Davis stopped issuing marriage licenses to all couples in the county in the wake of the court’s decision in June that legalized same-sex marriages across the nation. That charge has the potential to carry some jail time, according to the Washington Post. The pair, who were surrounded by reporters and cameras, refused.
“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”, Ms Davis said in a statement issued after the confrontation.
“I’m willing to face my consequences and you all will face your consequences when it comes time for judgment”, she said.
In a brief but tense encounter between Davis and a couple dozen marriage-equality demonstrators who crowded into her office, the clerk repeatedly said she was not issuing licenses. The Supreme Court dismissed an emergency motion on Monday to grant a stay of an earlier district court decision that also ruled against her, leaving Davis with few legal paths forward.
Federal Judge Ginny Granade, who struck down Alabama’s ban on same-sex marriage in January, affirmed that the law holds that probate judges who hand out marriage licenses in Alabama have to also issue them to same-sex couples.
Davis appealed that ruling but she has now been denied by both an appeals court and the U.S. Supreme Court.
“Under God’s authority”, she replied. They cried as Davis’s supporters marched by shouting, “Stand firm”. He said: “I feel like I’ve been humiliated on such a national level”.
Kentucky Public Radio quoted Davis as saying on Tuesday that she made the decision to continue denying marriage licenses “under God’s authority”.
Joe Davis, Kim’s husband, went to check on her as protesters remained on the steps of her courthouse after several days.
Davis told those assembled in her office she was acting “under God’s authority” and directed the couples to get their licenses at another county clerk’s office 30 minutes away.
A defiant county clerk in Kentucky has again refused to issues marriage licenses to same-sex couples despite a ruling from the U.S. Supreme Court. “But they won’t accept our beliefs and our ways”.
Bunning will probably hold a hearing for the couples to present evidence, which could include testimony from Davis.
And that’s it. Davis was elected to perform duties mandated by local, state and federal laws; Her religious beliefs had nothing to do with that. On their way out, Miller and Roberts passed David Ermold and David Moore, 17 years a couple.
Refusing to resign her position as well, her defiance of the law could lead her straight to jail.
Daniel J. Canon, a lawyer for one of the same-sex couples, said “She’s certainly in contempt of court by any definition of the term, so the District Court has an array of sanctions it can resort to, to deal with that”. “She’s refusing to do that”, noted Professor Connelly.