Will homophobic idiot Davis go, or stay and do her job?
Today she will have to choose whether to issue marriage licenses, defying her Christian convictions, or continue to refuse them, defying a federal judge who could pummel her with fines or order that she be hauled off to jail.
Her attorney, Mat Staver, said on Monday:
She’s going to have to think and pray about her decision overnight. She certainly understands the consequences either way. She’ll report to work tomorrow, and face whatever she has to face.
The appropriately named Jonathan D Christman, of the Christian law firm Liberty Counsel, informed that court that forcing her to abandon her Christian principles and issue licenses could never be undone.
He compared it to forcing a person who objects to war into the battlefield, or forcing a person who opposes capital punishment to carry out an execution.
That searing act of personal validation would forever, and irreversibly, echo in her conscience – and, if it happened, there is no absolution or correction that any earthly court can provide to rectify it.
A line of couples, turned away by her office again and again in the two months since the US Supreme Court legalised gay marriage across the nation, were planning to meet her at the courthouse door today.
Davis stopped issuing all marriage licenses in the days after the landmark decision. Two gay couples and two straight couples sued her, arguing that she must fulfill her duties as an elected official despite her personal religious faith.
First, a federal judge ordered her to issue the licenses, and an appeals court upheld that decision. Her lawyers with the Liberty Counsel filed a last-ditch appeal to the Supreme Court on Friday, asking that they grant her:
Asylum for her conscience.
Justice Elena Kagan, who oversees the 6th district, referred Davis’ request to the full court, which denied the stay without comment.
Meanwhile, a couple that had been turned away went to Rowan County Attorney Cecil Watkins to ask that Davis be charged with official misconduct, a misdemeanor defined by state law as a public official who:
Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office.
The crime is punishable by up to a year in jail.
Watkins cited a conflict of interest and forwarded the complaint to Kentucky Attorney General Jack Conway, whose office will decide whether to appoint a special prosecutor, generally a county attorney from a surrounding jurisdiction, who would decide whether to file charges.
As the clock wound down for Davis on Monday, the tension intensified between dueling groups of protesters outside her office window on the courthouse lawn.
Hexie Mefford has stood on the lawn waving a flag nearly every day for more than two months. The flag is fashioned after Old Glory, but with a rainbow instead of the red and white bars.
Mike Reynolds, a Christian protesting in Davis’ defense, shouted at her that he found the flag offensive: He is an Army veteran, he complained, and they had desecrated the American flag. The two groups roared at each other. The Christians called on the activists to repent; the activists countered that their God loves all.
On Monday, the Christians stood on the grass and sang “I am a Child of God”.
The marriage equality activists chimed in after each refrain: “So are we”.
Meanwhile, it has just emerged that last year Davis “unknowingly” signed the marriage of “a transgender man and a pansexual woman.”