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Kim Davis

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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 (1983–2015)
Republican (2015–present)[3]
Spouses
  • Dwain Allen Wallace
    (m. 1984–94)
  • Joe Davis (m. 1996–2004; 2009–)
  • Thomas Dale McIntyre Jr.
    (m. 2007–08)
Alma materRowan County High School
Known forRefusal to comply with a federal court order directing her to issue marriage licenses following Obergefell v. Hodges

Kimberly Jean Bailey "Kim" Davis (born September 17, 1965) is the county clerk for Rowan County, Kentucky. She gained international attention[4][5] after defying a federal court order requiring that she issue marriage licenses following the U.S. Supreme Court decision in Obergefell v. Hodges. On June 26, 2015, the U.S. Supreme Court held that the right to marriage is guaranteed to same-sex couples by the Fourteenth Amendment.[6][7][8][9] Davis began refusing to issue any licenses, either to same-sex, or to 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 refused to issue marriage licenses, saying she was acting "under God's authority". She was subsequently jailed for contempt of court, then released five days later. When she returned to work, she stated that she would not interfere with her deputies, who had begun issuing licenses as directed by the court order.[12][13] Kentucky Attorney General Jack Conway said that because the matter was 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]

The controversy surrounding Davis's actions prompted criticism of Davis by many legal experts, though some figures in law and politics defended her. Her brief audience with Pope Francis during the Pontiff's September 2015 visit to North America also created a stir when revealed a few days after the fact.

Career

Chief deputy clerk: 1991–2015

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

County residents complained about Davis' 2011 compensation: an annual wage of $51,812 and an additional $11,301 in overtime and other compensation.[15] While chief 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 qualifies for overtime pay.[15] After the County Fiscal Court reviewed the compensation of clerks in the office, they voted unanimously to cut the County Clerk's office salary budget by one-third for 2012.[15]

County clerk: 2015–

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

Davis' reactions to same-sex marriage ruling

See also: Obergefell v. Hodges

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, fourteen counties in three states continued to deny marriage licenses to same-sex couples. The Alabama Supreme Court allowed the probate judges of ten counties in Alabama to deny marriage licenses temporarily, 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 spoke briefly at the rally, however, saying, "I need your prayers ... to continue to stand firm in what we believe."[27]

Kentucky Governor Steve Beshear ordered all county clerks to begin issuing marriage licenses to same-sex couples.[28][29] Davis contacted Beshear, asking for an executive order to protect clerks who have moral objections against personally issuing such marriage licenses,[29] as Kentucky law requires county clerks to issue marriage licenses in their name.[30] She began turning away gay couples from her county office who were seeking marriage licenses, then, rather than issue them to same-sex couples, began denying marriage licenses to all couples, gay or straight.[10][26][29]

David Ermold and David Moore, a same-sex couple from Morehead, Kentucky and alumni of Morehead State University, released video footage of County Clerk, Kim Davis, refusing to issue them a marriage license under "God's authority".[31] The video went viral overnight, and it caused an international outrage against the actions of the county clerk. Six couples, four represented by the ACLU, and two couples with separate legal representation, sued Davis in her official capacity as County Clerk.[32][33] 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 the licenses. The U.S. Supreme Court declined to hear the matter. After her incarceration, marriage licenses to all couples started being issued from the office of the Rowan County clerk by deputy clerks who were ordered to do so by court order. However, her son, Nathan Davis, a deputy clerk under her immediate supervision, also refused to issue marriage licenses to same-sex couples.[34] Once Kim Davis was released from jail, she confiscated the marriage license forms and instructed her deputy clerks to only use forms that had her name and any reference to the clerk's office removed. In place of the title "deputy clerk", which in Kentucky statute is required on the form, Davis put "notary public". The legal status of the forms is still in question.[35] Then Governor, Steve Beshear, was asked by federal court judge, David Bunning, to brief the court on the validity of the licenses. Governor Beshear acknowledged that Kentucky would recognize the licenses being issued, but he could not verify the legality of the licenses issued or the means in which the marriage licenses were altered.[35][36]

Lawsuits against Davis

Main article: Miller v. Davis

On July 1, 2015, four couples who were denied marriage licenses, two same-sex couples and two opposite-sex couples, represented by the American Civil Liberties Union (ACLU) of Kentucky, filed a lawsuit against Davis (Miller v. Davis).[10][37] On July 10, 2015, David Ermold and David Moore also filed suit against Davis, represented by Joseph Buckles and Thomas Szczygielski (Ermold et al. v. Davis); however, their case has been stayed pending Davis' appeal of the Miller case to the Sixth Circuit Court of Appeals.On July 13th, 2015, James Yates and William Smith Jr. also filed suit against Davis. One Federal district judge David L. Bunning of the U.S. District Court for the Eastern District of Kentucky, the judge assigned to the cases, held hearings with Davis who argued tearfully that issuing licenses under her name violated her beliefs, citing her religious rights under the First Amendment: "It wasn't just a spur-of-the-moment decision", she said. "It was thought out, and I sought God on it."[29] Davis had already decided against resigning from her post, as doing so, she said, would only leave the matter to her deputies: "If I resign, I solve nothing. It helps nobody."[29] Governor Beshear stated that he would not call a special session of the General Assembly to address Davis' concerns, while other state legislators believed that such a session could accommodate Davis with possible new legislation.[38] Davis' attorneys, from the Orlando, Florida-based law firm Liberty Counsel,[39][a] stated that the plaintiffs were free to drive to other counties to obtain their same-sex marriage licenses, with one adding, "This case is not about these plaintiffs' desires to get married, the case is about [their] desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs."[29] Davis and her attorneys then sued Governor Beshear for ordering her to violate her religious beliefs instead of trying to accommodate them, arguing that Beshear, not Davis, should be held accountable for any legal damages from the ACLU lawsuit.[41][42]

On August 12, Judge Bunning issued a temporary stay barring Davis from "applying her 'no marriage licenses' policy to future marriage license requests".[10][43] 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 three-judge panel wrote unanimously in their refusal. "There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal", the panel said further.[43]

Appeal

Liberty Counsel and 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 legally continuing to deny marriage licenses.[11][43] In response to the U.S. Supreme Court's refusal to grant her stay request, Davis stated:

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."[44]

Davis continued to defy Bunning's court order after the Supreme Court upheld it.[45][46] When several couples sought to obtain marriage licenses, Davis turned them away, saying she was acting "under God's authority".[6][7] Some in the media questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".[47][48][49][50]

Contempt of court and jailing

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 opposite-sex couples sought to have her held in contempt of court.[30][51] The four couples and the ACLU asked the court to fine Davis.[52] Bunning ruled in the plaintiffs' favor and held Davis in contempt, but remanded her to custody after the hearing. The judge said Davis would remain there until she complied with the court's order to issue marriage licenses.[53][54] Bunning reportedly said that fines were not an option "because outsiders would pay them for her".[55] Of the six deputy clerks who reported to Davis, only her son Nathan refused to comply with the court's order to start issuing marriage licenses.[56] After the hearing, she was transported by U.S. Marshals to the Carter County Detention Center in Grayson.[57]

Through her Liberty Counsel attorneys, Davis filed an appeal of the order holding her in contempt of court, asking that she be released immediately from jail and that her name be removed from marriage licenses, allowing her deputies to issue them.[58] Separately, Davis asked Governor 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 grant her release.[59] Rowan County Democratic Judge-Executive Walter Blevins,[60] stated that he did not believe he would need to appoint a replacement for Davis, and that he believed "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."[61]

Release and return to work

Five days later, on September 8, Bunning ordered Davis released from jail.[62][63][64] 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."[65]

Bunning's order also stated that Davis' deputy clerks must comply with his earlier order to issue marriage licenses and to submit status reports to him every fourteen days confirming their compliance.[63][64][65] 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][66] Licenses issued since Davis' refusal state that they are authorized by "the office of the Rowan County Clerk" but no longer bear her name.[67][68] Davis' supporters, who gathered at the Rowan County Courthouse, said that her deputies were unlawfully issuing licenses and should resign or be fired.[69][70]

Davis returned to work a week later, on September 14, 2015, and said that while she would not interfere with any deputy clerk who issues marriage licenses, 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,[71] the license the couple received said: "pursuant to federal court order #15-CV-44 DLB"[71] on it and listed the city of Morehead, the county seat, rather than listing Davis' name and Rowan County.[13] One of the applicants 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."[72]

Pending decisions and issues

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", according to an article by Andrew Wolfson in the Louisville Courier-Journal.[73] As well, because Davis is an elected official, she cannot simply be fired.[73] In order for Davis to be removed from the office of county clerk, impeachment proceedings must be initiated by the Kentucky House of Representatives and charges for impeachment brought to the Kentucky Senate.[73]

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.[73][74][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).[73][74][76] Because of this, Watkins referred the official misconduct complaint to the Kentucky Attorney General's office, led by Attorney General Jack Conway, for it to decide whether to file charges against Davis.[77][78]

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 to have a county attorney or commonwealth's attorney from another jurisdiction conduct such an investigation.[76] The Kentucky Attorney General's office conducted a review,[79] and Conway issued a statement saying, "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."[80]

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 for a charge to be laid against Davis does not expire for a year.[81]

On November 2, Davis' lawyers filed a motion asking the 6th Circuit Court of Appeals to overturn four of Bunning's decisions, calling them a "rush to judgement" that "imposed direct pressure and substantial burden on Davis, forcing her to choose between her religious beliefs and forfeiting her essential personal freedom on one hand, or abandoning those beliefs to keep her freedom on the other hand".[82] The court denied the motion on November 5.[83]

Davis' lawyers filed their last appeal on November 4, requesting a delay in issuing marriage licenses to same sex couples, arguing that previous decisions should apply only to the four couples to whom Davis' office was initially ordered to issue licences. The appeal also asked the sixth circuit court of appeals to overturn a previous ruling that had sent Davis to jail for failure to comply.[84] The requests were denied two days later by the court.[85]

Opposition by other court clerks

Other court clerks in the U.S. have also refused to issue marriage licenses to same-sex couples. The probate judges of ten counties in Alabama have stopped issuing marriage licenses to anyone. Probate Judge Nick Williams of Washington County, Alabama said he stopped issuing licenses altogether to avoid discrimination and because "I completely disagree with the authority the Supreme Court has."[86] Elmore County, Alabama Probate Judge John Enslen said the federal government, not state probate offices, should be the entity issuing same-sex marriage licenses.[87] Casey Davis (unrelated to Kim Davis), a clerk in Casey County, Kentucky, said, "We've not tried to prevent same-sex marriages, we've only tried to exercise our First Amendment rights", adding that such applicants could apply in other counties.[88] Kay Schwartz, a clerk in Whitley County, Kentucky, felt oppressed: "There's a law against bullying ... Why take away the majority's right [just] to give the minority their rights?"[89] She suggested the possibility of other options to meet the needs of same-sex applicants, such as an online service.[89] The ACLU plans no legal action against other court clerks or probate judges.[86] National attention has not been on them as the ACLU brought no case against them, speculated University of Kentucky political science professor D.B. Riggle: "The action in Rowan County may be in part due to the availability of plaintiffs for a case."[86]

Reactions to controversy

Davis gained international attention after her refusal to issue marriage licenses and the ensuing controversy her actions caused.[90][91][92] 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."[93][94][95] 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."[96] 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."[94] 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."[94] 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."[97] 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.[56][98][99] The Human Rights Campaign, a national LGBT civil 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."[43] Attorney and author Roberta Kaplan, who argued for the plaintiffs in United States v. Windsor, wrote that "Kim Davis is the clearest example of someone who wants to use a religious liberty argument to discriminate, yet she swore an oath to uphold the Constitution. It is laughable that she can then decide which laws to enforce, which is why every decision in her case has gone against her."[100]

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.[101][102] 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.[103] 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."[104] Liberty Counsel, the law firm defending Davis, stated, "Kim Davis is being treated as a criminal because she cannot violate her conscience."[105] They also said she refused to accept a proposed compromise that she would no longer be found in contempt if she agreed not to interfere with her deputies issuing licenses to same-sex couples.[54]

Reactions 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 the president of the United States, but neither is the Rowan county clerk."[106][107] Governor Beshear said the judge's decision "speaks for itself".[108][109][110] while his attorneys called the legal arguments in her suit against him "absurd".[111] Democratic presidential candidate Hillary Clinton said, "Officials should be held to their duty to uphold the law – end of story."[112][113] Several Republican presidential candidates also called on Davis to comply with court orders. Donald Trump said, "the decision's been made, and that is the law of the land."[114][115] 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.[113] Republican presidential candidates Carly Fiorina and Senator Lindsey Graham of South Carolina both suggested that Davis should comply with the court order or resign.[116] Members of the Westboro Baptist Church protested against Davis for what they considered her hypocrisy and adultery.[117]

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.[118][119] Senator Ted Cruz of Texas, another Republican presidential candidate, said that Davis was a victim of "judicial tyranny" and attended the same rally.[118][120] Louisiana Governor Bobby Jindal and Senator Rand Paul of Kentucky, also presidential candidates, both voiced their support for Davis.[116][121] Matt Bevin, the Republican nominee for Kentucky governor in the 2015 election, said a government-issued license should not be required for any marriage.[122][123]

A survey of American adults conducted by YouGov in September 2015 found that 56% supported Judge Bunning's decision to jail Davis for contempt of court, while 31% of Americans opposed the decision.[124][125] 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.[124][125]

Meeting with Pope Francis

Davis and her husband met briefly[126] with Pope Francis at the Apostolic Nunciature to the United States in Washington with "several dozen" other people[127] during his U.S. visit in September 2015. According to Davis' lawyer, the pope told her to "stay strong" and gave Davis two rosaries, which she intends to give to her Catholic parents.[128][129][130][131] Rosaries were also given to others in attendance.[126]

Two days later, the Vatican press office issued a statement saying that "the Pope did not enter into the details of the situation of Mrs. Davis and his meeting with her should not be considered a form of support of her position in all of its particular and complex aspects."[126][132][133] According to Vatican spokesman Father Thomas Rosica, Davis was not invited by the Pope to the Nunciature, and "the meeting may have been manipulated by her and her lawyer."[134] The only audience given by the Pope while in Washington was with a former student of his, an openly gay Argentine named Yayo Grassi and Grassi's same-sex partner of 19 years.[132][135][136]

Personal life

Davis has been married four times to three different men.[137][22] 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;[50] he supports her stance against same-sex marriage.[49] 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.[138]

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[139] at the Solid Rock Apostolic Church near Morehead, an Apostolic Pentecostal congregation (also known as "Oneness Pentecostalism").[19][140]

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 and modest dress.[91][140]

Davis held a weekly Bible study for female inmates at a local jail.[19][140]

On September 25, 2015, Davis said she switched from the Democratic Party to the Republican Party.[3]

Davis was the subject of numerous satirical works following her burst of media attention in 2015. Books, social media profiles, and videos have been created that parody Davis' refusal to issue marriage licenses in Kentucky. A "Sit Next To Kim Davis" Twitter account was created by comedian Dave Colan mocking Davis with "hilarious tweets".[141] As of September 9, 2015, the account had more than 93,000 followers.[142][143] Funny or Die made a mashup video featuring characters from Parks and Recreation in video clips that spoof Davis' refusal to issue marriage licenses.[144][145] After Davis met briefly with Pope Francis, a Funny or Die video parody was released.[146] Author Lilith St. Augustine wrote Kim Goes To Jail: An Erotic Story, an erotic novella featuring Davis in a fictional role.[147][148][149] La Strega Entertainment created a satirical music video sung to the tune of "Major-General's Song" from Gilbert and Sullivan's Pirates of Penzance.[150][151] Saturday Night Live cast member Aidy Bryant portrayed Davis during the show's season 41 premiere.[152][153] Jennifer Lawrence, Oscar-winning actress and star of the Hunger Games movies, in the December 2015 issue of Vogue, told Jonathan Van Meter that Kim Davis "makes me embarrassed to be from Kentucky" and doesn't even want to hear her name.[154][155][156]

Electoral history

Rowan County, Kentucky County Clerk general election, 2014[157]
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[158]
Party Candidate Votes %
Democratic Kim Davis 1,817 46.2%
Democratic Elwood Caudill, Jr. 1,794 45.6%
Democratic Charlotte Combess 322 8.2%

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.[40]
  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.[75]

    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.[75]

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. ^ 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 "Kentucky clerk in gay marriage dispute switches to Republican Party". Reuters. September 23, 2015. Retrieved September 23, 2015.
  4. ^ Mark, Michelle (November 6, 2015). "Amid Kim Davis Backlash, Kentucky Gov.-Elect Matt Bevin To Remove Clerks' Names From State Marriage Licenses". International Business Times. Retrieved December 28, 2015.
  5. ^ Bittenbender, Steve (December 23, 2015). "Kentucky Governor Gives Kim Davis a 'Wonderful Christmas Gift'". Charisma News. Retrieved December 28, 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.
  16. ^ a b "Blevins wins judge-executive nomination". The Morehead News. Morehead, Kentucky. May 20, 2014. Retrieved September 6, 2015.
  17. ^ Stacy, Brad (April 25, 2014). "Primary candidates featured at forum". The Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
  18. ^ a b Menville, Shayla (October 17, 2014). "County clerk's race more contested than usual". The Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
  19. ^ a b c d 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.
  20. ^ "Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order". Fox News Channel. Associated Press. August 13, 2015. Retrieved September 1, 2015.
  21. ^ "Kentucky Constitution, Section 99". Kentucky Legislature. Retrieved September 4, 2015. At the ... election in [1998] and every [4] years thereafter, there shall be elected in each county ... a County Court Clerk ... who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and who shall hold their offices [4] years ...
  22. ^ a b "Clerk in Ky. marriage fight has turbulent marital history". CBS News. September 2, 2015. Retrieved September 3, 2015.
  23. ^ Obergefell v. Hodges, 576 US, *22 (June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
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