Judge David Bunning has ordered Kim Davis to be jailed for contempt for defying court orders to issue licenses. She has already been taken into the custody of the federal marshal and will remain there until she agrees to comply with his orders.
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As Rowan County clerk Kim Davis goes to federal court today at 11:00 am to explain to the judge why she should not be held in contempt of court for violating court orders to do her job and issue marriage licenses, she may want to consider that the support for her position is not great from high-profile Republicans. Simon Maloy has rounded up the reactions of Republican presidential candidates. Certified nutcases Mike Huckabee and Bobby Jindal of course back Davis. Kentucky senator Rand Paul was vaguely supportive of Davis in an obfuscatory way designed to give him some flexibility to back away. Carly Fiorina, on the other hand, urges Davis to give up or resign. The other candidates, and senate majority leader Mitch McConnell who represents Kentucky, all seem to be ducking the issue. [UPDATE: Caitlin MacNeal provides more information on the candidates’ views.]
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I thought it interesting that US District Judge David Bunning requested that not only Rowan County clerk Kim Davis attend the hearing tomorrow at 11:00am following her defiance of his order but that all six of her deputy clerks attend as well. All of them are authorized to issue licenses too. It is known that four of them support her stance, one does not care much either way, and the sixth is willing to issue licenses. But all have been forbidden to do so by their boss on the grounds that since it is her name of the forms, that means she will go to hell even if the signature is that of her deputy, because her god is not very smart and unable to pick up on such subtleties
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It looks like we have our answer as to what Rowan County clerk Kim Davis will do. She has decided to go all the way in defying the law. This morning she refused to issue marriage licenses to two same-sex couples even though she has exhausted all her legal appeals, all the way up to the US Supreme court.
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Today the US Supreme Court turned down the request of Rowan County clerk Kim Davis for a stay of US District judge David Bunning’s ruling that she has to issue marriage licenses to all qualified couples, including same-sex ones, pending a hearing on the merits of her case by the Sixth Circuit Court of Appeals. That court had already turned down her request for a stay on the grounds that her appeal was unlikely to be successful.
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So here’s an update on the seemingly never-ending saga in Kentucky where three of the 120 county clerks are refusing to issue licenses for people to get married because they oppose same-sex marriage. One of them, Kim Davis of Rowan County, was sued by four couples (opposite sex and same sex) who had been denied licenses and lost her case on August 12 in the federal District Court. But on August 19, the judge David Bunning temporarily stayed his order, saying “IT IS ORDERED that the Court’s temporary stay of its August 17, 2015 Order shall expire on August 31, 2015, absent an Order to the contrary by the Sixth Circuit Court of Appeals.” [Boldface in original but my italics-MS]
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I have been following the case of Kim Davis, a county clerk in Kentucky who has refused to let her office issue marriage licenses to all couples because of her opposition to same-sex marriage. She was, of course, sued, and a federal judge threw out her claim that her religious rights were being violated, and ordered her to issue licenses.
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Despite the ruling by a federal judge that she is required to issue marriage licenses to same-sex couples, Kim Davis, the county clerk of Rowan County in Kentucky, continues to refuse to do so because she says her religious beliefs preclude committing any action that suggests approval of same–sex marriage. The judge has allowed her to continue doing so pending a ruling on an emergency appeal by her to the Sixth Circuit Court of Appeals. I am not sure why the judge allowed this since it is almost certain that she will lose her appeal. Maybe he just wanted to avoid having her and her supporters scream that they are being persecuted for their religious beliefs.
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Last week, the Connecticut Supreme Court ruled 4-3 that the state’s death penalty was unconstitutional. The state had already passed a law in 2012 outlawing the death penalty but the eleven people who were already on death row were not exempted. The Supreme Court’s action means that their lives too will be spared. In the past 54 years, only two people have actually been executed in the state and they both volunteered for it. Connecticut becomes the 17th state to eliminate the death penalty and the fifth in the last five years.
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