davis prevailed in the general election.[19] After winning the race, 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][18][20]

Davis took the oath of office as Rowan County clerk on January 5, 2015, beginning a four-year term slated to end on January 7, 2019.[21][22] As clerk, Davis receives an annual salary of $80,000.[4][9]

Same-sex marriage ruling

Main article: Miller v. Davis

On June 26, 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges, 576 U.S. ___ (2015), holding 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 U.S. Constitution.[23][24] Following the ruling, fifteen counties in three states continued to deny marriage licenses to same-sex couples. The probate judges of eleven counties in Alabama were allowed to temporarily deny marriage licenses by the Alabama Supreme Court, the clerk of one Texas county chose to resign rather than issue such licenses, and the clerks of two counties in Kentucky were not issuing licenses due to paperwork delays[10][25][26] and would not speak at a Family Foundation of Kentucky protest rally held at the State Capitol. Davis, however, spoke briefly at the rally, saying "I need your prayers ... to continue to stand firm in what we believe."[27] She began turning away gay couples from her county office who were there seeking marriage licenses, then began denying marriage licenses to all couples, gay or straight, rather than issue them to same-sex couples.[10][26]

On July 1, 2015, four couples who were denied a marriage license—two same-sex couples and two opposite-sex couples—filed a lawsuit against Davis represented by the American Civil Liberties Union (ACLU) of Kentucky.[10][28] In August 2015, federal district judge David L. Bunning of the U.S. District Court for the Eastern District of Kentucky, the judge assigned to the case, issued a stay temporarily barring Davis from "applying her 'no marriage licenses' policy to future marriage license requests".[10][29] Before the stay expired, the U.S. Court of Appeals for the Sixth Circuit refused to extend that ruling for an appeal. "It cannot be defensibly argued that the holder of the Rowan County Clerk's office ... may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court," the unanimous three-judge panel wrote in their refusal. "There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal," the panel further said.[29] Through her attorneys from the Orlando, Florida-based law firm Liberty Counsel,[30][a] Davis filed an emergency application to appeal with the U.S. Supreme Court. In a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from continuing to denying marriage licenses to couples.[11][29]

However, Davis continued to defy Bunning's order after the Supreme Court upheld it.[5][32] When several couples sought to obtain marriage licenses, Davis turned them away, saying she was acting "under God's authority".[6][7] Some sources questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".[33][34][35][36]

Contempt of court

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.[37]

File:KimDavis.jpg
Davis' booking photo from the Carter County Detention Center

Bunning ordered Davis and her six deputy clerks to appear before him on September 3 in Ashland after the two gay couples and two straight couples sought to have her held in contempt of court.[38][39] The four couples and the ACLU asked the court to fine Davis.[40] Bunning ruled in favor of the plaintiffs and held Davis in contempt, but remanded her to custody after the hearing. The judge said she would remain in jail until she complied with the court's order to issue marriage licenses.[41][42] Bunning reportedly said that fines were not an option "because outsiders would pay them for her".[43] Of the six deputy clerks who report to Davis, only her son Nathan refused to comply with the court's order to start issuing marriage licenses.[44] After the hearing, she was transported by the U.S. Marshals to the Carter County Detention Center in Grayson.[45]

Through her attorneys from Liberty Counsel, Davis filed an appeal from the order holding her in contempt of court, asking that she be immediately released from jail and her name removed from marriage licenses, allowing her deputies to issue them.[46] Separately, Davis asked Kentucky Governor Steve Beshear to free her. The governor's office said that the conflict was a "matter between her and the courts" and added that the governor had no power to release her.[47] Rowan County Democratic Judge-Executive Walter Blevins,[48] who said he didn't believe he would need to appoint a replacement for Davis, said he believes "the General Assembly will pass something where marriage licenses don't have anyone's name on them. Jack Conway [the Attorney General of Kentucky] is saying the same thing."[49]

Five days later on September 8, Bunning ordered Davis released from jail.[50][51][52] The order stated:

Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. Defendant 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. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered.[53]

Bunning's order also stated that Davis' deputy clerks must comply with his earlier order to issue marriage licences and to submit status reports confirming their compliance to him every fourteen days.[51][52][53] The deputy clerks released statements pledging to continue issuing licenses after Davis' release and to ignore any order from her to do otherwise, complying with the federal judge's order.[14][54] Licenses issued since Davis' refusal state that they are authorized by "the office of the Rowan County Clerk" but no longer bear her name.[55][56] Davis supporters who gathered at the Rowan County Courthouse said that her deputies were unlawfully issuing licenses and should resign or be fired.[57][58]

Davis returned to work a week later, on September 14, 2015, and said she would not interfere with any deputy clerk who issues marriage licenses, but she said she would not personally issue or authorize any of the forms.[12] The same day, a same sex couple successfully walked out of the Rowan County, Kentucky, clerk's office with a marriage license.[13] After three trips to Davis' office by deputy clerk Brian Mason,[59] the license the couple received said "pursuant to federal court order #15-CV-44 DLB"[59] on it and listed the city of Morehead, the county seat, rather than listing Davis' name and Rowan County.[13] A member of the couple said: "My license is valid, and it's valid because of the court order that's in effect ... It doesn't have to have her signature."[60]

Reactions

Many legal experts spoke out against Kim Davis. Kerry B. Harvey, the United States Attorney for the Eastern District of Kentucky, issued a statement expressing "grave concerns about the reported failure to comply with the court's order" and stated that "government officials are free to disagree with the law, but not disobey it."[61][62] Columbia Law School professor Katherine Davis said "Kim Davis has all sorts of religious liberty rights secured under the First Amendment and under other laws, but they are not at stake in this case. All she's asked to do with couples that come before her is certify that they've met the state requirements for marriage, so her religious opposition to same-sex marriage is absolutely irrelevant."[63] Professor Steve Vladeck of American University's Washington College of Law said that Davis "waived any right to have an objection to issuing same-sex marriage licenses when she ran for the job."[61] Professor Jonathan H. Adler of the Case Western Reserve University School of Law said, "Insofar as the state's definition of an acceptable marriage differs from her own, Davis is obligated to follow the state's rule so long as she maintains her current office."[61] 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."[64] Washington Post columnist Jennifer Rubin and others compared Davis' refusal to follow orders of the U.S. Supreme Court to Alabama Governor George Wallace's "Stand in the Schoolhouse Door" in 1963.[44][65][66] The Human Rights Campaign, a national GLBT rights group, said: "Ms. Davis has the fundamental right to believe what she likes ... but as a public servant, she does not have the right to pick and choose which laws she will follow or which services she will provide."[29]

Opposition to the federal ruling came from figures such as political columnists William McGurn of the Wall Street Journal and Ray Nothstine of the Christian Post.[67][68][69] Law professor Eugene Volokh suggested that the Kentucky's state religious freedom restoration act might compel the state to accommodate Davis' religious beliefs and argued that state courts have the authority to order the removal of Davis' name from marriage licenses.[70] Kentucky Senate President Robert Stivers also came to Davis' defense; he stated in an amicus brief filed in federal court that the "Supreme Court ruling has completely obliterated the definition of marriage."[71] Liberty Counsel, the law firm defending Davis, stated "Kim Davis is being treated as a criminal because she cannot violate her conscience."[72] They also said she would not accept a proposed compromise to no longer be found in contempt if she agreed to not interfere with her deputies issuing licenses for same-sex couples.[42]

Reactions to the litigation against Davis also came from the White House, from Kentucky Governor Steve Beshear, and from candidates in the race for the 2016 presidential election. White House Press Secretary Josh Earnest said "No public official is above the rule of law, certainly not president of the United States, but neither is the Rowan county clerk."[73][74] Beshear said "the future of the Rowan County clerk is now in the hands of the courts."[75][76] Democratic presidential candidate Hillary Clinton said "Officials should be held to their duty to uphold the law – end of story."[77][78] Several Republican presidential candidates also called upon Davis to comply with court orders. Donald Trump said "the decision's been made, and that is the law of the land";[79][80] Jeb Bush, former governor of Florida, said Davis "is sworn to uphold the law", but also suggested that some sort of accommodation be made for her.[78] Republican presidential candidates Carly Fiorina and Senator Lindsey Graham of South Carolina both suggested that Davis should comply with the court order or resign.[81]

In contrast, several national Republican politicians supported Davis. Republican presidential candidate Mike Huckabee, the former governor of Arkansas, said that the Kim Davis affair was part of a "criminalization of Christianity" and organized a rally for Davis outside the jail where she had been held.[82][83] Senator Ted Cruz of Texas, another Republican presidential candidate, said Davis was a victim of "judicial tyranny" and attended the same rally.[82][84] Governor Bobby Jindal of Louisiana and Senator Rand Paul of Kentucky, also presidential candidates, both voiced their support for Davis.[81][85] Matt Bevin, a Republican candidate for Kentucky governor in the 2015 election, said a government-issued license should not be required for any marriage.[86][87]

A survey of American adults conducted by YouGov in September 2015 found that 56% supported the decision of Judge Bunning to jail Davis for contempt of court, while 31% of Americans opposed the decision.[88] When asked what Davis should do, 65% said that Davis should resign from office; 23% said that Davis should stay in office and continue to refuse to issue marriage licenses to same-sex couples; and 4% said that Davis should remain in office but issue licenses to all persons legally entitled to one.[88]

Pending decisions and issues

Because Davis is an elected official, she cannot simply be fired.[89] In order to be removed from office, Davis would have to be impeached by the Kentucky House of Representatives and then tried by the Kentucky Senate; such a scenario is seen as unlikely.[89]

Under Kentucky law, a commonwealth's attorney has the power to indict various local officials (including judges-executives, justices of the peace, sheriffs, coroners, surveyors, jailers, county attorneys and constables) for "malfeasance in office or willful neglect in the discharge of official duties" (an offense punishable by removal from office and a fine of up to $1,000), "but for some reason lost to history, the statute doesn't include county clerks."[89]

After being denied a license four times, one couple asked the Rowan County Attorney's Office to investigate Davis for official misconduct, a misdemeanor under Kentucky law.[89][90][b]

Rowan County Attorney Cecil Watkins cited a conflict of interest precluding him from making a decision to charge or not to charge in the case (his office is currently defending two suits filed against the county).[89][90][92] Because of this, Watkins referred the complaint of official misconduct to the Kentucky Attorney General's office, led by Attorney General Jack Conway, for them to decide whether to file charges against Davis.[93][94]

The Kentucky Attorney General has the power to have an assistant attorney general investigate whether Davis violated the official misconduct statute when her office refused to issue a license to the same-sex couple, or alternatively to have a county attorney or commonwealth's attorney from another jurisdiction conduct such an investigation.[92] The Kentucky Attorney General's office then conducted a review,[95] and Conway issued a statement reading: "I understand that passions are high on both sides of this issue, but we are a nation of laws, and no one can defy an order from a federal judge."[96]

On September 9, 2015, Conway issued a one-sentence statement saying that he would not appoint a special prosecutor to investigate Davis: "Judge Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time."[14] Conway has noted that the statute of limitations on charging Davis does not expire for a year.[97]

Personal life

Davis has been married four times to three different men.[3][4] The first three marriages ended in divorce in 1994, 2006, and 2008. She is the mother of twins, who were born five months after her divorce from her first husband. Her third husband is the biological father of the twins, who were adopted by her second husband, Joe Davis, who is also her fourth and current husband;[36] he supports her stance against same-sex marriage.[35] One of Davis' twin sons, Nathan, works in her office as a deputy clerk and has taken the same position of denying marriage licenses to same-sex couples.[98]

Davis stated that she experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church.[19] Since then Davis has identified herself as an Apostolic Christian.[8] She worships three times a week[99] at the Solid Rock Apostolic Church near Morehead, an Apostolic Pentecostal congregation (also known as "Oneness Pentecostalism").[19][100]

Following her conversion, Davis let her hair grow long, stopped wearing makeup and jewelry, and began wearing skirts and dresses that fall below the knee, in keeping with Apostolic/Oneness tenets regarding "external holiness".[2][100]

Davis is currently holding a weekly Bible study for female inmates at a local jail.[19][100]

Election history

Rowan County, Kentucky County Clerk general election, 2014[101]
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[102]
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 Menville, Shayla (November 7, 2014). "Davis following her mother as county clerk". The Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
  2. ^ a b Wolfson, Andrew; Wynn, Mike (September 3, 2015). "Ky clerk Kim Davis stands firm amid ridicule". The Courier-Journal. Louisville, Kentucky. Retrieved September 7, 2015.
  3. ^ a b Mack, David (September 1, 2015). "Meet Kim Davis, the Woman Denying Same-Sex Couples Marriage Licenses in Kentucky". BuzzFeed. Retrieved September 3, 2015.
  4. ^ a b c "Clerk in Ky. marriage fight has turbulent marital history". CBS News. September 2, 2015. Retrieved September 3, 2015.
  5. ^ a b Cheves, John (September 2, 2015). "Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses?". Lexington Herald-Leader. Retrieved September 4, 2015.
  6. ^ a b 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.
  7. ^ a b 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.
  8. ^ a b Higdon, James; Larimer, Sarah; Somashekhar, Sandhya; Izadi, Elahe (September 1, 2015). "Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses". The Washington Post. Retrieved September 6, 2015.
  9. ^ a b Wynn, Mike; Wolfson, Andrew (September 1, 2015). "Gay couples ask judge to punish defiant clerk". USA Today. Retrieved September 1, 2015.
  10. ^ a b c d e Strolbergaug, Sheryl Gay (August 13, 2015). "Kentucky Clerk Defies Court on Marriage Licenses for Gay Couples". The New York Times. Retrieved September 8, 2015.
  11. ^ a b 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.
  12. ^ a b Neuman, Scott (September 14, 2015). "Kim Davis Back at Work, But Remains Defiant". NPR. Retrieved September 14, 2015.
  13. ^ a b c Castillo, Mariano; Conlon, Kevin (September 14, 2015). "Kim Davis stands ground, but same-sex couple get marriage license". CNN. Retrieved September 14, 2015.
  14. ^ a b c Beam, Adam (September 9, 2015). "Deputy to Kim Davis promises to continue issuing marriage licenses in Rowan County". Lexington Herald-Leader. Retrieved September 9, 2015.
  15. ^ a b c d Kappes, Keith (December 27, 2011). "County clerk's office budget reduced first time". The Morehead News. Morehead, Kentucky. Retrieved September 6, 2015. The highest staff wage in 2011 – $63,113 – was paid to Bailey's chief deputy clerk, Kim Davis, who also happens to be her daughter. Davis is listed at $24.91 hourly for a 40-hour work week and an annual wage of $51,812 ... her rate of pay apparently triggered most of the complaints.
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  22. ^ Cheves, John (September 3, 2015). "Judge jails Rowan clerk for contempt; 5 deputies pledge to issue marriage licenses Friday morning". Lexington Herald-Leader. Retrieved September 4, 2015.
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  29. ^ a b c d Liptak, Adam (August 31, 2015). "Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry". The New York Times. Retrieved August 31, 2015.
  30. ^ 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.
  31. ^ "Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages". Southern Poverty Law Center. February 9, 2015. Retrieved September 3, 2015. Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.
  32. ^ Chappell, Bill (August 31, 2015). "Kentucky Clerk's Request for a Stay Is Denied By U.S. Supreme Court". NPR. Retrieved September 6, 2015.
  33. ^ Felton, Ryan (September 2, 2015). "Kentucky clerk denying licenses to gay couples has married four times". The Guardian. Retrieved September 3, 2015.
  34. ^ 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.
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  36. ^ a b Nelson, Steven (September 1, 2015). "Kentucky Clerk Fighting Gay Marriage Has Wed Four Times". U.S. News & World Report. Retrieved September 3, 2015.
  37. ^ "Statement of Kentucky Clerk Kim Davis". Liberty Counsel. September 1, 2015. Retrieved September 3, 2015.
  38. ^ "Defiant Kentucky county clerk to learn fate soon". CBS News. September 3, 2015. Retrieved September 3, 2015.
  39. ^ Wynn, Mike; Kenning, Chris (September 4, 2015). "Ky. clerk's office will issue marriage licenses Friday – without the clerk". USA Today. Retrieved September 4, 2015.
  40. ^ 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.
  41. ^ Graham, Alexandria (September 3, 2015). "Court adjourned: Kim Davis jailed for contempt of court". ABC News. Retrieved September 3, 2015.
  42. ^ a b Ortiz, Erik (September 3, 2015). "Kim Davis, Kentucky Clerk, Held in Contempt and Ordered to Jail". NBC News. Retrieved September 3, 2015.
  43. ^ Kaufman, Scott (September 3, 2015). "Kim Davis goes to jail! Judge orders Kentucky county clerk detained for refusing to issue gay-marriage licenses". Salon. Retrieved September 4, 2015.
  44. ^ a b Blinder, Alan; Lewin, Tamar (September 3, 2015). "Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage". The New York Times. Retrieved September 3, 2015.
  45. ^ WSAZ News Staff; Griffin, Dan; Colegrove, Andrew. "Hundreds Attend Rally for Kim Davis at Carter County Detention Center". WSAZ-TV. Huntington, West Virginia. Associated Press. Retrieved September 6, 2015.
  46. ^ Payne, Ed (September 7, 2015). "Kim Davis appeals contempt of court ruling over same-sex marriage licenses". CNN. Retrieved September 7, 2015.
  47. ^ Ellis, Ralph; Payne, Ed (September 7, 2015). "Kim Davis asks Kentucky governor to free her in same-sex marriage case". CNN. Retrieved September 7, 2015.
  48. ^ Tongray, Marla (December 30, 2013). "Blevins to run for Rowan judge-executive". Maysville Online. Retrieved September 7, 2015.
  49. ^ DeHart, Larry (September 2, 2015). "Blevins optimistic Davis won't be impeached". The Morehead News. Morehead, Kentucky. Retrieved September 7, 2015.
  50. ^ "Kentucky Clerk Kim Davis Ordered Released from Jail". CBS News. September 8, 2015. Retrieved September 8, 2015.
  51. ^ a b Schuppe, Jon (September 8, 2015). "Judge Orders Kim Davis Freed from Kentucky Jail". NBC News. Retrieved September 8, 2015.
  52. ^ a b Peralta, Eyder (September 8, 2015). "Just Before Big Rally, Kim Davis Is Released From Jail". NPR. Retrieved September 8, 2015.
  53. ^ a b Volokh, Eugene (September 8, 2015). "Kim Davis released from jail, plus more on her requested accommodation". The Washington Post. Retrieved September 8, 2015.
  54. ^ "Deputy Ky. clerk says he won't follow boss' defiance". CBS News. September 9, 2015. Retrieved September 9, 2015.
  55. ^ Ellis, Ronnie (September 9, 2015). "Deputy clerk promises to keep federal court order". The Morehead News. Morehead, Kentucky. Retrieved September 11, 2015.
  56. ^ Estep, Bill (September 8, 2015). "Marriage licenses issued since Friday in Rowan County were altered to remove Kim Davis' name". Lexington Herald-Leader. Retrieved September 12, 2015.
  57. ^ Menville, Shayla (September 9, 2015). "Davis Supporters Call for Removal of Deputy Clerks". The Morehead News. Morehead, Kentucky. Retrieved September 11, 2015.
  58. ^ "Kim Davis: Defiant Kentucky Clerk's Supporters Want Deputy Clerks Fired Over Marriage Licences Issued to Gays". The Morehead News. Morehead, Kentucky. September 11, 2015. Retrieved September 11, 2015.
  59. ^ a b Ellis, Ronnie (September 14, 2015). "Davis put to test early, couple given license". The Morehead News. Morehead, Kentucky. Retrieved September 14, 2015.
  60. ^ Gutierrez, Gabe; McClam, Erin (September 14, 2015). "Kentucky Clerk Kim Davis Says She Won't Stop Deputies on Marriage Licenses". NBC News. Retrieved September 14, 2015.
  61. ^ a b c Williams, Pete (September 3, 2015). "Does Kim Davis, Kentucky Clerk Blocking Gay Marriages, Have Legal Grounds?". NBC News. Retrieved September 4, 2015.
  62. ^ Wolfson, Andrew (September 2, 2015). "U.S. Attorney says Kim Davis should comply". The Courier-Journal. Louisville, Kentucky. Retrieved September 3, 2015.
  63. ^ "Law Professor: Davis Can't Evoke Religion To Deny Marriage Licenses". NPR. September 1, 2015. Retrieved September 7, 2015.
  64. ^ de Vogue, Ariane (September 2, 2015). "Kentucky clerk who won't issue marriage licenses divorced three times". CNN. Retrieved September 3, 2015.
  65. ^ Rubin, Jennifer (September 4, 2015). "Trashing the rule of law". The Washington Post. Retrieved September 4, 2015.
  66. ^ Graham, Renée (September 3, 2015). "Kim Davis follows the footsteps of George Wallace". Boston Globe. Retrieved September 4, 2015.
  67. ^ McGurn, William (September 7, 2015). "Why Must Kim Davis Be Jailed? A federal judge chose the nuclear option instead of finding a reasonable accommodation". The Wall Street Journal. Retrieved September 9, 2015.
  68. ^ Nothstine, Ray (September 4, 2015). "Will More Clerks Be Going to Jail? 2nd Christian Kentucky Clerk Defies Ruling to Issue Marriage Licenses to Gay Couples". The Christian Post. Retrieved September 9, 2015.
  69. ^ Samuelson, Richard (September 10, 2015). "Kim Davis and the Rule of Law". The Federalist. Retrieved September 12, 2015.
  70. ^ Volokh, Eugene (September 4, 2015). "When does your religion legally excuse you from doing part of your job?". The Washington Post. Retrieved September 12, 2015.
  71. ^ "Senate President Stivers files amicus brief in Rowan County clerk case". WHAS-TV. Louisville, Kentucky. September 2, 2015. Retrieved September 7, 2015.
  72. ^ "Kentucky Clerk Kim Davis Jailed for Her Conscience". Liberty Counsel. September 3, 2015. Retrieved September 3, 2015.
  73. ^ Meyer, Ken (September 3, 2015). "Josh Earnest Responds to KY Clerk's Jailing: 'No Public Official Is Above the Rule of Law'". Mediaite. Retrieved September 7, 2015.
  74. ^ Spiering, Charlie (September 3, 2015). "White House on Kim Davis: No Public Official Above the Rule of Law". Breitbart. Retrieved September 7, 2015.
  75. ^ Peralta, Eyder (September 1, 2015). "Despite High Court Ruling, Kentucky Clerk Denies Marriage Licenses". NPR. Retrieved September 7, 2015.
  76. ^ "Beshear: Kim Davis' future in courts' hands; 'I have no legal authority' to remove her from office". Northern Kentucky Tribune. September 2, 2015. Retrieved September 7, 2015.
  77. ^ Byrnes, Jesse (September 3, 2015). "Clinton: Officials should 'uphold the law'". The Hill. Retrieved September 7, 2015.
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  81. ^ a b Israel, Josh (September 3, 2015). "Only 2 Republican Candidates Think Kim Davis Needs To Quit Or Follow The Law". ThinkProgress. Retrieved September 7, 2015.
  82. ^ a b Hanna, Jason (September 8, 2015). "Kim Davis released, but judge bars her from withholding marriage licenses: At rally, Republican presidential hopeful takes center stage". CNN. Retrieved September 8, 2015.
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  88. ^ a b Moore, Peter (September 9, 2015). "Majority of public back jailing Kim Davis". YouGov. Retrieved September 10, 2015.
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  89. ^ a b c d e Wolfson, Andrew (September 2, 2015). "Q&A: Why hasn't Ky. clerk been fired in gay marriage license case?". USA Today. Retrieved September 3, 2015.
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Notes

  1. ^ Liberty Counsel had already entered the debate over same-sex marriage by representing the eleven Alabama probate judges refusing to issue marriage licenses to same-sex couples.[31]
  2. ^ Under Kentucky Revised Statute 522.020,

    A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office.[91]

    Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.[91]

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