Kim Davis free – but could be jailed again
US District Judge David Bunning yesterday freed Kentucky clerk Kim Davis, but attached a caveat to his release order that Davis may not be willing to accept.
Bunning’s new order says Davis cannot interfere with her deputies issuing marriage licenses to all legally eligible couples.
That, according to this report, means the Davis could find herself behind bars again if she does anything to prevent the marriages from taking place.
CNN Senior Legal Analyst Jeffrey Toobin said:
If Ms Davis stops them from issuing licenses, then we are right back where we started. And Judge Bunning has made it quite clear, he will lock her back up.
On being released, Davis – who was held in contempt of court for refusing to issue same-sex marriage licenses – urged her supporters not to give in.
Thank you all so much. I love you all so very much. I just want to give God the glory. His people have rallied, and you are a strong people. We serve a living God who knows exactly where each and every one of us is at. Just keep on pressing. Don’t let down, because he is here. He’s worthy.
Davis, who said issuing the licenses would violate her conscience and go against her religion, plans to return to work in Rowan County this week and won’t resign from her post, her attorney Mat Staver said.
Asked by a reporter whether her stay in jail was worth it, Davis smiled and nodded. But she didn’t speak directly about the case, and a key question remains unanswered: When she goes back to work, what will she do when she gets there?
Davis previously said she will not authorise her office to issue marriage licenses to same-sex couples if her name remains on the certificate. Bunning’s order makes no mention of revising the licenses to accommodate Davis, who says issuing a license with her name on it would violate her Christian convictions against same-sex marriage.
Staver said Bunning hasn’t resolved anything.
We’ve asked for a simple solution – get her name and authority off the certificate. The judge could order that.
Staver didn’t directly answer questions about whether Davis would stop same-sex couples in her county from getting marriage licenses when she returns to work.
She loves God, she loves people, she loves her work, and she will not betray any of those three. She’ll do her job good. She’ll serve the people … and she’ll also be loyal to God, and she’s not going to violate her conscience.
After Bunning’s original order, five of her deputies agreed to issue marriage licenses in her absence. The Rowan County clerk’s office began doing so Friday.
William Sharp, legal director of the American Civil Liberties Union of Kentucky who represented same-sex couples seeking marriage licenses in Rowan County said yesterday:
This case was brought to ensure that all residents of Rowan County, gay and straight, could obtain marriage licenses. That goal has been achieved. The Kentucky Attorney General and counsel for Rowan County have said the marriage licenses are valid. We are relying on those representations, and our clients look forward to proceeding with their plans to marry.
When Davis emerged from detention, the tune Eye of the Tiger by the band Survivor blasted through loudspeakers. This infuriated Survivor frontman Frankie Sullivan, above, who said it had been used without the band’s permission. The group is now considering a lawsuit.
The group is hedging on its plan of attack, but the band’s rep told TMZ that they are determined to protect the integrity of their music.
This may not be an empty threat. In 2012 the band sued Newt Gingrich for using Eye of the Tiger without permission.
Hat tip: BarrieJohn