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{{Short description|Former American county clerk}}
{{pp-blp|expiry=September 17, 2015|small=yes}}
{{other people}}
{{Use mdy dates|date=September 2015}}
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{{good article}}
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{{Infobox officeholder {{Infobox officeholder
|name = Kim Davis | name = Kim Davis
|image = | image =
| caption =
|known_for = Refusal to issue marriage licenses to same-sex couples following '']''
| known_for = Refusal to comply with a federal court order directing her to issue marriage licenses following '']''
|office = ] of ]
| office = ] of ]
|term_start = January 5, 2015<ref name="following"/>
|term_end = | term_start = January 5, 2015
| term_end = January 7, 2019
|predecessor = Jean W. Bailey
| predecessor = Jean W. Bailey
|successor =
| successor = Elwood Caudill Jr.
|birth_name = Kimberly Jean Bailey
| birth_name = Kimberly Jean Bailey
|birth_date = {{birth date and age|1965|9|17}}<ref name="Mack">{{cite news | url=http://www.buzzfeed.com/davidmack/meet-kim-davis#.hqnAblpb8 | title=Meet Kim Davis, The Woman Denying Same-Sex Couples Marriage Licenses in Kentucky | work=] | accessdate=September 5, 2015 | author=Mack, David}}</ref>
| birth_date = {{birth date and age|1965|9|17}}
|birth_place = ], U.S.
| birth_place = ], U.S.
|death_date =
| party = {{unbulleted list|] (1983–2015)|] (after 2015)<ref name="ReutersPartySwitch" />}}
|death_place =
| spouse = Joe Davis
|residence = Morehead, Kentucky
| children = 4
|party = ]
|spouse = {{unbulleted list||Dwain Allen Wallace<br/>(1984–1994)<ref name="Mack">{{cite news |first= David |last= Mack |date= September 1, 2015 |url= http://www.buzzfeed.com/davidmack/meet-kim-davis#.hqnAblpb8 |title= Meet Kim Davis, the Woman Denying Same-Sex Couples Marriage Licenses in Kentucky |work= ] News |accessdate= September 3, 2015}}</ref>|Joe Davis<br />(1996–2004)|Thomas Dale McIntyre Jr.<br />(2007–2008)|Joe Davis<br />(2009–present)<ref name="CBS-150902"/>}}
|alma_mater =
|religion = ]
}} }}
'''Kimberly Jean Bailey Davis'''<ref name="Cheves">{{cite news |first=John |last=Cheves |title=Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses? |date=September 2, 2015 |accessdate=September 4, 2015 |work=] |url=http://www.kentucky.com/2015/09/02/4017124/qa-what-can-federal-judge-do-to.html}}</ref> (born September 17, 1965) is a ], ] who defied a U.S. Federal Court ] requiring that she issue marriage licenses to same-sex couples following the '']'' ] case that legalized same-sex marriage in the United States.<ref name="Blinder">{{cite news |url= http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html|title= Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work= ] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Blinder |first1= Alan |last2= Perez-Pena |first2= Richard |last-author-amp=yes}}</ref><ref name="Bobic">{{cite news |url= http://www.huffingtonpost.com/entry/kentucky-clerk-gay-marriage-license_55e5a2bfe4b0b7a9633a2303 |title= Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange |work= ] |date= September 1, 2015 |accessdate= September 1, 2015 |last= Bobic |first= Igor}}</ref><ref name="Higdon">{{cite news |last1=Higdon |first1=James |last2=Larimer |first2=Sarah |last3= Somashekhar |first3=Sandhya |last4=Izadi |first4=Elahe | url=http://www.washingtonpost.com/news/post-nation/wp/2015/09/01/will-kentucky-clerk-kim-davis-issue-gay-marriage-licenses-after-supreme-court-ruling/ | title=Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses |work= ] |date= September 1, 2015 |accessdate= September 6, 2015 |last-author-amp= yes}}</ref><ref name="Wynn">{{cite news |url= http://www.usatoday.com/story/news/nation/2015/09/01/ky-clerk-defies-court-refuses-issue-marriage-license-gays/71505008/ |title= Gay Couples Ask judge to Hold Clerk in Contempt |work= ] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= Wynn |first1= Mike |last2= Wolfson |first2= Andrew |last-author-amp= yes}}</ref>


'''Kimberly Jean Davis''' (née '''Bailey'''; born September 17, 1965) is an American former ] for ], who gained international attention in August 2015 when she defied a U.S. federal ] to issue ]s to ].
Davis filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she seeks an appeal. After the Supreme Court denied the application,<ref name="deVogue">{{cite news |url= http://www.cnn.com/2015/08/31/politics/kentucky-gay-marriage-licenses-supreme-court/index.html |title= ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses |publisher= ] |date= September 1, 2015 |accessdate= September 1, 2015 |last1= de Vogue |first1= Ariane |last2= Diamond |first2= Jeremy |last-author-amp=yes}}</ref> Davis continued to deny the licenses, saying she was acting "under God's authority". On September 3, 2015, she was jailed for ].<ref name="Graham"/><ref name="Ortiz"/> After deputy clerks began issuing marriage licenses in her absence, she, through her attorneys, stated that any marriage licenses not bearing her signature were invalid,<ref>{{cite news |url= http://www.washingtonpost.com/news/post-nation/wp/2015/09/04/with-defiant-clerk-in-jail-gay-marriage-licenses-finally-issued-in-kentucky-county/ |title= Ky. clerk's attorney: New marriage licenses 'not worth the paper they're written on' |work= ] |date= September 4, 2015 |accessdate= September 5, 2015}}</ref> while Rowan County Attorney Cecil Watkins dismissed her argument.<ref>{{cite news|last=Cheves|first=John|url=http://www.kentucky.com/2015/09/04/4019876_live-updates-county-clerk-continues.html|title=Same-sex couples issued marriage licenses in Rowan County; jailed clerk claims licenses are void |date=September 4, 2015 |work=] |accessdate=September 6, 2015}}</ref> ] ] is currently considering whether a ] should pursue potential charges of ] against her.<ref name="CJ"/>

Davis was elected Rowan County Clerk in 2014. The following year, the ] decided '']'', and all county clerks in Kentucky were ordered to issue marriage licenses to same-sex couples. Citing personal religious objections to same-sex marriage, Davis began denying marriage licenses to all couples to avoid issuing them to same-sex couples.<ref name="Blinder-Perez" /><ref name="Bobic" /> A lawsuit, '']'', was filed, and Davis was ordered by the ] to start issuing marriage licenses. She appealed to the U.S. Supreme Court, but the application to appeal was denied. Davis continued to defy the court order by refusing to issue marriage licenses "under God's authority";<ref name="Blinder-Perez"/> she was ultimately jailed for ] due to her refusal "to not interfere with her deputies issuing marriage licenses for gay couples." Speaking on Davis' behalf, her "attorney said Davis 'would not make any representation' that she would allow marriage licenses to be issued, thus not accepting the compromise that would have led to her release.".<ref>{{cite web | url=https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-held-contempt-court-n421126 | title=Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt | website=] | date=September 3, 2015 }}</ref><ref>{{Cite web|title=Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt|date=September 3, 2015 |url=https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-held-contempt-court-n421126|access-date=2020-10-05|publisher=NBC News|language=en}}</ref> Davis was released after five days in jail under the condition that she not interfere with the efforts of her deputy clerks, who had begun issuing marriage licenses to all couples in her absence. Davis then modified the Kentucky marriage licenses used in her office so that they no longer mentioned her name.

Davis's actions drew strong and mixed reactions from prominent politicians, legal experts, and religious leaders. Attorney and author ] described Davis as "the clearest example of someone who wants to use a ] argument to discriminate",<ref name="Bromberger" /> while law professor ] maintained that an employer must try to accommodate religious employees' beliefs. Republican presidential candidate ] said that Davis's imprisonment was part of the "criminalization of Christianity",<ref name="cnn1" /> while '']'' columnist ] compared Davis's refusal to obey the decision of the U.S. Supreme Court to Alabama Governor ]'s "]" in 1963. A few weeks after her release from jail, Davis met with ] in Washington, D.C. She was defeated by Democratic challenger Elwood Caudill Jr. in the November 6, 2018, election and vacated the office on January 7, 2019.


==Career== ==Career==
{{Location map
|USA
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|lat = 38.175
|long = -83.439
|label = ]
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|alt = Map showing the location of Rowan County, Kentucky}}
{{Location map
|USA Kentucky
|float = right
|lat = 38.175
|long = -83.439
|label = ]
|link =
|caption = The county seat of ] is ].
|alt = Map showing the location of Morehead, Kentucky}}


===Deputy clerk=== ===Chief deputy clerk: 1991–2015===
Kim Davis was born on September 17, 1965,<ref name="CJ4" /> in ].<ref name="ReutersAppeal">{{cite news |title=Kentucky clerk who refused same-sex marriage licenses starts new appeal |date=September 6, 2015 |work=] |url=https://www.reuters.com/article/us-usa-gaymarriage-kentucky-idUSKCN0R60UY20150906 |access-date=May 8, 2016}}</ref> By 1991, she was serving as chief deputy ] of ], reporting to her mother, Rowan County Clerk Jean W. Bailey.<ref name="budget">{{cite news |title=County clerk's office budget reduced first time |work=The Morehead News |location=Morehead, Kentucky |date=December 27, 2011 |first=Keith |last=Kappes |url=http://www.themoreheadnews.com/news/local_news/county-clerk-s-office-budget-reduced-first-time/article_d700d7ff-7041-5c92-ae21-c8454437230f.html |access-date=September 6, 2015 |quote=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 $51,812&nbsp;... her rate of pay apparently triggered most of the complaints. |archive-date=March 1, 2019 |archive-url=https://web.archive.org/web/20190301160307/https://www.themoreheadnews.com/news/local_news/county-clerk-s-office-budget-reduced-first-time/article_d700d7ff-7041-5c92-ae21-c8454437230f.html |url-status=dead }}</ref> Davis's 2011 compensation was {{US$|51812|2011|long=no}} in wages with an additional {{US$|11301|2011|long=no}} in overtime and other compensation.<ref name="budget" /> She earned more than other chief deputies in the county,{{efn|Chief Deputy Sheriff Joe Cline received $38,000 annually and Deputy Judge-Executive Jerry Alderman $36,000 annually; neither received overtime pay.}} and some county employees and residents complained to the county's governing body, the ], that the clerk's staff's wages were too high, with total compensation for five employees being about $198,000. The Fiscal Court then voted to cut the 2012 budget for wages from $300,000 to $200,000.<ref name="budget" />


===County clerk: 2015–2019===
Davis served as ] chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years.<ref name="budget">{{cite news |title= County clerk's office budget reduced first time |work= Morehead News |location= Morehead, Kentucky |date= December 27, 2011 |first= Keith |last= Kappes |url= http://www.themoreheadnews.com/news/local_news/county-clerk-s-office-budget-reduced-first-time/article_d700d7ff-7041-5c92-ae21-c8454437230f.html |accessdate=September 6, 2015}}</ref> Kentucky law permits elected county officials to employ their family members and to determine their compensation; it is common practice in the state.<ref name="budget"/>
After her mother announced she would not run for re-election in 2014, Davis filed as a ] candidate for county clerk.<ref name="wins">{{cite news |author=(Staff) |title=Blevins wins judge-executive nomination |work=The Morehead News |location=Morehead, Kentucky |date=May 20, 2014 |url=http://www.themoreheadnews.com/archives/blevins-wins-judge-executive-nomination/article_8671660e-c3eb-51d1-8f55-f232e66c2094.html |access-date=September 6, 2015 |archive-date=July 9, 2017 |archive-url=https://web.archive.org/web/20170709081025/http://www.themoreheadnews.com/archives/blevins-wins-judge-executive-nomination/article_8671660e-c3eb-51d1-8f55-f232e66c2094.html |url-status=dead }}</ref> 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.<ref name="forum">{{cite news |title=Primary candidates featured at forum |work=The Morehead News |location=Morehead, Kentucky |date=April 25, 2014 |first=Brad |last=Stacy |url=http://www.themoreheadnews.com/news/local_news/primary-candidates-featured-at-forum/article_8a5812f2-1162-5350-a1ff-289de550d081.html |access-date=September 6, 2015 |archive-date=July 11, 2019 |archive-url=https://web.archive.org/web/20190711042737/https://www.themoreheadnews.com/news/local_news/primary-candidates-featured-at-forum/article_8a5812f2-1162-5350-a1ff-289de550d081.html |url-status=dead }}</ref>


Davis narrowly won the Democratic ],<ref name="wins" /> defeating Elwood Caudill Jr., a deputy clerk in the Rowan County property valuation administrator's office, by 23 votes and advancing to the ] against ] John Cox.<ref>{{cite news |last=Kappes |first=Keith |url=http://www.themoreheadnews.com/news/local_news/davis-wins-squeaker-in-county-clerk-s-race/article_950beaca-3024-5bec-ad69-1140e4f502c8.html |title=Davis wins squeaker in county clerk's race |work=The Morehead News |location=Morehead, Kentucky |date=May 23, 2014 |access-date=October 2, 2016 |archive-date=March 9, 2017 |archive-url=https://web.archive.org/web/20170309085137/http://www.themoreheadnews.com/news/local_news/davis-wins-squeaker-in-county-clerk-s-race/article_950beaca-3024-5bec-ad69-1140e4f502c8.html |url-status=dead }}</ref><ref name="more">{{cite news |last=Menville |first=Shayla |title=County clerk's race more contested than usual |work=The Morehead News |location=Morehead, Kentucky |date=October 17, 2014 |url=http://www.themoreheadnews.com/news/local_news/county-clerk-s-race-more-contested-than-usual/article_1bbd5592-55fe-11e4-8f89-377bb4c40dd9.html |access-date=September 6, 2015 |archive-date=August 20, 2018 |archive-url=https://web.archive.org/web/20180820112303/http://www.themoreheadnews.com/news/local_news/county-clerk-s-race-more-contested-than-usual/article_1bbd5592-55fe-11e4-8f89-377bb4c40dd9.html |url-status=dead }}</ref> Davis won the election, with Cox subsequently alleging that ] was to blame for his loss.<ref name="NYTfixture">{{cite news |url=http://nyti.ms/1UltZRI |title=Kim Davis, a Local Fixture, and Now a National Symbol |first1=Alan |last1=Blinder |first2=Richard |last2=Fausset |author-link1=Alan Blinder |work=] |date=September 1, 2015 |access-date=September 2, 2015}}</ref> 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."<ref name="following">{{cite news |last=Menville |first=Shayla |title=Davis following her mother as county clerk |work=The Morehead News |location=Morehead, Kentucky |date=November 7, 2014 |url=http://www.themoreheadnews.com/news/local_news/davis-following-her-mother-as-county-clerk/article_29982458-6689-11e4-ad6b-172bf9700635.html |access-date=September 6, 2015 |archive-date=August 30, 2017 |archive-url=https://web.archive.org/web/20170830145345/http://www.themoreheadnews.com/news/local_news/davis-following-her-mother-as-county-clerk/article_29982458-6689-11e4-ad6b-172bf9700635.html |url-status=dead }}</ref><ref name="more" /><ref name="Fox-AP-150813">{{cite news |url=https://www.foxnews.com/us/kentucky-clerk-wont-give-gay-couple-marriage-license-defying-order |title=Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order |publisher=] |date=August 13, 2015 |access-date=September 1, 2015}}</ref>
In 2011, county residents complained about Davis' compensation, an annual wage of $51,812 and an additional $11,301 in overtime and other compensation during 2011.<ref name="budget"/> Davis earned substantially more than the county's other chief deputies, including $38,000 for the Chief Deputy Sheriff Joe Cline and $36,000 to the Deputy Judge-Executive Jerry Alderman, neither of whom receive overtime pay.<ref name="budget"/> The County Fiscal Court reviewed the compensation of clerks in the office and voted unanimously to cut the department's salary budget by one-third for 2012.<ref name="budget"/>


Davis took the oath of office as the county clerk of Rowan County on {{nowrap|January 5}}, 2015, beginning a four-year term slated to end on {{nowrap|January 7}}, 2019.<ref>{{cite web |title=Kentucky Constitution, Section 99 |url=http://www.lrc.ky.gov/legresou/constitu/099.htm |publisher=Kentucky Legislature |access-date=September 4, 2015 |quote=At the&nbsp;... election in and every years thereafter, there shall be elected in each county&nbsp;... a County Court Clerk&nbsp;... 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 years ... |archive-date=September 4, 2015 |archive-url=https://web.archive.org/web/20150904012829/http://www.lrc.ky.gov/legresou/constitu/099.htm |url-status=dead }}</ref> As clerk in 2015, Davis received an annual salary of {{US$|80000|2015|long=no}}.<ref name="Wynn">{{cite news |last1=Wynn |first1=Mike |last2=Wolfson |first2=Andrew |url=https://www.usatoday.com/story/news/nation/2015/09/01/ky-clerk-defies-court-refuses-issue-marriage-license-gays/71505008/ |title=Gay couples ask judge to punish defiant clerk |work=] |date=September 1, 2015 |access-date=September 1, 2015}}</ref><ref name="CBS-150902">{{cite news |url=http://www.cbsnews.com/news/kentucky-clerk-same-sex-marriage-kim-davis-turbulent-marital-history/ |title=Clerk in Ky. marriage fight has turbulent marital history |publisher=] |date=September 2, 2015 |access-date=September 3, 2015}}</ref>
===2014 election===


==Same-sex marriage license controversy==
In 2014, Bailey chose not to run for re-election.<ref name="wins">{{cite news |title= Blevins wins judge-executive nomination |work= Morehead News |location= Morehead, Kentucky |date= May 20, 2014 |url= http://www.themoreheadnews.com/archives/blevins-wins-judge-executive-nomination/article_8671660e-c3eb-51d1-8f55-f232e66c2094.html |accessdate=September 6, 2015}}</ref> Davis then ran for county clerk as a ].
===Background===
{{see also|Obergefell v. Hodges{{!}}''Obergefell v. Hodges''}}
On {{nowrap|June 26}}, 2015, the ] ruled in the ] of '']'', holding that the ] to marry is guaranteed to ] by both the ] and the ] of the ].<ref name="Obergefell">{{cite court |litigants=] |vol=576 |reporter=US |pinpoint=*22 |date=June 26, 2015 |url=https://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf |access-date=September 3, 2015 |quote=The Court now holds that same-sex couples may exercise the fundamental right to marry.}}</ref><ref name="SCOTUSblog">{{cite news |last1=Denniston |first1=Lyle |author-link=Lyle Denniston |date=June 26, 2015 |title=Opinion Analysis: Marriage Now Open to Same-Sex Couples |url=http://www.scotusblog.com/2015/06/opinion-analysis-marriage-now-open-to-same-sex-couples/ |work=] |access-date=July 2, 2015}}</ref> Fourteen counties in three ] continued to deny ]s for ]. The ] allowed the probate judges of ten counties in Alabama to deny such marriage licenses, 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.<ref name="NYT1">{{cite news |last=Stolberg |first=Sheryl Gay |title=Kentucky Clerk Defies Court on Marriage Licenses for Gay Couples |work=] |date=August 13, 2015 |url=http://nyti.ms/1P9wiQW |access-date=September 8, 2015}}</ref><ref>{{cite news |last=Morris |first=Luke |title=Rusk County clerk resigns to keep from issuing gay marriage licenses |date=July 10, 2015 |work=] |url=http://www.dallasnews.com/news/news/2015/07/10/rusk-county-clerk-resigns-to-keep-from-issuing-gay-marriage-licenses |access-date=September 13, 2015}}</ref><ref name="Ballotpedia1">{{cite web |title=Local Government Responses to ''Obergefell v. Hodges'': Local government response by state |publisher=] |date=September 11, 2015 |url=https://ballotpedia.org/Local_government_responses_to_Obergefell_v._Hodges |access-date=August 31, 2015}}</ref> ] ] ordered all Kentucky county clerks to begin issuing same-sex marriage licenses immediately.<ref>{{cite news |last=Lord |first=Joseph |title=Gov. Steve Beshear: Kentucky Will Recognize Same-Sex Marriages Starting Today |work=] |location=Murray, Kentucky |date=June 26, 2015 |url=http://wkms.org/post/gov-steve-beshear-kentucky-will-recognize-same-sex-marriages-starting-today |access-date=October 3, 2015}}</ref><ref name="CJ1">{{cite news |last=Wynn |first=Mike |url=http://www.courier-journal.com/story/news/local/2015/07/21/marriage-license-suit-vs-clerk-back-court/30319757/ |title=Clerk 'sought God' on marriage license issue |date=July 21, 2015 |work=] |location=Louisville, Kentucky |access-date=October 3, 2015}}</ref>


===Davis's reaction to same-sex marriage ruling===
At a candidate forum, Davis said she was best qualified for the position because of her 26 years of experience in the clerk's office.<ref name="forum">{{cite news |title= Primary candidates featured at forum |work= Morehead News |location= Morehead, Kentucky |date= April 25, 2014 |first= Brad |last= Stacy |url= http://www.themoreheadnews.com/news/local_news/primary-candidates-featured-at-forum/article_8a5812f2-1162-5350-a1ff-289de550d081.html |accessdate=September 6, 2015}}</ref> Candidate Elwood Caudill Jr. said he would save taxpayers' money by increasing efficiency and delivering excellent customer services while drawing on his 17 years of experience with public records.<ref name="forum"/> Candidate Charlotte Combess said she was qualified for the position because of her experience budgeting for her two businesses and her work for ]'s financial aid and admissions offices.<ref name= forum/>
]


Davis contacted Beshear, asking for an executive order to protect clerks who have moral objections against personally issuing such marriage licenses,<ref name="CJ1" /> as Kentucky law requires county clerks to issue marriage licenses in their names.<ref name="usatoday1" /> She began turning away gay couples from her county office who were seeking marriage licenses. David Ermold and David Moore, a same-sex couple from ] and alumni of ], released video footage on July 7, 2015, of Davis refusing to issue them a marriage license and requesting that they turn off their camera.<ref>{{cite AV media |people=David Ermold and David Moore |date=July 7, 2015 |title=Denied marriage license in Morehead, KY - Rowan County |via=] |url=https://www.youtube.com/watch?v=QU3yCvJWtDU |access-date=December 27, 2015}}</ref><ref>{{cite news |first=Bil |last=Browning |title=Cops Respond to Kentucky Gay Couple Requesting Marriage License |url=https://www.advocate.com/politics/marriage-equality/2015/07/08/watch-cops-respond-kentucky-gay-couple-requesting-marriage-lic |work=] |date=July 8, 2015 |access-date=August 5, 2017}}</ref> The video went viral overnight.<ref>{{cite news |author=(Staff) |title=Video of Rowan clerk denying same-sex couple's marriage license goes viral |publisher=] |location=Lexington, Kentucky |date=July 9, 2015 |url=http://www.wkyt.com/home/headlines/Video-of-Rowan-County-clerk-denying-same-sex-couple-a-marriage-license-goes-viral-312940421.html |access-date=May 7, 2016 |archive-date=May 3, 2016 |archive-url=https://web.archive.org/web/20160503050339/http://www.wkyt.com/home/headlines/Video-of-Rowan-County-clerk-denying-same-sex-couple-a-marriage-license-goes-viral-312940421.html |url-status=dead }}</ref>
Davis won the Democratic Party primary,<ref name="wins"/> and advanced to the general election against ] John Cox.<ref name="more">{{cite news |last=Menville |first=Shayla |title= County clerk's race more contested than usual |work= Morehead News |location= Morehead, Kentucky |date= October 17, 2014 |url= http://www.themoreheadnews.com/news/local_news/county-clerk-s-race-more-contested-than-usual/article_1bbd5592-55fe-11e4-8f89-377bb4c40dd9.html |accessdate=September 6, 2015 }}</ref> She defeated Cox in the general election.<ref name="more"/><ref name="Fox-AP-150813">{{cite news |url= http://www.foxnews.com/us/2015/08/13/kentucky-clerk-wont-give-gay-couple-marriage-license-defying-order/ |title= Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order |publisher= ] |agency= ] |date= August 13, 2015 |accessdate= September 1, 2015}}</ref> Following her election, 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."<ref name="following">{{cite news |last=Menville |first=Shayla |title= Davis following her mother as county clerk |work= Morehead News |location= Morehead, Kentucky |date= November 7, 2014 |url= http://www.themoreheadnews.com/news/local_news/davis-following-her-mother-as-county-clerk/article_29982458-6689-11e4-ad6b-172bf9700635.html |accessdate=September 6, 2015}}</ref>


The Family Foundation of Kentucky, a local political organization, held a protest rally against the ruling at the State Capitol in ] on August 22, 2015, attended by several thousand people.<ref name="BrammerRallies">{{cite news |last=Brammer |first=Jack |url=http://www.kentucky.com/news/hot-topics/article42608967.html |title=Two rallies in Frankfort represent two sides of same-sex marriage debate |work=] |location=Lexington, Kentucky |date=August 22, 2015 |access-date=September 15, 2016 |url-status=live |archive-url=https://web.archive.org/web/20160815034058/http://www.kentucky.com/news/hot-topics/article42608967.html |archive-date=August 15, 2016 }}</ref> The clerks of the two other Kentucky counties declined to speak to the rally crowd, but Davis spoke briefly, saying, "I need your prayers&nbsp;... to continue to stand firm in what we believe."<ref>{{cite news |last=Chamberland |first=Michele |title=Thousands Rally for Clerks Denying Gay Marriage Licenses |publisher=] |location=Lexington, Kentucky |date=August 22, 2015 |url=http://www.wkyt.com/home/headlines/Thousands-rally-for-clerks-denying-gay-marriage-licenses-322594382.html |access-date=August 31, 2015 |archive-date=August 28, 2015 |archive-url=https://web.archive.org/web/20150828235615/http://www.wkyt.com/home/headlines/Thousands-rally-for-clerks-denying-gay-marriage-licenses-322594382.html |url-status=dead }}</ref> At a competing event several blocks away organized by the ] of ], attendees celebrated the Supreme Court's decision and called upon government officials to uphold the law.<ref name="BrammerRallies"/>
On January 5, 2015, she took the oath of office and began serving her four-year term (ends January 7, 2019<ref>{{cite web|title=Kentucky Constitution, Section 99|url=http://www.lrc.ky.gov/legresou/constitu/099.htm|website=Kentucky Legislature|accessdate=September 4, 2015|quote=At the ... election in and every 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 years ...}}</ref>) as the Rowan County clerk.<ref name="LHLSep-3-15">{{cite news | url=http://www.kentucky.com/2015/09/03/4018514/federal-judge-jails-rowan-county.html | title=Judge jails Rowan clerk for contempt; 5 deputies pledge to issue marriage licenses Friday morning | work=] | date=September 3, 2015 | accessdate=September 4, 2015 | author=Cheves, John}}</ref> As county clerk, she receives an annual salary of $80,000.<ref name="CBS-150902">{{cite news | url=http://www.cbsnews.com/news/kentucky-clerk-same-sex-marriage-kim-davis-turbulent-marital-history/ | title=Clerk in Ky. marriage fight has turbulent marital history | publisher=] | date=September 2, 2015 | accessdate=September 3, 2015}}</ref><ref name="Wynn"/>


Rather than issue marriage licenses to same-sex couples, Davis began denying marriage licenses to all couples.<ref name="NYT1" /><ref name="Ballotpedia1" /><ref name="CJ1" />
===Same-sex marriage ruling===


===Lawsuits against Davis===
{{main|Miller v. Davis}} {{main|Miller v. Davis}}
On June 26, 2015, the ] ruled in the ] case of '']'', {{scite|576|___|2015}}, holding in a 5–4 decision that the ] to ] is guaranteed to ]s by both the ] and the ] of the ].<ref name="Obergefell">{{cite court |litigants= ] |vol= 576 |reporter= US |opinion= ___ |pinpoint= *22 |court= |date= June 26, 2015 |url= http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf |accessdate= September 3, 2015 |quote=The Court now holds that same-sex couples may exercise the fundamental right to marry.}}</ref><ref name="SCOTUSblog">{{cite news |last1= Denniston |first1= Lyle |date= June 26, 2015 |title= Opinion Analysis: Marriage Now Open to Same-Sex Couples |url= http://www.scotusblog.com/2015/06/opinion-analysis-marriage-now-open-to-same-sex-couples/ |work= SCOTUSblog |accessdate= July 2, 2015}}</ref>


Six couples who were denied marriage licenses from Davis sued her in her official capacity as county clerk. Four couples were represented by the ] (ACLU) of Kentucky and two couples each had separate legal representation.<ref name="NYT1" /><ref name="ErmoldYates">{{cite news |author=(Staff) |title=Court of Appeals denies delay, Davis still refuses |date=August 28, 2015 |work=The Morehead News |location=Morehead, Kentucky |url=http://www.themoreheadnews.com/news/local_news/court-of-appeals-denies-delay-davis-still-refuses/article_6b480876-4d80-11e5-85a8-135859b0bc5e.html |access-date=August 29, 2015 |url-status=live |archive-url=https://web.archive.org/web/20190711044549/https://www.themoreheadnews.com/news/local_news/court-of-appeals-denies-delay-davis-still-refuses/article_6b480876-4d80-11e5-85a8-135859b0bc5e.html |archive-date=July 11, 2019 }}</ref><ref>{{cite web |title=ACLU of Kentucky Files Class Action Suit Against Rowan County and its Clerk; Says Denial of Marriage Licenses to Same Gender and Opposite Gender Couples Unconstitutional |location=Louisville, Kentucky |publisher=] |date=July 2, 2015 |url=https://www.aclu.org/news/aclu-kentucky-files-class-action-suit-against-rowan-county-and-its-clerk |access-date=September 13, 2015}}</ref> The four couples represented by the ACLU, two same-sex couples and two opposite-sex couples, filed the first lawsuit against Davis ('']'') on July 2, 2015.<ref>{{cite court |litigants=] |court=Kentucky Eastern District Court |date=July 2, 2015 |vol=PacerMonitor |url=https://www.pacermonitor.com/public/case/8647613/Miller_et_al_v_Davis_et_al |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=] |court=Kentucky Eastern District Court |date=July 2, 2015 |vol=PlainSite |url=http://www.plainsite.org/dockets/2m8ak10k6/kentucky-eastern-district-court/miller-et-al-v-davis-et-al/ |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=] |court=Kentucky Eastern District Court |date=July 2, 2015 |vol=Justia |url=https://dockets.justia.com/docket/kentucky/kyedce/0:2015cv00044/78171 |access-date=May 8, 2016}}</ref> On July 10, 2015, David Ermold and David Moore (who had shot the viral video) next filed suit against Davis, represented by Joseph Buckles and Thomas Szczygielski (''Ermold v. Davis'');<ref>{{cite court |litigants=Ermold v. Davis |court=Kentucky Eastern District Court |date=July 10, 2015 |vol=PacerMonitor |url=https://www.pacermonitor.com/public/case/8694432/Ermold_et_al_v_Davis_et_al |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=Ermold v. Davis |court=Kentucky Eastern District Court |date=July 10, 2015 |vol=PlainSite |url=http://www.plainsite.org/dockets/2mvj5qyf0/kentucky-eastern-district-court/ermold-et-al-v-davis-et-al/ |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=Ermold v. Davis |court=Kentucky Eastern District Court |date=July 10, 2015 |vol=Justia |url=https://dockets.justia.com/docket/kentucky/kyedce/0:2015cv00046/78194 |access-date=May 8, 2016}}</ref> James Yates and William Smith Jr., represented by Rene Heinrich of the Heinrich Firm PLLC and Kash Stilz of Roush & Stilz PSC, filed a suit against Davis on August 25, 2015 (''Yates v. Davis'').<ref>{{cite court |litigants=Yates v. Davis |court=Kentucky Eastern District Court |date=August 25, 2015 |vol=PacerMonitor |url=https://www.pacermonitor.com/public/case/9236637/Yates_et_al_v_Davis_et_al |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=Yates v. Davis |court=Kentucky Eastern District Court |date=August 25, 2015 |vol=PlainSite |url=http://www.plainsite.org/dockets/2ncew0s1a/kentucky-eastern-district-court/yates-et-al-v-davis-et-al/ |access-date=May 8, 2016}}</ref><ref>{{cite court |litigants=Yates v. Davis |court=Kentucky Eastern District Court |date=August 25, 2015 |vol=Justia |url=https://dockets.justia.com/docket/kentucky/kyedce/0:2015cv00062/78453 |access-date=May 8, 2016}}</ref>
Following the ruling, eighteen counties in three states–Alabama, Kentucky, and Texas–continued to deny licenses to same-sex couples. Eleven in ], as well as Rowan County, Kentucky, stopped issuing marriage licenses altogether rather than issue them to same-sex couples.<ref name="Chamberland">{{cite news |last= Chamberland |first= Michele |title= Thousands Rally for Clerks Denying Gay Marriage Licenses |location= Lexington, KY |publisher= ] |date= August 22, 2015 |url= http://www.wkyt.com/home/headlines/Thousands-rally-for-clerks-denying-gay-marriage-licenses-322594382.html |accessdate= August 31, 2015}}</ref><ref name="Local">{{cite web|title=Local Government Responses to ''Obergefell v. Hodges''|website=Ballotpedia|date=August 21, 2015|url=http://ballotpedia.org/index.php?title=Local_government_responses_to_Obergefell_v._Hodges&mobileaction=toggle_view_desktop|accessdate=August 31, 2015}}</ref>


Federal district judge ] of the ], the judge assigned to the cases, held ] with Davis in ], at which she was the only witness. Davis argued tearfully that issuing licenses under her name violated her beliefs, citing her religious rights under the ]: "It wasn't just a spur-of-the-moment decision", she said. "It was thought out, and I sought God on it."<ref name="CJ1" /> 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."<ref name="CJ1" /> Governor Beshear stated that he would not call a special session of the General Assembly to address Davis's concerns, while other state legislators believed that such a session could accommodate Davis with possible new legislation.<ref name="CJ3">{{cite news |last=Wolfson |first=Andrew |url=http://www.courier-journal.com/story/news/politics/ky-legislature/2015/09/02/stivers-asks-judge-not-punish-kim-davis/71608948/ |title=Stivers asks judge to not punish Kim Davis |date=September 2, 2015 |work=] |location=Louisville, Kentucky |access-date=October 3, 2015}}</ref> Davis's attorneys, from the ]-based law firm ],<ref name="Stern">{{cite news |last=Stern |first=Mark Joseph |date=August 31, 2015 |title=Is Kentucky's Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers? |work=] |url=http://www.slate.com/blogs/outward/2015/08/31/kim_davis_and_the_liberty_counsel_anti_gay_group_is_bad_news.html |access-date=September 3, 2015}}</ref>{{efn|] 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.<ref name="SPLC">{{cite news |url=https://www.splcenter.org/hatewatch/2015/02/09/anti-lgbt-hate-group-represent-alabama-judges-refusing-perform-same-sex-marriages |title=Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages |publisher=] |date=February 9, 2015 |access-date=September 3, 2015 |quote=Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.}}</ref>}} 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 desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs."<ref name="CJ1" /> 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.<ref>{{cite news |first=John |last=Cheves |title=Rowan County clerk sues Ky. governor; claims same-sex marriage order violates religious freedom |date=August 5, 2015 |work=] |location=Lexington, Kentucky |url=http://www.kentucky.com/news/politics-government/article44613963.html |access-date=October 3, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160507170355/http://www.kentucky.com/news/politics-government/article44613963.html |archive-date=May 7, 2016}}</ref><ref>{{cite news |url=http://www.nydailynews.com/news/national/ky-clerk-suing-governor-same-sex-marriage-order-article-1.2315864 |title=Kentucky clerk suing Gov. Steve Beshear over order to issue marriage licenses to same-sex couples |work=] |location=New York |date=August 5, 2015 |access-date=October 3, 2015}}</ref>
Davis reacted to the ruling by forbidding her clerks from issuing any marriage licenses at all, resulting in a strained workplace atmosphere. The Kentucky Trial Court Review wrote that her "conduct has terrorized not just her staff but everyone that works in the courthouse. And all for a foolish mission aided by out of state charlatan lawyers trying to raise money for their 'religious liberty' mission."<ref name="Kaufman"/>


On August 12, Bunning issued a temporary ] barring Davis from "applying her 'no marriage licenses' policy to future marriage license requests".<ref name="NYT1" /><ref name="NYT2">{{cite news |last=Liptak |first=Adam |author-link=Adam Liptak |url=http://nyti.ms/1hsPEp8 |title=Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry |date=August 31, 2015 |work=] |access-date=August 31, 2015}}</ref> Before the stay expired, the ] refused to extend that ruling for an appeal. "It cannot be defensibly argued that the holder of the Rowan County clerk's office&nbsp;... may decline to act in conformity with the United States Constitution", the three-judge panel wrote unanimously in their refusal, continuing, "There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal."<ref name="NYT2" />
In August 2015, Davis refused to follow a court order requiring her to issue marriage licenses to same-sex couples.<ref name="Cheves"/> She refused on the grounds of religious freedom, stating that she was acting "under God's authority".<ref name="Blinder"/> Some sources have questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".<ref name="Felton">{{cite news |first=Ryan |last=Felton |title=Kentucky clerk denying licenses to gay couples has married four times |date=September 2, 2015 |accessdate=September 3, 2015 |work=] |url=http://www.theguardian.com/us-news/2015/sep/02/kentucky-clerk-kim-davis-divorced-three-times}}</ref><ref name="Arana">{{cite news |first=Gabriel |last=Arana |title=Dan Savage: Thrice-Divorced Kim Davis Is A 'Hypocrite,' Just 'Waiting To Cash In' |date=September 2, 2015 |accessdate=September 3, 2015 |work=] |url=http://www.huffingtonpost.com/entry/dan-savage-kim-davis_55e72786e4b0aec9f355722b}}</ref><ref name="Galofaro"/><ref name="Nelson"/>


===Appeal===
First-degree official misconduct is a misdemeanor according to the Kentucky penal code.<ref name="Cheves"/> It applies to a public official who "refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office."<ref name="Cheves"/> If convicted, a public official may be sentenced to up to a year in jail and a $500 fine.<ref name="Cheves"/>
{{main|Miller v. Davis#Appeal}}
Liberty Counsel and Davis filed an emergency application to ] with the U.S. Supreme Court. On August 31, 2015, in a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from legally continuing to deny marriage licenses.<ref name="NYT2" /><ref name="deVogue">{{cite news |last1=de Vogue |first1=Ariane |last2=Diamond |first2=Jeremy |url=http://www.cnn.com/2015/08/31/politics/kentucky-gay-marriage-licenses-supreme-court/index.html |title=ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses |publisher=] |date=September 1, 2015 |access-date=September 1, 2015}}</ref> In response to the U.S. Supreme Court's refusal to grant her stay request, Davis stated:


{{blockquote|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.<ref>{{cite news |author=(Staff) |title=Kim Davis Issues Statement |work=The Morehead News |location=Morehead, Kentucky |date=September 1, 2015 |url=http://www.themoreheadnews.com/news/kim-davis-issues-statement/article_adcd91c4-50c4-11e5-9a3f-37ac7706d52d.html |access-date=September 6, 2015}}</ref><ref>{{cite news |last1=Wynn |first1=Mike |last2=Wolfson |first2=Andrew |url=http://www.courier-journal.com/story/news/local/2015/09/01/rowan-courthouse-kim-davis/71504176/ |title=Kim Davis cites God, Crowd jeers gay couple |date=September 2, 2015 |work=] |location=Louisville, Kentucky |access-date=October 3, 2015}}</ref><ref name="Statement">{{cite web |title=Statement of Kentucky Clerk Kim Davis |date=September 1, 2015 |publisher=] |url=http://www.lc.org/index.cfm?PID=14102&AlertID=1965 |url-status=dead |archive-url=http://webarchive.loc.gov/all/20150902203448/http://www.lc.org/index.cfm?PID=14102&AlertID=1965 |archive-date=September 2, 2015 |access-date=September 3, 2015}}</ref>}}
Federal district judge ] of the ] ruled she must issue marriage licenses to all applicants, and both that court and the ] refused to stay that ruling pending appeal. The U.S. Supreme Court also declined to stay the District Court's ruling, but Davis continued to defy Bunning's order.


Davis continued to defy Bunning's court order after the Supreme Court's refusal.<ref name="Cheves">{{cite news |first=John |last=Cheves |title=Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses? |date=September 2, 2015 |work=] |location=Lexington, Kentucky |url=http://www.kentucky.com/news/politics-government/article42611631.html |access-date=September 4, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160507165839/http://www.kentucky.com/news/politics-government/article42611631.html |archive-date=May 7, 2016}}</ref><ref>{{cite news |last=Chappell |first=Bill |url=https://www.npr.org/sections/thetwo-way/2015/08/31/436431204/kentucky-clerk-s-request-for-a-stay-is-denied-by-u-s-supreme-court |title=Kentucky Clerk's Request for a Stay Is Denied By U.S. Supreme Court |publisher=] |date=August 31, 2015 |access-date=September 6, 2015}}</ref> The following morning, several couples sought to obtain marriage licenses, but Davis turned them away, saying she was acting "under God's authority".<ref name="Blinder-Perez">{{cite news |url=http://nyti.ms/1LQWB0r |title=Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court |work=] |date=September 1, 2015 |last1=Blinder |first1=Alan |last2=Perez-Pena |first2=Richard |author-link1=Alan Blinder |access-date=September 1, 2015}}</ref><ref name="Bobic">{{cite news |last=Bobic |first=Igor |url=http://www.huffingtonpost.com/entry/kentucky-clerk-gay-marriage-license_us_55e5a2bfe4b0b7a9633a2303 |title=Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange |work=] |date=September 1, 2015 |access-date=September 1, 2015}}</ref> Some in the media questioned whether Davis, having been married four times and only recently converted, was acting hypocritically in the application of her beliefs.<ref name="Felton">{{cite news |first=Ryan |last=Felton |title=Kentucky clerk denying licenses to gay couples has married four times |date=September 2, 2015 |work=] |url=https://www.theguardian.com/us-news/2015/sep/02/kentucky-clerk-kim-davis-divorced-three-times |access-date=September 3, 2015}}</ref><ref name="Arana">{{cite news |first=Gabriel |last=Arana |author-link=Gabriel Arana |title=Dan Savage: Thrice-Divorced Kim Davis Is A 'Hypocrite,' Just 'Waiting To Cash In' |date=September 2, 2015 |work=] |url=http://www.huffingtonpost.com/entry/dan-savage-kim-davis_us_55e72786e4b0aec9f355722b |access-date=September 3, 2015}}</ref><ref name="Galofaro" /><ref name="Nelson" />
===Contempt hearing===


===Contempt of court and jailing===
Bunning ordered Davis and her six deputy clerks to appear before him on September 3 in ] after two gay couples and two straight couples sought to have her held in contempt of court.<ref name="CBS-150903">{{cite news | url=http://www.cbsnews.com/news/kentucky-clerk-kim-davis-refusing-marry-same-sex-couples-could-learn-fate-thursday/ | title=Defiant Kentucky county clerk to learn fate soon | publisher=] | date=September 3, 2015 | accessdate=September 3, 2015}}</ref><ref>{{cite news|author1=Mike Wynn|author2=Chris Kenning|title=Ky. clerk's office will issue marriage licenses Friday – without the clerk|url=http://www.usatoday.com/story/news/politics/2015/09/03/rowan-county-ky-court-clerk-marriage-licenses-gays/71635794/|date=September 4, 2015|agency=The (Louisville, Ky.) Courier-Journal|work=USA Today|accessdate=September 4, 2015}}</ref> The four couples and the ] (ACLU) asked the court to fine Davis rather than incarcerate her.<ref name="Oh">{{cite news | url=http://www.motherjones.com/mojo/2015/09/kentucky-clerk-court-over-refusal-issue-gay-marriage-licenses | title=Kentucky Clerk Kim Davis Headed to Court Over Refusal to Issue Gay Marriage Licenses | work=] | date=September 3, 2015 | accessdate=September 3, 2015 | author=Oh, Inae}}</ref> Bunning ruled in favor of the plaintiffs and held Davis in contempt, but remanded her to custody after the hearing. The judge said she will remain incarcerated until she complies with the court's order to issue marriage licenses.<ref name="Graham">{{cite news | url=http://www.wtvq.com/2015/09/03/court-adjourned-kim-davis-jailed-for-contempt-of-court/ | title=Court adjourned: Kim Davis jailed for contempt of court | publisher=] | date=September 3, 2015 | accessdate=September 3, 2015 | author=Graham, Alexandria}}</ref><ref name="Ortiz">{{cite news | url=http://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-held-contempt-court-n421126 | title=Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt | publisher=] | date=September 3, 2015 | accessdate=September 3, 2015 | author=Ortiz, Erik}}</ref> Bunning reportedly said that fines were not an option "because outsiders would pay them for her."<ref name="Kaufman">{{Citation |last=Kaufman |first=Scott |date=September 3, 2015 |title=Kim Davis goes to jail! Judge orders Kentucky county clerk detained for refusing to issue gay-marriage licenses |work=] |url=http://www.salon.com/2015/09/03/judge_orders_kentucky_clerk_kim_davis_to_jail_for_refusing_to_comply_with_supreme_court/ |accessdate=September 4, 2015 }}</ref> Of the six deputy clerks who report to Davis, only Davis' son Nathan refused to comply with the court's order to start issuing marriage licenses.<ref name="Blinder">{{cite news | url=http://www.nytimes.com/2015/09/04/us/kim-davis-same-sex-marriage.html| title=Deputy Clerks to Issue Gay Marriage Licenses in Kentucky | work=] | date=September 3, 2015 | accessdate=September 3, 2015 | author=Blinder, Alan}}</ref> After the hearing, Davis was transported by the U.S. Marshals to the ] Detention Center in ].<ref>{{cite news |url=http://www.wsaz.com/news/headlines/Rowan-Clerk-Ordered-To-Issue-Marriage-Licenses-Again-323007901.html|title=Hundreds Attend Rally for Kim Davis at Carter County Detention Center|author=WSAZ News Staff; Dan Griffin; The Associated Press; Andrew Colegrove|publisher=]}}</ref>
{{main|Miller v. Davis#Contempt of court{{!}}''Miller v. Davis''#Contempt of court}}
Judge Bunning ordered Davis and her six deputy clerks to appear before him on {{nowrap|September 3}} after the six couples sought to have her held in ].<ref name="usatoday1">{{cite news |last1=Wynn |first1=Mike |last2=Kenning |first2=Chris |title=Ky. clerk's office will issue marriage licenses Friday – without the clerk |url=https://www.usatoday.com/story/news/politics/2015/09/03/rowan-county-ky-court-clerk-marriage-licenses-gays/71635794/ |date=September 4, 2015 |work=] |access-date=September 4, 2015}}</ref><ref name="CBS-150903">{{cite news |url=http://www.cbsnews.com/news/kentucky-clerk-kim-davis-refusing-marry-same-sex-couples-could-learn-fate-thursday/ |title=Defiant Kentucky county clerk to learn fate soon |publisher=] |date=September 3, 2015 |access-date=September 3, 2015}}</ref> Bunning ruled in the plaintiffs' favor and held Davis in contempt.<ref name="wtvq1">{{cite news |last=Graham |first=Alexandria |url=http://www.wtvq.com/2015/09/03/court-adjourned-kim-davis-jailed-for-contempt-of-court/ |title=Court adjourned: Kim Davis jailed for contempt of court |work=] |location=Lexington, Kentucky |date=September 3, 2015 |access-date=September 3, 2015}}</ref><ref name="Ortiz">{{cite news |last=Ortiz |first=Erik |url=https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-held-contempt-court-n421126 |title=Kim Davis, Kentucky Clerk, Held in Contempt and Ordered to Jail |publisher=] |date=September 3, 2015 |access-date=September 3, 2015}}</ref> The ACLU asked the court to fine Davis,<ref name="Oh">{{cite news |last=Oh |first=Inae |url=https://www.motherjones.com/mojo/2015/09/kentucky-clerk-kim-davis-contempt-court |title=Kentucky Clerk Kim Davis Headed to Court Over Refusal to Issue Gay Marriage Licenses |work=] |date=September 3, 2015 |access-date=September 3, 2015}}</ref> but Bunning ordered her ]ed in custody after the hearing. The judge said Davis would remain there until she complied with the court's order to issue marriage licenses.<ref name="wtvq1" /><ref name="Ortiz" /> Bunning then spoke with each of the deputy clerks who reported to Davis. Only her son, Nathan Davis, told the judge he refused to comply with the court's order to start issuing marriage licenses; Bunning declined to hold him in contempt.<ref name="Blinder-Lewin">{{cite news |last1=Blinder |first1=Alan |author-link=Alan Blinder |first2=Tamar |last2=Lewin |url=http://nyti.ms/1LXJv1J |title=Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage |work=] |date=September 3, 2015 |access-date=September 3, 2015}}</ref><ref>{{cite news |last=Dolan |first=Eric W. |url=https://www.rawstory.com/2015/09/kim-daviss-son-refuses-to-issue-same-sex-marriage-licenses-after-mother-is-jailed/ |title=Kim Davis' son Nathan refuses to issue same-sex marriage licenses in Kentucky after mother is jailed |work=] |date=September 3, 2015 |access-date=December 27, 2015}}</ref> After the hearing, ] transported Davis to the ] Detention Center in ].<ref>{{cite news |url=http://www.wsaz.com/news/headlines/Rowan-Clerk-Ordered-To-Issue-Marriage-Licenses-Again-323007901.html |title=Hundreds Attend Rally for Kim Davis at Carter County Detention Center |last1=Griffin |first1=Dan |last2=Colegrove |first2=Andrew |agency=] |publisher=] |location=Huntington, West Virginia |access-date=September 6, 2015 }}{{Dead link|date=September 2018 |bot=InternetArchiveBot |fix-attempted=yes}}</ref>


On Friday, September 4, the first day her office was open during her incarceration, Davis's deputy clerks began issuing marriage licenses to all couples.<ref name="ReutersAppeal" /> James Yates and William Smith Jr. (independently suing Davis) were the first couple in Rowan County to receive a marriage license since ''Obergefell''.<ref>{{cite news |url=http://www.cnn.com/2015/09/04/politics/kentucky-clerk-same-sex-marriage-kim-davis/ |title=After Kim Davis is jailed, clerk's office issues marriage license to gay couple |last1=Payne |first1=Ed |last2=Hanna |first2=Jason |date=September 4, 2015 |publisher=] |access-date=January 13, 2016}}</ref> They were soon followed by other couples who were plaintiffs against Davis.<ref name="ReutersAppeal" /><ref>{{cite news |url=http://www.whas11.com/news/marriage-licenses-issued-in-rowan-co-to-same-sex-couples/169352742 |title=Marriage licenses issued in Rowan Co. to same-sex couples |last1=Williams |first1=Bethanni |last2=Rose |first2=Derrick |date=September 4, 2015 |publisher=] |location=Louisville, Kentucky |access-date=April 13, 2016}}</ref>
Davis is represented by attorneys from the law firm ].<ref name="Stern">{{Citation |last=Stern |first=Mark Joseph |date=August 31, 2015 |title=Is Kentucky's Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers? |work=] |url=http://www.slate.com/blogs/outward/2015/08/31/kim_davis_and_the_liberty_counsel_anti_gay_group_is_bad_news.html |accessdate=September 3, 2015 }}</ref><ref name="SPLC">{{cite web | url=https://www.splcenter.org/hatewatch/2015/02/09/anti-lgbt-hate-group-represent-alabama-judges-refusing-perform-same-sex-marriages | title=Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages | publisher=] | date=February 9, 2015 | accessdate=September 3, 2015 | quote="Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric."}}</ref> On August 31, in response to the U.S. Supreme Court's refusal to grant her stay request, she said:
{{quote|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. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God's Word.<ref name="Statement">{{Citation |last=Liberty Counsel |date=September 1, 2015 |title=Statement of Kentucky Clerk Kim Davis |publisher=] |url=http://www.lc.org/index.cfm?PID=14102&AlertID=1965 |accessdate=September 3, 2015 }}</ref>}}


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.<ref name="ReutersAppeal" /><ref>{{cite news |last=Payne |first=Ed |url=http://www.cnn.com/2015/09/06/politics/kim-davis-kentucky-clerk-same-sex-marriage/ |title=Kim Davis appeals contempt of court ruling over same-sex marriage licenses |date=September 7, 2015 |publisher=] |access-date=September 7, 2015}}</ref> Separately, Davis asked Governor Beshear to free her. The governor's office said that the conflict was a "matter between her and the courts";<ref name="DavisAsks">{{cite news |url=http://www.cnn.com/2015/09/07/politics/kim-davis-same-sex-marriage-kentucky-governor/ |first1=Ralph |last1=Ellis |first2=Ed |last2=Payne |publisher=] |date=September 7, 2015 |title=Kim Davis asks Kentucky governor to free her in same-sex marriage case |access-date=September 7, 2015}}</ref> Beshear added that he lacked the legal authority to either remove Davis from office or to relieve Davis of her statutory duties.<ref>{{cite news |last=Martinez |first=Michael |url=http://www.cnn.com/2015/09/04/us/kim-davis-things-to-know/index.html |title=Who is Kim Davis, Kentucky clerk jailed over same-sex marriage licenses? |date=September 9, 2015 |publisher=] |access-date=September 30, 2017 |quote=The governor has no legal authority to remove Davis and cannot use an executive order to relieve her of statutory duties, he said.}}</ref> Rowan County Democratic ] Walter Blevins<ref>{{cite news |url=http://www.maysville-online.com/news/local/blevins-to-run-for-rowan-judge-executive/article_3dec5c9d-fa24-5130-b83e-cf1e8b49da3d.html |first=Marla |last=Tongray |date=December 30, 2013 |work=The Ledger Independent |location=Maysville, Kentucky |title=Blevins to run for Rowan judge-executive |access-date=September 7, 2015 }}{{Dead link|date=November 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> stated that he did not believe he would need to appoint a replacement for Davis, and that he believed the ] and "the General Assembly will pass something where marriage licenses don't have anyone's name on them".<ref>{{cite news |url=http://www.themoreheadnews.com/news/local_news/blevins-optimistic-davis-won-t-be-impeached/article_984e9e18-517f-11e5-918d-d3a14cba38b8.html |first=Larry |last=DeHart |date=September 2, 2015 |work=The Morehead News |location=Morehead, Kentucky |title=Blevins optimistic Davis won't be impeached |access-date=September 7, 2015 |archive-date=August 20, 2018 |archive-url=https://web.archive.org/web/20180820112258/http://www.themoreheadnews.com/news/local_news/blevins-optimistic-davis-won-t-be-impeached/article_984e9e18-517f-11e5-918d-d3a14cba38b8.html |url-status=dead }}</ref>
On September 2, 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."<ref name="de Vogue">{{Citation |last=de Vogue |first=Ariane |date=September 2, 2015 |title=Kentucky clerk who won't issue marriage licenses divorced three times |publisher=] |url=http://www.cnn.com/2015/09/02/politics/kentucky-same-sex-marriage-kim-davis-gay-marriage/index.html |accessdate=September 3, 2015 }}</ref>


===Release and return to work===
On September 3, the ] commented:
{{main|Miller v. Davis#Release from custody}}
{{quote|No one should question or challenge Ms. Davis's religious beliefs. The fact that some news articles and commentators have criticized Davis's beliefs as inconsistent or hypocritical is beside the point. The bottom line is that she has no right, constitutional or otherwise, to refuse to do the job the state of Kentucky pays her to do. ... If Ms. Davis or others feel that they cannot fulfill the duties they were selected to perform, they should step aside and allow others to serve the community.<ref>{{cite web |url=http://blog.adl.org/civil-rights/public-officials-if-your-religion-prevents-you-from-doing-your-job-step-aside |title=Public Officials: If Your Religion Prevents You From Doing Your Job, Step Aside |publisher=Anti-Defamation League |date=September 3, 2015 |accessdate=September 3, 2015}}</ref>}}
Five days later, on Tuesday, September 8, Bunning ordered Davis released from jail.<ref name="CBS-150908">{{cite news |url=http://www.cbsnews.com/news/kentucky-clerk-kim-davis-released-from-jail/ |title=Kentucky Clerk Kim Davis Ordered Released from Jail |publisher=] |date=September 8, 2015 |access-date=September 8, 2015}}</ref><ref name="Schuppe">{{cite news |last=Schuppe |first=Jon |url=https://www.nbcnews.com/news/us-news/judge-orders-kim-davis-freed-kentucky-jail-n423541 |title=Judge Orders Kim Davis Freed from Kentucky Jail |publisher=] |date=September 8, 2015 |access-date=September 8, 2015}}</ref><ref name="npr1">{{cite news |last=Peralta |first=Eyder |url=https://www.npr.org/sections/thetwo-way/2015/09/08/438587612/hours-before-big-rally-judge-orders-kim-davis-released |title=Just Before Big Rally, Kim Davis Is Released From Jail |publisher=] |date=September 8, 2015 |access-date=September 8, 2015}}</ref> The order stated: "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."<ref name="Volokh">{{cite news |last=Volokh |first=Eugene |author-link=Eugene Volokh |url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/08/kim-davis-released-from-jail-plus-more-on-her-requested-accommodation/ |title=Kim Davis released from jail, plus more on her requested accommodation |newspaper=] |date=September 8, 2015 |access-date=September 8, 2015}}</ref>


Bunning's order also stated that Davis's deputy clerks must continue to comply with his earlier order to issue marriage licenses and to submit status reports to him every fourteen days confirming their compliance.<ref name="Schuppe" /><ref name="npr1" /><ref name="Volokh" /> The deputy clerks released statements pledging to continue issuing licenses after Davis's release and to ignore any order from her to do otherwise, complying with the federal judge's order.<ref name="BeamSeptember9" /><ref name="CBS2">{{cite news |url=http://www.cbsnews.com/news/kentucky-clerk-kim-davis-deputy-marriage-licenses-same-sex-couples/ |title=Deputy Ky. clerk says he won't follow boss' defiance |publisher=] |date=September 9, 2015 |access-date=September 9, 2015}}</ref> Licenses issued since Davis's refusal state that they are authorized by "the office of the Rowan County Clerk" but no longer bear her name.<ref name="Ellis">{{cite news |last=Ellis |first=Ronnie |url=http://www.themoreheadnews.com/news/deputy-clerk-promises-to-keep-federal-court-order/article_65c1df2c-5702-11e5-97e2-b7a7e712dd45.html |title=Deputy clerk promises to keep federal court order |work=The Morehead News |location=Morehead, Kentucky |date=September 9, 2015 |access-date=September 11, 2015 |archive-date=September 29, 2019 |archive-url=https://web.archive.org/web/20190929004641/https://www.themoreheadnews.com/news/deputy-clerk-promises-to-keep-federal-court-order/article_65c1df2c-5702-11e5-97e2-b7a7e712dd45.html |url-status=dead }}</ref><ref name="Estep">{{cite news |last=Estep |first=Bill |title=Marriage licenses issued since Friday in Rowan County were altered to remove Kim Davis' name |date=September 8, 2015 |work=] |location=Lexington, Kentucky |url=http://www.kentucky.com/news/politics-government/article42612753.html |access-date=September 12, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160420031103/http://www.kentucky.com/news/politics-government/article42612753.html |archive-date=April 20, 2016}}</ref> Davis's supporters, gathered at the Rowan County Courthouse since her first day in custody, said that her deputies were unlawfully issuing licenses and should resign or be fired.<ref>{{cite news |last=Menville |first=Shayla |url=http://www.themoreheadnews.com/news/davis-supporters-call-for-removal-of-deputy-clerks/article_ef1b1ba6-5704-11e5-8fcf-e3ca8665c009.html |title=Davis Supporters Call for Removal of Deputy Clerks |work=The Morehead News |location=Morehead, Kentucky |date=September 9, 2015 |access-date=September 11, 2015 |archive-date=July 11, 2019 |archive-url=https://web.archive.org/web/20190711062411/https://www.themoreheadnews.com/news/davis-supporters-call-for-removal-of-deputy-clerks/article_ef1b1ba6-5704-11e5-8fcf-e3ca8665c009.html |url-status=dead }}</ref><ref>{{cite news |author=(Staff) |url=http://www.abc.net.au/news/2015-09-10/supporters-rally-behind-defiant-kentucky-clerk-kim-davis/6763660 |title=Kim Davis: Defiant Kentucky Clerk's Supporters Want Deputy Clerks Fired Over Marriage Licences Issued to Gays |work=The Morehead News |location=Morehead, Kentucky |date=September 11, 2015 |access-date=September 11, 2015}}</ref>{{efn|After Davis's release from jail, the ]—an armed ] ]—offered to provide a "security detail" to Davis to help prevent U.S. Marshals from re-arresting her for contempt. Davis declined the offer.<ref>{{cite news |last=Lowenberg |first=Olivia |url=http://www.csmonitor.com/USA/USA-Update/2015/0912/Oath-Keepers-offer-Kim-Davis-a-security-detail-Who-are-they |title='Oath Keepers' offer Kim Davis a security detail: Who are they? |work=] |date=September 12, 2015 |access-date=September 12, 2016}}</ref><ref>{{cite news |author=(Staff) |url=http://www.chicagotribune.com/news/nationworld/ct-kentucky-clerk-kim-davis-gay-marriage-licenses-20150911-story.html |title=Kentucky clerk rejects offer for armed militia protection against further detention |work=] |date=September 12, 2015 |access-date=September 12, 2016}}</ref>}}
'']'' columnist ] and others have compared Davis' refusal to follow court orders to Alabama Governor ]'s 1963 ] ] incident.<ref name="Graham">{{cite news | url=https://www.bostonglobe.com/opinion/2015/09/03/renee-graham-kim-davis-follows-footsteps-george-wallace/4Hqsf6bhQoXMwhjLu0cMLO/story.html | title=Kim Davis follows the footsteps of George Wallace | work=] | date=September 3, 2015 | accessdate=September 4, 2015 | author=Graham, Renée}}</ref><ref name="Rubin">{{cite news | url=https://www.washingtonpost.com/blogs/right-turn/wp/2015/09/04/trashing-the-rule-of-law/ | title=Trashing the rule of law | work=] | date=September 4, 2015 | accessdate=September 4, 2015 | author=Rubin, Jennifer}}</ref><ref name="Blinder-150903">{{cite news | url=http://www.nytimes.com/2015/09/04/us/kim-davis-same-sex-marriage.html| title=Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage | work=] | date=September 3, 2015 | accessdate=September 4, 2015 | author=Blinder, Alan and Lewin, Tamar}}</ref>


Davis returned to work a week later, on {{nowrap|September 14}}, 2015. She 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.<ref name="npr2">{{cite news |last=Neuman |first=Scott |title=Kim Davis Back at Work, But Remains Defiant |publisher=] |date=September 14, 2015 |url=https://www.npr.org/sections/thetwo-way/2015/09/14/440215241/kim-davis-back-at-work-but-remains-defiant |access-date=September 14, 2015}}</ref> She created several altered versions of the Kentucky marriage license form and instructed her deputy clerks to use them, which had her name and reference to the clerk's office removed.<ref name="newsweek1" /> The ACLU sued Davis separately for these form alterations, which they found to be of questionable legality.<ref name="newsweek1" />{{efn|The form alterations that the ACLU objected to were: 1. The phrase "in the office of" is struck. 2. The phrase "county clerk" is struck. 3. In place of her name, the form now says "Pursuant to Federal Court Order #15-CV-44 DLB". 4. In place of the title "deputy clerk", required on the form, it now reads "notary public".<ref name="newsweek1" />}} Governor Steve Beshear was asked by 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 by which the marriage licenses were altered.<ref name="newsweek1">{{cite news |last=Mosendz |first=Polly |url=http://www.newsweek.com/kim-davis-altered-marriage-licenses-375866 |title=How Kentucky Clerk Kim Davis Altered Marriage Licenses |work=] |date=September 24, 2015 |access-date=December 27, 2015}}</ref><ref>{{cite news |last=Cheves |first=John |url=http://www.kentucky.com/news/politics-government/article45066093.html |title=Marriage licenses altered by Kim Davis are valid, Beshear tells judge |work=] |location=Lexington, Kentucky |date=November 16, 2015 |access-date=December 27, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160304080855/http://www.kentucky.com/news/politics-government/article45066093.html |archive-date=March 4, 2016}}</ref> Bunning ultimately denied the ACLU's separate suit, stating the altered forms were likely legal and that Davis was now abiding by the court's order.<ref>{{cite news |url=https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-obeying-orders-gay-marriage-case-judges-n515896 |title=Kentucky Clerk Kim Davis Obeying Orders in Gay Marriage Case, Judges Rules |publisher=] |date=February 10, 2016 |access-date=April 8, 2016}}</ref>
Her attorneys said she would not accept a proposed compromise to no longer be found in contempt if she agreed to not interfere with her deputies issuing licenses for same-sex couples.<ref name="Ortiz"/>{{clarify|date=September 2015}}


While Davis remained inside her personal office, same-sex couples successfully walked out of the Rowan County clerk's office with their marriage licenses.<ref name="earlytest">{{cite news |first=Ronnie |last=Ellis |title=Davis put to test early, couple given license |date=September 14, 2015 |access-date=September 14, 2015 |work=The Morehead News |location=Morehead, Kentucky |url=http://www.themoreheadnews.com/news/davis-put-to-test-early-couple-given-license/article_a08079d6-5b1f-11e5-a11f-df3bad1d0724.html |archive-date=July 11, 2019 |archive-url=https://web.archive.org/web/20190711054541/https://www.themoreheadnews.com/news/davis-put-to-test-early-couple-given-license/article_a08079d6-5b1f-11e5-a11f-df3bad1d0724.html |url-status=dead }}</ref><ref name="cnn2">{{cite news |last1=Castillo |first1=Mariano |last2=Conlon |first2=Kevin |title=Kim Davis stands ground, but same-sex couple get marriage license |date=September 14, 2015 |publisher=] |url=http://www.cnn.com/2015/09/14/politics/kim-davis-same-sex-marriage-kentucky/ |access-date=September 14, 2015}}</ref> One of the applicants said, "My license is valid, and it's valid because of the court order that's in effect&nbsp;... It doesn't have to have her signature."<ref>{{cite news |last1=Gutierrez |first1=Gabe |last2=McClam |first2=Erin |title=Kentucky Clerk Kim Davis Says She Won't Stop Deputies on Marriage Licenses |date=September 14, 2015 |publisher=] |url=https://www.nbcnews.com/news/us-news/kentucky-clerk-kim-davis-says-she-wont-stop-deputies-marriage-n426836 |access-date=September 14, 2015}}</ref>
===Official misconduct===
The Rowan County Attorney's Office said it has referred to the ] ]'s office a charge of ] against Davis.<ref>{{cite news |url=http://www.wkyt.com/home/headlines/Supporters-opponents-gather-outside-Rowan-County-clerks-office-323227931.html|title='Official misconduct charge' against Rowan County Clerk Kim Davis referred to attorney general|last=Thornton |first=Hillary |publisher=wkyt.com}}</ref> The decision of whether to file charges is up to the state's attorney general.<ref>{{cite news |url=http://www.lex18.com/story/29910789/rowan-county-attys-office-refers-charge-of-official-misconduct-against-clerk |title=Rowan County Atty's Office Refers Charge of Official Misconduct |date=August 28, 2015|publisher=] |accessdate=August 28, 2015}}</ref>


===Reactions to controversy===
According to ] 522.020,
{{quote box |width=25em |align=right |quote=Government officials are free to disagree with the law, but not disobey it.|salign=right |source= —], ] for the Eastern District of Kentucky<ref name="Wolfson3">{{cite news |last=Wolfson |first=Andrew |url=http://www.courier-journal.com/story/news/crime/2015/09/02/kim-davis-lawyers-want-block-beshear-order/71597094/ |title=U.S. Attorney says Kim Davis should comply |date=September 2, 2015 |work=] |location=Louisville, Kentucky |access-date=October 3, 2015}}</ref><ref name="WilliamsLegal">{{cite news |first=Pete |last=Williams |title=Does Kim Davis, Kentucky Clerk Blocking Gay Marriages, Have Legal Grounds? |date=September 3, 2015 |access-date=September 4, 2015 |publisher=] |url=https://www.nbcnews.com/news/us-news/does-kentucky-clerk-kim-davis-have-legal-leg-stand-n420606}}</ref><ref>{{cite news |first=Andrew |last=Wolfson |title=U.S. Attorney says Kim Davis should comply |date=September 2, 2015 |access-date=September 3, 2015 |work=] |location=Louisville, Kentucky |url=http://www.courier-journal.com/story/news/crime/2015/09/02/kim-davis-lawyers-want-block-beshear-order/71597094/}}</ref>}}
<blockquote>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.<ref>{{cite web |url=http://www.lrc.ky.gov/statutes/statute.aspx?id=19888 |title=Kentucky Legislature: Kentucky Revised Statutes |publisher=Kentucky legislature |format=PDF |accessdate=6 September 2015}}</ref></blockquote>


Davis gained international attention after her refusal to issue marriage licenses and the ensuing controversy her actions caused.<ref name="Rose">{{cite news |url=http://gazettereview.com/2015/09/kim-davis-released-from-jail/ |title=Kim Davis Released from Jail |work=Gazette Review |location=Minneapolis, Minnesota |date=September 8, 2015 |access-date=October 5, 2015 |last=Rose |first=Jeanne}}</ref><ref name="Wolfson">{{cite news |url=http://www.courier-journal.com/story/news/religion/2015/10/01/locals-condemn-praise-davis-visit-pope/73152938/ |title=Locals condemn, praise Davis' visit with pope |work=] |location=Louisville, Kentucky |date=October 2, 2015 |access-date=October 5, 2015 |last=Wolfson |first=Andrew}}</ref><ref name="Bellamy">{{cite news |url=http://www.richmondregister.com/news/hundreds-pray-for-davis-at-carter-jail/article_2e1a54bc-5443-11e5-9311-17959f8b4ec8.html |title=Hundreds pray for Davis at Carter jail |work=] |location=Richmond, Kentucky |date=September 5, 2015 |access-date=October 5, 2015 |last=Bellamy |first=Lana}}</ref><ref>{{cite news |url=https://www.usatoday.com/story/news/nation-now/2016/08/20/judge-dismisses-civil-suits-against-kim-davis/89043068/ |title=Judge dismisses civil suits against Kim Davis |date=August 20, 2016 |work=] |access-date=June 3, 2017}}</ref><ref>{{cite news |url=https://www.reuters.com/article/us-kentucky-lgbt-idUSKCN0Z728Q |title=Kentucky clerk opposed to gay marriage says state law negates appeal |date=June 21, 2016 |work=] |access-date=June 3, 2017}}</ref><ref>{{cite news |url=https://www.theguardian.com/us-news/2015/sep/03/tennessee-judge-denies-straight-couple-divorce-same-sex-marriage-ruling |title=Tennessee judge denies straight couple divorce, citing gay marriage ruling |first=Mahita |last=Gajanan |date=September 3, 2015 |work=] |access-date=June 3, 2017}}</ref> Many legal experts asserted that Davis had no standing under the law to refuse to issue the licenses. ] professor ] 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."<ref>{{cite news |url=https://www.npr.org/2015/09/01/436673707/law-professor-davis-cant-evoke-religion-to-deny-marriage-licenses |title=Law Professor: Davis Can't Evoke Religion To Deny Marriage Licenses |date=September 1, 2015 |publisher=] |access-date=September 7, 2015}}</ref> Professor ] of ]'s ] said that Davis "waived any right to have an objection to issuing same-sex marriage licenses when she ran for the job".<ref name="WilliamsLegal" /> '']'' columnist ] and others compared Davis's refusal to follow orders of the U.S. Supreme Court to Alabama Governor ]'s futile "]" protest of desegregation in 1963.<ref name="Blinder-Lewin" /><ref name="Rubin">{{cite news |last=Rubin |first=Jennifer |author-link=Jennifer Rubin (journalist)|url=https://www.washingtonpost.com/blogs/right-turn/wp/2015/09/04/trashing-the-rule-of-law/ |title=Trashing the rule of law |newspaper=] |date=September 4, 2015 |access-date=September 4, 2015}}</ref><ref>{{cite news |last=Graham |first=Renée |url=https://www.bostonglobe.com/opinion/2015/09/03/renee-graham-kim-davis-follows-footsteps-george-wallace/4Hqsf6bhQoXMwhjLu0cMLO/story.html |title=Kim Davis follows the footsteps of George Wallace |work=] |date=September 3, 2015 |access-date=September 4, 2015}}</ref> The ], a national ] civil rights group, said, "Ms. Davis has the fundamental right to believe what she likes&nbsp;... 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."<ref name="NYT2" /> Attorney and author ], who argued for the plaintiffs in '']'', 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."<ref name="Bromberger" >{{cite news |last=Bromberger |first=Brian |date=October 15, 2015 |title=New book details Windsor Supreme Court victory |work=] |location=San Francisco Bay Area |url=http://www.ebar.com/news/article.php?sec=news&article=70989 |access-date=October 16, 2015 }}</ref>
Official misconduct in the first degree is a Class A ] 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.<ref>{{cite news |url=http://www.richmondregister.com/news/police-courts/misconduct-charge-against-davis-referred-to-ag/article_ae69bfec-4eba-11e5-b29d-8788b6e5d7c0.html?mode=jqm |title=Misconduct charge against Davis referred to AG |work=]}}</ref>


Opposition to the federal ruling came from political columnists William McGurn of '']'' and Ray Nothstine of '']''.<ref name="McGurn">{{cite news |last=McGurn |first=William |url=https://www.wsj.com/articles/why-must-kim-davis-be-jailed-1441666727 |title=Why Must Kim Davis Be Jailed? A federal judge chose the nuclear option instead of finding a reasonable accommodation. |work=] |date=September 7, 2015 |access-date=September 9, 2015}}</ref><ref name="Nothstine">{{cite news |last=Nothstine |first=Ray |url=http://www.christianpost.com/news/will-more-clerks-be-going-to-jail-2nd-christian-kentucky-clerk-defies-ruling-to-issue-marriage-licenses-to-gay-couples-144556/ |title=Will More Clerks Be Going to Jail? 2nd Christian Kentucky Clerk Defies Ruling to Issue Marriage Licenses to Gay Couples |work=] |date=September 4, 2015 |access-date=September 9, 2015}}</ref> Law professor ] suggested that the ] might compel the state to accommodate Davis's religious beliefs and argued that state courts have the authority to order the removal of Davis's name from marriage licenses.<ref name="washingtonpost1 Volokh">{{cite news |first=Eugene |last=Volokh |author-link=Eugene Volokh |url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/04/when-does-your-religion-legally-excuse-you-from-doing-part-of-your-job/ |newspaper=] |title=When does your religion legally excuse you from doing part of your job? |date=September 4, 2015 |access-date=September 12, 2015}}</ref> ] ] also came to Davis's defense; he stated, in an '']'' brief filed in federal court, that the "Supreme Court ruling has completely obliterated the definition of marriage".<ref>{{cite news |author=(Staff) |url=http://www.whas11.com/news/local/senate-president-stivers-files-amicus-brief-in-rowan-county-clerk-case/169327498 |title=Senate President Stivers files amicus brief in Rowan County clerk case |date=September 2, 2015 |publisher=] |location=Louisville, Kentucky |access-date=September 7, 2015}}</ref> Liberty Counsel, the law firm defending Davis, stated, "Kim Davis is being treated as a criminal because she cannot violate her conscience",<ref>{{cite web |title=Kentucky Clerk Kim Davis Jailed for Her Conscience |date=September 3, 2015 |publisher=] |url=http://www.lc.org/index.cfm?PID=14100&PRID=1585 |access-date=September 3, 2015 |url-status=dead |archive-url=https://archive.today/20150904013526/http://www.lc.org/index.cfm?PID=14100&PRID=1585 |archive-date=September 4, 2015 }}</ref> stating also that she refused to accept a proposed compromise where she would no longer be found in contempt if she agreed not to interfere with her deputies issuing licenses to same-sex couples.<ref name="Ortiz" />
The Kentucky attorney general may appoint a ] to investigate whether she violated the state official misconduct statute when her office refused to issue a license to a Rowan County gay couple.<ref name="CJ">{{cite news |last1=Wolfson |first1=Andrew |last2=Wynn |first2=Mike |url=http://www.courier-journal.com/story/news/local/2015/08/31/clerk-could-face-criminal-prosecution/71463078/ |title=Rowan clerk Kim Davis loses Supreme Court fight |date=August 31, 2015 |work=] |accessdate=September 6, 2015}}</ref> "We're reviewing that matter," said Leland Hulbert, a spokesperson for the Kentucky attorney general's office. "Whether or not our office assigns a special prosecutor about possible criminal charges, that is probably yet to be determined."<ref>{{cite news |url=http://time.com/4018999/kentucky-clerk-kim-davis-same-sex-marriage/ |title=What's Next for the Kentucky Clerk Who Won't Issue Gay Marriage Licenses? |last=Sanburn |first=Josh |date=September 1, 2015 |work=] |accessdate=September 1, 2015}}</ref> "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," Conway's office further noted.<ref>{{cite web |last=Conway |first=Jack |url=http://kentucky.gov/Pages/Activity-Stream.aspx?viewMode=ViewDetailInNewPage&eventID={C457AE5C-5CF0-4C8D-92D9-92DAF9EA27FA}&activityType=PressRelease |work=Kentucky.gov, Office of the Attorney General |title=Statement from Attorney General Conway |date=September 3, 2015 |publisher=The State of Kentucky |accessdate=September 6, 2015}}</ref>

Reactions against Davis also came from the ], from Kentucky Governor ], and from candidates in the race for the ]. ] ] 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."<ref>{{cite news |last=Meyer |first=Ken |title=Josh Earnest Responds to KY Clerk's Jailing: 'No Public Official Is Above the Rule of Law' |date=September 3, 2015 |work=] |url=http://www.mediaite.com/online/josh-earnest-responds-to-ky-clerks-jailing-no-public-official-is-above-the-rule-of-law/ |access-date=September 7, 2015}}</ref> Governor Beshear said the judge's decision "speaks for itself",<ref>{{cite news |first=Tom |last=Loftus |title=Beshear: Decision on Kim Davis 'speaks for itself' |date=September 3, 2015 |work=] |location=Louisville, Kentucky |url=http://www.courier-journal.com/story/news/politics/2015/09/03/beshear-firm-no-kim-davis-special-session/71662670/ |access-date=October 3, 2015}}</ref><ref>{{cite news |last=Peralta |first=Eyder |title=Despite High Court Ruling, Kentucky Clerk Denies Marriage Licenses |date=September 1, 2015 |publisher=] |url=https://www.npr.org/sections/thetwo-way/2015/09/01/436557085/despite-high-court-ruling-kentucky-clerk-denies-gay-marriage-licences |access-date=September 7, 2015}}</ref><ref>{{cite news |author=(Staff) |title=Beshear: Kim Davis' future in courts' hands; 'I have no legal authority' to remove her from office |date=September 2, 2015 |work=Northern Kentucky Tribune |location=Edgewood, Kentucky |url=http://www.nkytribune.com/2015/09/beshear-kim-davis-future-in-courts-hands-i-have-no-legal-authority-to-remove-her-from-office/ |access-date=September 7, 2015}}</ref> while his attorneys called the legal arguments in her suit against him "absurd".<ref>{{cite news |author=(Staff) |title=Beshear: Kim Davis's legal arguments 'absurd' |date=October 1, 2015 |work=] |location=Louisville, Kentucky |url=http://www.courier-journal.com/story/news/local/2015/10/01/beshear-kim-daviss-legal-arguments-absurd/73135720/ |access-date=October 3, 2015}}</ref> Democratic presidential candidate ] said, "Officials should be held to their duty to uphold the law&nbsp;– end of story."<ref>{{cite news |last=Byrnes |first=Jesse |title=Clinton: Officials should 'uphold the law' |date=September 3, 2015 |work=] |url=https://thehill.com/blogs/ballot-box/presidential-races/252739-clinton-officials-should-uphold-the-law/ |access-date=September 7, 2015}}</ref><ref name="nationalreview1">{{cite news |last=Gehrke |first=Joel |title=Jeb Bush: Kim Davis Is 'Sworn to Uphold the Law' |date=September 4, 2015 |work=] |url=http://www.nationalreview.com/article/423555/jeb-bush-kim-davis-sworn-uphold-law-joel-gehrke |access-date=September 7, 2015}}</ref> Several Republican presidential candidates also called on Davis to comply with court orders. ] said, "the decision's been made, and that is the law of the land."<ref>{{cite news |last=Sherfinski |first=David |title=Donald Trump on Kim Davis case: 'The Supreme Court has ruled' |date=September 4, 2015 |work=] |url=http://www.washingtontimes.com/news/2015/sep/4/donald-trump-kim-davis-case-supreme-court-has-rule/ |access-date=September 7, 2015}}</ref><ref>{{cite news |last=Sherfinski |first=David |title=Donald Trump on Kentucky clerk: Same-sex marriage the 'law of the land' |date=September 7, 2015 |publisher=] |url=http://www.cnn.com/2015/09/04/politics/donald-trump-gay-marriage-kentucky-clerk-kim-davis/ |access-date=September 7, 2015}}</ref> ], former governor of Florida, said Davis "is sworn to uphold the law", but also suggested that some sort of accommodation be made for her.<ref name="nationalreview1" /> Republican presidential candidates ] and Senator ] of South Carolina both suggested that Davis should comply with the court order or resign.<ref name="thinkprogress1">{{cite news |last=Israel |first=Josh |title=Only 2 Republican Candidates Think Kim Davis Needs To Quit Or Follow The Law |date=September 3, 2015 |work=] |url=http://thinkprogress.org/election/2015/09/03/3698273/republican-candidates-anti-gay-kentucky-clerk/ |access-date=September 7, 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150905005547/http://thinkprogress.org/election/2015/09/03/3698273/republican-candidates-anti-gay-kentucky-clerk/ |archive-date=September 5, 2015}}</ref>

Several national Republican politicians supported Davis. Republican presidential candidate ], 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.<ref name="cnn1">{{cite news |last=Hanna |first=Jason |title=Kim Davis released, but judge bars her from withholding marriage licenses: At rally, Republican presidential hopeful takes center stage |date=September 8, 2015 |publisher=] |url=http://www.cnn.com/2015/09/08/politics/kim-davis-same-sex-marriage-kentucky/ |access-date=September 8, 2015}}</ref> Senator ] of Texas, another Republican presidential candidate, said that Davis was a victim of "judicial tyranny" and attended the same rally.<ref name="cnn1" /><ref>{{cite news |last=Sneed |first=Tierney |title=Ted Cruz: 'I Stand With Kim Davis' |date=September 3, 2015 |work=] |url=http://talkingpointsmemo.com/livewire/ted-cruz-kim-davis-contempt |access-date=September 4, 2015}}</ref> Louisiana Governor ] and Senator ] of Kentucky, also presidential candidates, both voiced their support for Davis.<ref name="thinkprogress1" /><ref>{{cite news |last=Byrnes |first=Jesse |title=GOP candidates blast 'absurd' jailing of Kentucky marriage clerk |date=September 3, 2015 |work=] |url=https://thehill.com/blogs/blog-briefing-room/news/252732-gop-candidates-blast-absurd-jailing-of-kentucky-marriage-clerk/ |access-date=September 7, 2015}}</ref> ], the Republican nominee for ], said a simple solution to Davis's plight is for the government to stop providing marriage contracts.<ref>{{cite news |author=(Staff) |title=Matt Bevin Responds to Kim Davis' Arrest |date=September 3, 2015 |work=] |location=Lexington, Kentucky |url=http://www.wtvq.com/2015/09/03/matt-bevin-responds-to-kim-daviss-arrest/ |access-date=September 7, 2015}}</ref><ref>{{cite news |author=(Staff) |title=Matt Bevin calls on Governor Steve Beshear to uphold Kentuckians' individual liberties |date=September 3, 2015 |publisher=] |location=Bowling Green, Kentucky |url=http://www.wbko.com/news/headlines/Matt-Bevin-calls-on-Governor-Steve-Beshear-to-uphold-Kentuckians-individual-liberties-313488111.html |access-date=September 7, 2015 |url-status=dead |archive-url=https://web.archive.org/web/20150925124927/http://www.wbko.com/news/headlines/Matt-Bevin-calls-on-Governor-Steve-Beshear-to-uphold-Kentuckians-individual-liberties-313488111.html |archive-date=September 25, 2015}}</ref>

A survey of American adults conducted by ] 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.<ref name="YouGov1">{{cite web |first=Peter |last=Moore |title=Majority of public back jailing Kim Davis |date=September 9, 2015 |access-date=September 10, 2015 |publisher=] |via=] |url=https://today.yougov.com/news/2015/09/09/majority-public-back-jailing-kim-davis/}}</ref><ref name="YouGov2">{{cite web |title=1000 Adult Interviews |date=September 9, 2015 |access-date=September 10, 2015 |publisher=] |via=] |url=https://d25d2506sfb94s.cloudfront.net/cumulus_uploads/document/c073585k3w/toplines_OPI_Kentucky_Clerk_20150908.pdf}}</ref> 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.<ref name="YouGov1" /><ref name="YouGov2" />

===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 several counties in Alabama have stopped issuing marriage licenses to anyone. Probate Judge Nick Williams of ], said he stopped issuing licenses altogether to avoid discrimination and said, "I completely disagree with the authority the Supreme Court has."<ref name="nbc1">{{cite news |last=Gutierrez |first=Gabe |date=September 9, 2015 |title=Rowan County Clerk Kim Davis Isn't Kentucky's Only Gay Marriage Holdout |publisher=] |url=https://www.nbcnews.com/news/us-news/why-arent-other-defiant-kentucky-clerks-joining-kim-davis-jail-n423496 |access-date=September 19, 2015}}</ref> Probate Judge John Enslen of ], said the federal government, not state probate offices, should be the entity issuing same-sex marriage licenses.<ref>{{cite news |last=Phillips |first=Ryan |date=October 9, 2015 |title=Alabama probate judge says federal government should issue same-sex marriage licenses |work=] |location=Birmingham, Alabama |url=http://www.bizjournals.com/birmingham/news/2015/10/09/alabama-probate-judge-says-federal-government.html |access-date=October 9, 2015}}</ref> Casey Davis (unrelated to Kim Davis), a clerk in ], 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.<ref name="cnn3">{{cite news |last=Camerota |first=Alisyn |date=September 1, 2015 |title=Kentucky clerk: There is a power above man's laws |publisher=] |url=http://www.cnn.com/videos/us/2015/09/01/same-sex-marriage-kentucky-clerk-casey-davis-bts-newday.cnn/video/playlists/gay-rights-movement/ |access-date=September 19, 2015}}</ref> Kay Schwartz, a clerk in ], felt oppressed: "There's a law against bullying&nbsp;... Why take away the majority's right to give the minority their rights?"<ref name="state journal">{{cite news |last=Bowman |first=Brad |date=September 2, 2015 |title=Defiant county clerks standing ground on gay marriage issue |work=] |location=Frankfort, Kentucky |url=http://www.state-journal.com/2015/09/02/defiant-county-clerks-standing-ground-on-gay-marriage-issue/ |access-date=September 19, 2015 |archive-date=March 6, 2017 |archive-url=https://web.archive.org/web/20170306025440/http://www.state-journal.com/2015/09/02/defiant-county-clerks-standing-ground-on-gay-marriage-issue/ |url-status=dead }}</ref> She suggested the possibility of other options to meet the needs of same-sex applicants, such as an online service.<ref name="state journal" /> The ACLU has no plans for legal action against other court clerks or probate judges.<ref name="nbc1" /> National attention has not been on them as the ACLU brought no case against them, speculated ] political science professor D.&nbsp;B. Riggle: "The action in Rowan County may be in part due to the availability of plaintiffs for a case."<ref name="nbc1" />

===Decisions and issues===
{{quote box |width=25em |align=right |quote=You asked why I couldn't issue you a marriage license, and I'm explaining to you, I'm showing you why I cannot. They didn't want to hear that, though. They wanted to shove that paper down my throat and make me eat it for my dinner.|salign=right |source= —Kim Davis, May 2016<ref>{{cite news |last=Wong |first=Curtis M. |title=Kim Davis: Gay Couples Tried to 'Make Me Eat' SCOTUS Ruling for Dinner |date=May 22, 2016 |work=] |url=http://www.huffingtonpost.com/entry/kim-davis-gay-couples-tried-to-make-me-eat-scotus-ruling-for-dinner_us_573f561ae4b00e09e89efd2c |access-date=May 22, 2016}}</ref>}}

Under Kentucky law, a ] 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); however, the statute doesn't include county clerks. '']'' writer Andrew Wolfson blamed "some reason lost to history" for the omission.<ref name="Wolfson2" /> Because Davis is an elected official, she cannot simply be fired.<ref name="Wolfson2">{{cite news |first=Andrew |last=Wolfson |title=Q&A: Why hasn't Ky. clerk been fired in gay marriage license case? |date=September 2, 2015 |access-date=September 3, 2015 |work=] |url=https://www.usatoday.com/story/news/nation/2015/09/02/qa-ky-clerk-gay-marriage-license-case/71567812/}}</ref> For Davis to have been removed from the office of county clerk, ] proceedings would have had to have been initiated by the ] and charges for impeachment brought to the ].<ref name="Wolfson2" />

After being denied a license four times, one couple asked the Rowan County Attorney's Office to investigate Davis for ], a ] under Kentucky law.<ref name="BeamSeptember9">{{cite news |first=Adam |last=Beam |title=Deputy to Kim Davis promises to continue issuing marriage licenses in Rowan County |date=September 9, 2015 |access-date=September 10, 2015 |work=] |location=Lexington, Kentucky |url=http://www.kentucky.com/news/state/kentucky/article42612906.html |url-status=live |archive-url=https://web.archive.org/web/20160507163439/http://www.kentucky.com/news/state/kentucky/article42612906.html |archive-date=May 7, 2016}}</ref><ref name="Wolfson2" /><ref name="Richmond Register">{{cite news |author=(Staff) |url=http://www.richmondregister.com/news/police-courts/misconduct-charge-against-davis-referred-to-ag/article_ae69bfec-4eba-11e5-b29d-8788b6e5d7c0.html?mode=jqm |title=Misconduct charge against Davis referred to AG |date=August 31, 2015 |work=] |location=Richmond, Kentucky |access-date=August 31, 2015}}</ref> 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.<ref name="Richmond Register" /> The Rowan County Attorney's Office is prohibited from prosecuting Davis; Rowan County Attorney Cecil Watkins referred the official misconduct complaint to the Kentucky Attorney General's office, led by Attorney General ].<ref>{{cite news |last=Thornton |first=Hillary |title='Official misconduct charge' against Rowan County Clerk Kim Davis referred to attorney general |date=August 29, 2015 |publisher=] |location=Lexington, Kentucky |url=http://www.wkyt.com/home/headlines/Supporters-opponents-gather-outside-Rowan-County-clerks-office-323227931.html |access-date=August 28, 2015 |archive-date=August 29, 2015 |archive-url=https://web.archive.org/web/20150829192032/http://www.wkyt.com/home/headlines/Supporters-opponents-gather-outside-Rowan-County-clerks-office-323227931.html |url-status=dead }}</ref><ref>{{cite news |author=(Staff) |url=http://www.lex18.com/story/29910789/rowan-county-attys-office-refers-charge-of-official-misconduct-against-clerk |title=Rowan County Atty's Office Refers Charge of Official Misconduct |date=August 28, 2015 |publisher=] |location=Lexington, Kentucky |access-date=August 28, 2015 |archive-url=https://web.archive.org/web/20150830103056/http://www.lex18.com/story/29910789/rowan-county-attys-office-refers-charge-of-official-misconduct-against-clerk |archive-date=August 30, 2015 |url-status=dead }}</ref><ref name="CJ2">{{cite news |last1=Wolfson |first1=Andrew |last2=Wynn |first2=Mike |url=http://www.courier-journal.com/story/news/local/2015/08/31/clerk-could-face-criminal-prosecution/71463078/ |title=Rowan clerk Kim Davis loses Supreme Court fight |date=August 31, 2015 |work=] |location=Louisville, Kentucky |access-date=September 6, 2015}}</ref> The Kentucky Attorney General's office conducted a review,<ref>{{cite magazine |url=https://time.com/4018999/kentucky-clerk-kim-davis-same-sex-marriage/ |title=What's Next for the Kentucky Clerk Who Won't Issue Gay Marriage Licenses? |last=Sanburn |first=Josh |date=September 1, 2015 |magazine=] |access-date=September 1, 2015}}</ref> and Conway issued a statement saying, "We are a nation of laws, and no one can defy an order from a federal judge."<ref>{{cite news |last=Conway |first=Jack |author-link=Jack Conway (politician) |url=http://kentucky.gov/Pages/Activity-Stream.aspx?viewMode=ViewDetailInNewPage&eventID={C457AE5C-5CF0-4C8D-92D9-92DAF9EA27FA}&activityType=PressRelease |title=Statement from Attorney General Conway |date=September 3, 2015 |publisher=The State of Kentucky |access-date=September 6, 2015}}</ref> Conway then issued a one-sentence statement saying that he would not appoint a special prosecutor to investigate Davis.<ref name="BeamSeptember9" /><ref>{{cite news |first=Andrew |last=Wolfson |title=Conway: No special prosecutor for Kim Davis |date=September 10, 2015 |access-date=September 11, 2015 |work=] |location=Louisville, Kentucky |url=http://www.courier-journal.com/story/news/local/2015/09/10/conway-no-special-prosecutor-kim-davis/72014942/}}</ref>

Months after Davis's office began issuing same-sex marriage licenses, Davis's lawyers filed a motion asking the ] to overturn four of Judge Bunning's decisions, calling them a "rush to judgment" 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".<ref>{{cite news |author=(Staff) |title=Kim Davis Heads Back To Court |date=November 4, 2015 |work=] |url=http://www.huffingtonpost.com/entry/kim-davis-appeals-jail_us_563a1d53e4b0411d306ef387 |access-date=November 6, 2015}}</ref> The court denied the motion on November 5.<ref>{{cite news |author=(Staff) |title=Kentucky: Defiant Clerk Loses Again |date=November 5, 2015 |access-date=November 6, 2015 |work=] |agency=] |url=http://nyti.ms/1PqSMz7}}</ref> Davis's lawyers filed their last appeal the next day, 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's office was initially ordered to issue licenses. 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.<ref>{{cite news |last=Connolly |first=Amy R. |title=Kentucky clerk Kim Davis loses latest gay marriage appeal |date=November 6, 2015 |work=] |url=http://www.upi.com/Top_News/US/2015/11/06/Kentucky-clerk-Kim-Davis-loses-latest-gay-marriage-appeal/5041446822266/ |access-date=November 26, 2015}}</ref> This final appeal was denied two days later by the court.<ref>{{cite news |title=Kentucky clerk Kim Davis loses latest gay marriage appeal |date=November 5, 2015 |agency=] |url=http://bigstory.ap.org/article/599776ea9b3f408483387e81aedc2c96/kentucky-clerk-kim-davis-loses-latest-gay-marriage-appeal |access-date=November 26, 2015 |archive-date=December 8, 2015 |archive-url=https://web.archive.org/web/20151208073351/http://bigstory.ap.org/article/599776ea9b3f408483387e81aedc2c96/kentucky-clerk-kim-davis-loses-latest-gay-marriage-appeal |url-status=dead }}</ref>

In March 2016, the ] (CfA), a Washington, D.C.-based nonprofit group, made a request to Davis for access to ] under the Kentucky Open Records Act, seeking copies of ]s and lawyer-client engagement agreements between Davis and her attorneys at Liberty Counsel.<ref name="ChevesOpenRecordsAct">{{cite news |last=Cheves |first=John |url=http://www.kentucky.com/news/politics-government/article87724492.html |title=Kim Davis violated Open Records Act, attorney general says |work=] |location=Lexington, Kentucky |date=July 5, 2016 |access-date=September 15, 2016 |url-status=live |archive-url=https://web.archive.org/web/20160706151515/http://www.kentucky.com/news/politics-government/article87724492.html |archive-date=July 6, 2016 }}</ref><ref name="Watkins">{{cite news |last=Watkins |first=Morgan |url=http://www.courier-journal.com/story/news/politics/2016/07/05/ag-opinion-kim-davis-violated-open-records-act/86723282/ |title=AG opinion: Kim Davis violated Open Records Act |work=] |location=Louisville, Kentucky |date=July 6, 2016 |access-date=September 15, 2016}}</ref> Liberty Counsel, which responded to the request on Davis's behalf, refused to comply, arguing that the documents were preliminary and private records are not subject to the Act.<ref name="ChevesOpenRecordsAct"/> CfA appealed to the Office of the ], which under Kentucky law has the authority to make binding rulings on the Open Records Act,<ref name="ChevesOpenRecordsAct"/> and resubmitted its request to Davis's office in April 2016.<ref name="Watkins"/> The Attorney General's Office sought to ] the records at issue to determine if an exemption applied, but Liberty Counsel refused to make most of the documents available for a private review.<ref name="ChevesOpenRecordsAct"/><ref name="Watkins"/> In an opinion issued on June 30, 2016, the Attorney General's Office determined that Davis had violated the Open Records Act, saying that her conduct had the effect of "intentionally frustrating the attorney general's review of an open records request" which "would subvert the General Assembly's intent behind providing review by the attorney general."<ref name="ChevesOpenRecordsAct"/><ref name="Watkins"/>

One of the first acts of newly elected Kentucky Governor Matt Bevin was an executive order to remove clerks' names from the state marriage licenses. Bevin expressed his hope on November 6, 2015, that the executive order will protect the religious beliefs of officials who are opposed to gay marriage.<ref>{{cite news |url=http://www.ibtimes.com/amid-kim-davis-backlash-kentucky-gov-elect-matt-bevin-remove-clerks-names-state-2173662 |title=Amid Kim Davis Backlash, Kentucky Gov.-Elect Matt Bevin To Remove Clerks' Names From State Marriage Licenses |last=Michelle |first=Mark |work=] |date=November 6, 2015 |access-date=December 28, 2015}}</ref><ref name="Bittenbender">{{cite news |url=http://www.charismanews.com/us/54026-kentucky-governor-honors-sincerely-held-religious-beliefs |title=Kentucky Governor Gives Kim Davis a 'Wonderful Christmas Gift' |last=Bittenbender |first=Steve |work=] |date=December 23, 2015 |access-date=December 28, 2015}}</ref> Kim Davis and her attorneys at Liberty Counsel immediately requested that the court dismiss her appeals, because the new regulation provides a religious accommodation for her and makes the case ].<ref>{{cite news |author=(Staff) |title=Rowan County Clerk Kim Davis requests marriage license appeals be dismissed |publisher=] |location=Lexington, Kentucky |date=June 21, 2016 |url=http://www.wkyt.com/content/news/Rowan-County-Clerk-Kim-Davis-requests-marriage-license-appeals-be-dismissed-383807601.html |access-date=May 7, 2016}}</ref> Bunning agreed, dismissing the three lawsuits filed against her, saying the new governor's order to use a license form that does not require the county clerk's signature has removed the controversy before the court.<ref>{{cite news |last=Loftus |first=Tom |title=Judge dismisses civil suits against Kim Davis |date=August 20, 2016 |work=] |url=https://www.usatoday.com/story/news/nation-now/2016/08/20/judge-dismisses-civil-suits-against-kim-davis/89043068/ |access-date=October 2, 2016}}</ref><ref>{{cite news |author=(Staff) |url=http://www.charismanews.com/us/59396-victory-at-last-kim-davis-has-won-the-fight-for-religious-freedom |title=Victory at Last! Kim Davis Has Won the Fight for Religious Freedom |date=August 19, 2016 |work=] |access-date=October 2, 2016}}</ref><ref>{{cite news |last=Provenzano |first=Brianna |url=https://mic.com/articles/152148/all-3-lawsuits-against-kim-davis-were-just-dismissed-by-a-federal-judge |title=All 3 lawsuits against Kim Davis were just dismissed by a federal judge |date=August 20, 2016 |publisher=] |access-date=October 2, 2016}}</ref><ref>{{cite news |last=Farias |first=Cristian |url=http://www.huffingtonpost.com/entry/kim-davis-gay-marriage-lawsuit_us_576968d9e4b087b70be5f8bd |title=Kim Davis Wants The Law To Forget That Time She Defied The Supreme Court on Gay Marriage |date=June 21, 2016 |work=] |access-date=October 2, 2016}}</ref> One of the plaintiff couples who were denied marriage licenses from Davis contacted Bunning, requesting they be allowed to recoup $230,000 in legal fees. Davis's attorneys asserted that their legislative victory resolves the matter; the couples did not prevail against Davis, therefore they are not entitled to demand that Davis reimburse their legal fees. Separately, Rowan County filed a response contending that the county government should never have to pay for the actions of a single county clerk.<ref>{{cite news |last=Cheves |first=John |url=http://www.kentucky.com/news/politics-government/article112014812.html |title=Couples who sued Kim Davis to get married now want to hand her the bill |work=] |location=Lexington, Kentucky |date=November 2, 2016 |access-date=November 5, 2016 |url-status=live |archive-url=https://web.archive.org/web/20161103130133/http://www.kentucky.com/news/politics-government/article112014812.html |archive-date=November 3, 2016 }}</ref> Then, by May 2017, a Cincinnati federal appeals court found that Bunning had erred in finding that damages claims by plaintiff couple David Ermold and David Moore became moot, saying, "The district court's characterization of this case as simply contesting the 'no marriage licenses' policy is inaccurate, because Ermold and Moore did not seek an injunction—they sought only damages"; observing that the record does not prevent damages claims. The three-judge panel granted leave for the couple to sue for damages over one marriage license.<ref>{{cite news |url=https://www.reuters.com/article/us-kentucky-marriage-idUSKBN17Y29Y |title=Same-sex couple can seek damages from Kentucky clerk: U.S. appeals court |date=May 2, 2017 |work=]}}</ref> Their case was sent back to Bunning, where he stated that the state of Kentucky was obligated to pay $222,000 in legal fees.<ref>{{cite news |last=Held |first=Amy |title=Kentucky Must Pay Attorney Fees For Couples Who Sued Kim Davis, Judge Says | date=July 21, 2017 |publisher=] |url=https://www.npr.org/sections/thetwo-way/2017/07/21/538592022/kentucky-must-pay-attorney-fees-for-couples-who-sued-kim-davis-says-judge |access-date=July 21, 2017}}</ref> The ACLU itself sued Davis to recover $233,000 in legal fees,<ref>{{cite news |last=Ring |first=Trudy |title=ACLU Sues Kim Davis and Her County for $233K in Legal Fees |date=September 20, 2016 |work=] |url=http://www.advocate.com/marriage-equality/2016/9/20/aclu-sues-kim-davis-and-her-county-233k-legal-fees |access-date=September 25, 2016}}</ref><ref>{{cite news |last=Patterson |first=Fadia |url=http://www.wtvq.com/2016/09/20/aclu-lawyers-sue-kim-davis-legal-fees/ |title=ACLU Lawyers Sue Kim Davis Over Legal Fees |work=] |location=Lexington, Kentucky |date=September 20, 2016 |access-date=September 25, 2016}}</ref> but the motion was denied; the organization was not a "prevailing party" in the legal action.<ref>{{cite news |last=D'Angelo |first=Chris |title=Judge Denies ACLU's Motion To Recoup Legal Fees From Marriage Equality Battle |date=March 7, 2017 |work=] |url=http://www.huffingtonpost.com/entry/judge-denies-aclu-motion-legal-fees-kim-davis_us_58bddd86e4b033be1467c36a |access-date=May 20, 2017}}</ref><ref>{{cite web |url=http://law.justia.com/cases/federal/appellate-courts/ca6/16-6412/16-6412-2017-05-02.html |title=Ermold v. Davis, No. 16-6412 (6th Cir. 2017) |access-date=June 3, 2017}}</ref>

In July 2017, Davis was again sued for failing to issue a marriage license. The plaintiff, {{visible anchor|Mark Sevier}}, ] graduate, was denied a license to marry a laptop computer.<ref>{{cite news |title=Kim Davis Facing Lawsuit for Denying a Man a License to Marry His Laptop Computer |last=Zaimov |first=Stoyan |work=] | location=Washington D.C. |date=July 7, 2016 |url=http://www.christianpost.com/news/kim-davis-lawsuit-denying-man-license-marry-laptop-computer-166140/ |access-date=September 27, 2017}}</ref><ref>{{cite news |title=Kim Davis sued for denying man license to marry his laptop |publisher=] |location=Lexington, Kentucky |date=July 5, 2017 |url=http://www.wkyt.com/content/news/Kim-Davis-sued-for-denying-man-license-to-marry-his-laptop-385614681.html |access-date=September 27, 2017}}</ref> A similar Florida lawsuit was dismissed in May.<ref>{{cite news |title=Florida judge won't let man marry porn-filled computer |work=] |location=Orlando, Florida |url=http://www.orlandosentinel.com/features/gone-viral/os-marry-porn-computer-20140508-post.html |access-date=September 27, 2017}}</ref>

By February 2019, Governor Bevin formally rejected the idea of Kentucky bearing the $222,000 financial responsibility, insisting the amount should be paid by Kim Davis alone. "Only Davis refused to comply with the law" Bevin stated through his attorneys, insisting taxpayers "should not have to collectively bear the financial responsibility for Davis's intransigence."<ref>{{cite news |last=Beam |first=Adam |title=Gov. Bevin, Kentucky clerk at odds over attorneys' fees |date=January 30, 2019 |work=] |url=https://www.apnews.com/67650ab16e6343869744e9c8fc9600af |access-date=February 6, 2019}}</ref> However, Bunning issued a preliminary injunction ordering the state of Kentucky to pay her legal fees, writing that "Davis represented the Commonwealth of Kentucky when she refused to issue marriage licenses to legally eligible couples. The buck stops there."<ref>{{cite web |url=https://www.aclu.org/cases/miller-v-davis |title=Miller v. Davis |website=American Civil Liberties Union}}</ref><ref>{{cite web |url=https://www.courier-journal.com/story/news/2017/07/21/judge-rowan-county-must-pay-226-695-attorneys-fees-same-sex-couples-who-sued-clerk-kim-davis/499280001/ |title=Taxpayers on hook for Kentucky clerk Kim Davis' fight against gay marriage |first=Andrew |last=Wolfson |website=The Courier-Journal}}</ref><ref>{{cite web |url=https://www.npr.org/sections/thetwo-way/2017/07/21/538592022/kentucky-must-pay-attorney-fees-for-couples-who-sued-kim-davis-says-judge |title=Kentucky Must Pay Attorney Fees For Couples Who Sued Kim Davis, Judge Says|website=NPR |date=July 21, 2017 |last1=Held |first1=Amy }}</ref> Local reporting acknowledged that Bevin had previously backed her refusal to issue marriage licenses to same-sex couples.<ref>{{cite web |url=https://www.courier-journal.com/story/news/politics/2019/01/31/matt-bevin-lawyer-kim-davis-must-pay-kentuckys-legal-fees/2726990002/ |title=Matt Bevin praised Kim Davis, but now his lawyers want her to pay up |first=Andrew |last=Wolfson |website=The Courier-Journal}}</ref><ref>{{cite web |url=https://www.courier-journal.com/story/news/politics/2015/09/01/matt-bevin-defends-rowan-clerk-kim-davis/71514564/ |title=Kim Davis gets Matt Bevin's 'absolute' backing |first=Phillip M. |last=Bailey |website=The Courier-Journal}}</ref> On August 23, 2019, the U.S. 6th Circuit Court of Appeals in Cincinnati upheld Bunning's decision ordering Kentucky to pay the $225,000 legal bill from the Kim Davis case.<ref name="Cheves_8/23/2019">{{cite web | last=Cheves | first=John | title=Kentucky must pay $225,000 legal bill from Kim Davis case, appeals court says | website=] | date=August 23, 2019 | url=https://www.kentucky.com/news/politics-government/article234313792.html | access-date=August 26, 2019}}</ref>

Bunning ruled on March 18, 2022, that Davis violated the constitutional rights in both the ''Miller'' and ''Ermold'' cases, in light of the Supreme Court's ''Obergefell'' decision, stating that she "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official." The decision allowed the plaintiffs in ''Miller'' and ''Ermold'' to continue to seek legal fees and potentially other damages from Davis through a jury trial.<ref>{{cite web | url = https://apnews.com/article/same-sex-marriage-licenses-federal-lawsuit-kim-davis-9b7d9a257d4637c4e8d3fb4b11c55a34 | title = Judge: Same-sex marriage license denials violated rights | first = Jonathan | last = Mattise | date = March 18, 2022 | accessdate = March 19, 2022 | work = ] }}</ref>

On September 13, 2023, a jury ordered Davis to pay Ermold and Moore $100,000 in damages.<ref>{{Cite web |last=Henderson |first=Jennifer |date=2023-09-14 |title=Same-sex couple in Kentucky denied marriage licenses from county clerk awarded $100,000 in damages |url=https://www.cnn.com/2023/09/14/us/kentucky-same-sex-couple-kim-davis-lawsuit/index.html |access-date=2023-09-18 |website=CNN |language=en}}</ref> On December 28, to what Davis must pay, Bunning added $246,026.40 in attorneys’ fees and $14,058.30 in attorneys' expenses. The Liberty Counsel, which represents Davis, has stated they will file a motion to reverse the jury's verdict and overturn Bunning's decision.<ref>{{Cite web |last=Wymer |first=Garrett |date=2024-01-02 |title=Judge: Kim Davis owes $250k in attorneys' fees |url=https://www.wkyt.com/2024/01/02/judge-kim-davis-owes-250k-attorneys-fees/ |access-date=2024-01-03 |website=WKYT |language=en}}</ref>

==Meeting with Pope Francis==
] visited the U.S. in September 2015.]]
Within a few weeks of Davis's release from jail, Davis announced she and her husband had met with ] on September 24, 2015, at the ] in Washington, D.C., during ].<ref>{{cite news |title=Pope Francis meets with Kim Davis, enters culture war |date=October 1, 2015 |url=http://www.cnn.com/2015/09/30/us/kim-davis-pope/ |publisher=] |access-date=February 19, 2016}}</ref><ref>{{cite news |title=Kim Davis speaks out on meeting Pope Francis |date=September 30, 2015 |url=http://www.cbsnews.com/news/kim-davis-pope-francis-visit-washington-dc/ |publisher=] |access-date=February 19, 2016}}</ref> According to Davis and her lawyer, the pope told Davis to "stay strong" and gave her two ].<ref>{{cite news |title=Kim Davis, Kentucky County Clerk, Met Pope Francis |url=http://nyti.ms/1VqFnH8 |work=] |date=September 30, 2015 |access-date=September 30, 2015 |first=Laurie |last=Goodstein}}</ref><ref>{{cite news |last1=Eversley |first1=Melanie |last2=Bacon |first2=John |title=Vatican confirms pope met with Kim Davis |date=September 30, 2015 |work=] |url=https://www.usatoday.com/story/news/nation/2015/09/30/vatican-quiet-claim-pope-met-kim-davis/73078774/ |access-date=September 30, 2015}}</ref><ref name="Chappell">{{cite news |last=Chappell |first=Bill |date=September 30, 2015 |title=Kim Davis And Pope Francis Had A Private Meeting in D.C. |publisher=] |url=https://www.npr.org/sections/thetwo-way/2015/09/30/444671535/kim-davis-and-pope-francis-reportedly-had-a-private-meeting-in-dc |access-date=September 30, 2015}}</ref><ref name="Atlantic">{{cite news |url=https://www.theatlantic.com/politics/archive/2015/09/pope-francis-allegedly-met-with-kim-davis-what-does-it-mean/408166/ |title=Why Did Pope Francis Meet With Kim Davis, the Gay-Marriage-Protesting Clerk From Kentucky? |last=Green |first=Emma |date=September 30, 2015 |work=] |access-date=September 30, 2015}}</ref> Vaticanist ] said that "there's no way to view the encounter other than as a broad gesture of support by the pope for conscientious objection from gay marriage laws" and that the gesture strengthened the hand of those who defend religious freedom.<ref>{{cite news |last=Allen Jr. |first=John L. |title=What it means that Pope Francis met Kim Davis |date=September 30, 2015 |work=] |url=https://cruxnow.com/papal-visit/2015/09/30/what-it-means-that-pope-francis-met-kim-davis/ |access-date=November 26, 2015 |archive-date=November 27, 2015 |archive-url=https://web.archive.org/web/20151127022810/http://www.cruxnow.com/papal-visit/2015/09/30/what-it-means-that-pope-francis-met-kim-davis/ |url-status=dead }}</ref>

Two days later, the ] 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".<ref name="Payne">{{cite news |url=http://www.cnn.com/2015/10/02/us/kim-davis-pope/ |title=Pope's meeting with Kim Davis not an endorsement, Vatican says |publisher=] |date=October 2, 2015 |access-date=October 2, 2015 |last1=Payne |first1=Ed |last2=Burke |first2=Daniel}}</ref><ref name="Boorstein">{{cite news |url=https://www.washingtonpost.com/news/acts-of-faith/wp/2015/10/02/vatican-downplays-importance-of-pope-franciss-meeting-with-kim-davis/ |title=Why no one wants to talk about how the Pope Francis-Kim Davis meeting was arranged |newspaper=] |date=October 2, 2015 |access-date=October 2, 2015 |last=Boorstein |first=Michelle}}</ref><ref name="Yardley">{{cite news |url=http://nyti.ms/1Vs1GBz |title=Pope Francis' Meeting Wasn't an Endorsement of Kim Davis's Views, Vatican Says |work=] |date=October 2, 2015 |access-date=October 2, 2015 |last1=Yardley |first1=Jim |last2=Goodstein |first2=Laurie}}</ref><ref>{{cite news |title=Holy See Press Office issues statement on Pope's meeting with Kim Davis |publisher=] |date=October 2, 2015 |url=http://www.news.va/en/news/holy-see-press-office-issues-statement-on-popes-me |access-date=November 7, 2015 |archive-date=November 3, 2015 |archive-url=https://web.archive.org/web/20151103063802/http://www.news.va/en/news/holy-see-press-office-issues-statement-on-popes-me |url-status=dead }}</ref> According to Vatican spokesman Father ], the Pope met with several dozen other people, and rosaries were also given to others in attendance; Davis was not invited by the Pope to the ], and "the meeting may have been manipulated by her and her lawyer".<ref name="Kington">{{cite news |url=http://www.latimes.com/world/europe/la-fg-pope-francis-kim-davis-meeting-20151002-story.html |title=The truth about the Kim Davis/Pope Francis meeting, according to the Vatican |work=] |date=October 2, 2015 |access-date=October 2, 2015 |last=Kington |first=Tom}}</ref> The only ] 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.<ref name="Yardley" /><ref name="Burke-151002">{{cite news |url=http://www.cnn.com/2015/10/02/us/pope-gay-washington/ |title=Pope held private meeting with same-sex couple in U.S. |publisher=] |date=October 2, 2015 |access-date=October 2, 2015 |last=Burke |first=Daniel}}</ref><ref name="Green-151002">{{cite news |url=https://www.theatlantic.com/politics/archive/2015/10/before-kim-davis-the-pope-hung-out-with-a-gay-couple/408718/ |title=Before Kim Davis, the Pope Hung Out With a Gay Couple |work=] |date=October 2, 2015 |access-date=October 2, 2015 |last=Green |first=Emma}}</ref> Observers speculated whether the Pope had not been informed of Davis's controversy or if the Vatican had underestimated the media impact that such a meeting would cause.<ref>{{cite news |title=Archbishop at Center of Mystery of Papal Meeting With Kim Davis |date=October 2, 2015 |work=] |url=https://www.nytimes.com/2015/10/03/world/europe/archbishop-at-center-of-mystery-of-papal-meeting-with-kim-davis.html |access-date=May 8, 2016}}</ref>

On September 27, 2015, a reporter asked Pope Francis if he supported individuals, including government officials, who have a contentious objection to certain duties such as issuing marriage licenses to same-sex couples. He responded:<ref> ''ABC News'', September 30, 2015 and by Elizabeth Dias, ''Time'', September 28, 2015</ref>

<blockquote>"I can’t have in mind all cases that can exist about conscience objection but yes, I can say conscientious objection is a right that is a part of every human right{{nbsp}}...If a person does not allow others to be a conscientious objector, he denies a right.{{nbsp}}... Conscientious objection must enter into every judicial structure{{nbsp}}... Otherwise we would end up in a situation where we select what is a right, saying 'this right that has merit, this one does not.'"</blockquote>

==Reelection campaign==
Davis announced that she would run for reelection in 2018 as a Republican.<ref>{{cite news |title=Kentucky Clerk Opposed to Gay Marriage to Run for 2018 Re-Election |date=November 9, 2017 |publisher=] |agency=] |url=https://www.nbcnews.com/feature/nbc-out/kentucky-clerk-opposed-gay-marriage-run-2018-re-election-n819011 |access-date=November 11, 2017}}</ref> Davis did not face any challengers in the Republican primary. Four Democrats ran in the May 2018 primary with the winner being Rowan County Assistant Property Valuation Administrator Elwood Caudill Jr., whom Davis narrowly defeated in the Democratic primary in 2014.<ref name="prifilings2018">{{cite web |title=2018 Primary Election Candidate Filings |publisher=Kim Davis County Clerk, Rowan County, Kentucky |date=March 1, 2018 |url=https://rowancountyclerk.com/wp-content/uploads/2018/01/2018-PRIMARY-ELECTION-CANDIDATE-FILINGS-1.pdf |access-date=May 22, 2018}}</ref><ref>{{cite news |first1=Adam |last1=Beam |first2=Dylan |last2=Lovan |title=Gay Kentucky man loses bid to challenge Rowan County clerk Kim Davis |date=May 22, 2018 |access-date=November 8, 2018 |work=] |location=Louisville, Kentucky |url=https://www.courier-journal.com/story/news/politics/2018/05/22/rowan-county-clerk-primary-election-results/635263002/}}</ref> One of the Democrats Caudill defeated was David Ermold, who had been denied a marriage license by Davis and then filed suit against her.<ref>{{cite news |last1=Brammer |first1=John Paul |title=Kim Davis turned him away. Now he's running to unseat her. |url=https://www.nbcnews.com/feature/nbc-out/kim-davis-turned-him-away-now-he-s-running-unseat-n826766 |access-date=December 6, 2017 |publisher=] |date=December 6, 2017}}</ref><ref>{{cite news |author=(Staff) |title=Man denied marriage license by Kim Davis announces campaign to replace her |publisher=] |location=Lexington, Kentucky |date=December 6, 2017 |url=http://www.wkyt.com/content/news/Man-denied-marriage-license-by-Kim-Davis-announces-campaign-to-replace-her-462310493.html |access-date=December 7, 2017}}</ref> Davis lost her reelection campaign on November 6, 2018, when she was defeated by Caudill in the general election by a little over 8 percentage points.<ref>{{cite news |last=Wright |first=Will |title=Kim Davis, clerk who refused to sign marriage licenses for gay couples, loses to Democrat |date=November 6, 2018 |work=] |location=Lexington, Kentucky |url=https://www.kentucky.com/news/politics-government/article221121745.html |access-date=November 8, 2018}}</ref><ref>{{cite news |last=Gstalter |first=Morgan |title=Anti-gay marriage country clerk Kim Davis loses reelection in Kentucky |date=November 6, 2018 |work=] |url=https://thehill.com/homenews/campaign/415366-anti-gay-marriage-country-clerk-kim-davis-loses-reelection-in-kentucky/ |access-date=November 8, 2018}}</ref>


==Personal life== ==Personal life==
Davis has been married four times to three husbands.<ref name="CBS-150902" /><ref name="Mack">{{cite news |first=David |last=Mack |date=September 1, 2015 |url=https://www.buzzfeed.com/davidmack/meet-kim-davis |title=Meet Kim Davis, the Woman Denying Same-Sex Couples Marriage Licenses in Kentucky |work=] |access-date=September 3, 2015}}</ref> The first three marriages ended in divorce in 1994, 2006, and 2008. Davis has two daughters from her first marriage and twins, a son and another daughter, who were born five months after her divorce from her first husband.{{citation needed|date=March 2020}} Her third husband is the biological father of the twins, the children being conceived while Davis was still married to her first husband. The twins were adopted by Davis's current husband, Joe Davis, who was also her second husband; the couple initially divorced in 2006 but later remarried.<ref name="CJ4">{{cite news |first1=Andrew |last1=Wolfson |first2=Mike |last2=Wynn |title=Ky clerk Kim Davis stands firm amid ridicule |date=September 3, 2015 |access-date=September 7, 2015 |work=] |location=Louisville, Kentucky |url=http://www.courier-journal.com/story/news/local/2015/09/02/ky-clerk-kim-davis-stands-firm-amid-ridicule/71604706/}}</ref><ref name="Nelson">{{cite news |first=Steven |last=Nelson |title=Kentucky Clerk Fighting Gay Marriage Has Wed Four Times |date=September 1, 2015 |access-date=September 3, 2015 |work=] |url=https://www.usnews.com/news/articles/2015/09/01/kentucky-clerk-fighting-gay-marriage-has-wed-four-times}}</ref> Joe Davis has also stated his support for her stance against same-sex marriage.<ref name="Galofaro">{{cite news |url=https://www.usnews.com/news/us/articles/2015/09/02/clerk-in-gay-marriage-fight-once-unlikely-to-wage-moral-war |title=Kentucky Clerk in Gay Marriage Fight Says to Her, It's 'a Heaven or Hell Decision' |work=] |first=Claire |last=Galofaro |date=September 2, 2015 |agency=]}}</ref> Davis's son Nathan works in her office as a deputy clerk and has taken the same position of denying marriage licenses to same-sex couples.<ref name="Defiant">{{cite news |url=http://www.bostonherald.com/news_opinion/national/2015/09/kentucky_clerks_to_license_marriages_as_their_boss_is_jailed |title=Kentucky clerks to license marriages as their boss is jailed |date=September 3, 2015 |agency=] |website=] |language=en-US |archive-url=https://web.archive.org/web/20151030223454/https://www.bostonherald.com/news_opinion/national/2015/09/kentucky_clerks_to_license_marriages_as_their_boss_is_jailed |archive-date=October 30, 2015 |access-date=November 8, 2023 |url-status=dead}}</ref> Shortly after the same-sex marriage license controversy, Davis said she and her husband switched from the Democratic Party to the Republican Party.<ref name="ReutersPartySwitch">{{cite news |url=https://www.reuters.com/article/us-usa-gaymarriage-kentucky-idUSKCN0RP20M20150925 |title=Kentucky clerk in gay marriage dispute switches to Republican Party |date=September 23, 2015 |work=] |access-date=September 23, 2015}}</ref>


Davis says she experienced a religious awakening in 2011, following her mother-in-law's dying wish that she attend church.<ref name="NYTfixture" /> Since then Davis has identified herself as a ],<!-- Leave Apostolic without a wikilink, unless a clear source justifies such an edit.--> belonging to the ] movement,<ref>{{cite news |url=http://www.huffingtonpost.com/entry/what-kim-daviss-apostolic-christian-church-is-all-about_us_55f09c7be4b093be51bd6800 |title=What Kim Davis's Apostolic Christian Church Is All About |last=Miller |first=Emily |date=September 9, 2015 |work=] |access-date=June 23, 2016}}</ref> which favors what they describe as a ].<ref>{{cite news |last1=Kaplan |first1=Sarah |last2=Higdon |first2=James |url=https://www.washingtonpost.com/news/morning-mix/wp/2015/09/02/meet-kim-davis-the-ky-clerk-who-defying-the-supreme-court-refuses-to-issue-gay-marriage-licenses/ |title=The defiant Kim Davis, the Ky. clerk who refuses to issue gay marriage licenses |newspaper=] |date=September 2, 2015 |access-date=September 15, 2016}}</ref> She worships three times a week<ref name="Blackford">{{cite news |last=Blackford |first=Linda B. |title=Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses |date=July 20, 2015 |work=] |location=Lexington, Kentucky |url=http://www.kentucky.com/news/politics-government/article44610921.html |access-date=September 1, 2015 |url-status=live |archive-url=https://web.archive.org/web/20160507155445/http://www.kentucky.com/news/politics-government/article44610921.html |archive-date=May 7, 2016}}</ref> at the Solid Rock Apostolic Church near Morehead.<ref name="NYTfixture" /><ref name="Miller Pentecostal">{{cite news |first=Emily McFarlan |last=Miller |title=What's an Apostolic Christian and why is Kim Davis' hair so long? |date=September 9, 2015 |access-date=September 10, 2015 |work=] |url=https://www.usatoday.com/story/news/nation/2015/09/09/splainer-whats-apostolic-christian-and-why-kim-davis-hair-so-long/71947018/}}</ref> 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 Pentecostal tenets regarding ] and modest dress.<ref name="Wolfson" /><ref name="Miller Pentecostal" /> She also held a weekly ] for female inmates at the local jail.<ref name="NYTfixture" /><ref name="Miller Pentecostal" /> In an interview in January 2016, Davis said that she believed that "we are living in ]."<ref name="SmithInterview">{{cite news |last=Smith |first=Samuel |title=Kim Davis Talks End Times, Pope Francis, SOTU and Religious Freedom (Interview) |date=January 12, 2016 |url=http://www.christianpost.com/news/kim-davis-end-times-pope-francis-sotu-state-of-the-union-religious-freedom-gay-marriage-interview-154747/ |work=] |access-date=January 26, 2016}}</ref> Davis also expressed her view that the ].<ref name="SmithInterview"/>
Davis is described as an "Apostolic Christian"<ref name="Higdon"/> who worships three times a week<ref name="Blackford">{{cite news |url= http://www.kentucky.com/2015/07/20/3952541_rowan-clerk-testifies-she-prayed.html|title= Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses |work= ] |date= July 20, 2015 |accessdate= September 1, 2015 |last= Blackford |first= Linda B.}}</ref> at the Solid Rock Apostolic Church near Morehead.<ref name="NYTfixture">{{cite news |url= http://www.nytimes.com/2015/09/02/us/kentucky-clerk-a-local-fixture-suddenly-becomes-a-national-symbol.html|title= Kim Davis, a Local Fixture, and Now a National Symbol |first1= Alan |last1= Blinder |first2= Richard |last2= Fausset |last-author-amp=yes |work= The New York Times |date= September 1, 2015 |accessdate= September 2, 2015}}</ref> It is a congregation in the ], a ] Christian denomination.<ref name="SRAC">{{cite web|title=Solid Rock Apostolic Church|url=http://www.solidrockapostolicchurch.org/|archiveurl=https://web.archive.org/web/20141022002114/http://www.solidrockapostolicchurch.org/|archivedate=October 22, 2014}}</ref><ref name="AC_Directory"> lists an associated "Solid Rock Apostolic Church" near Morehead.</ref> She experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church.<ref name="NYTfixture"/> Davis has held Bible study for inmates of the Rowan County jail.<ref name="NYTfixture"/>


==Popular culture and public response==
Davis has been married four times to three different men.<ref name="CBS-150902"/> 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, who is also her fourth and current husband.<ref name="Nelson">{{cite news |first=Steven |last=Nelson |title=Kentucky Clerk Fighting Gay Marriage Has Wed Four Times |date=September 1, 2015 |accessdate=September 3, 2015 |work=] |url=http://www.usnews.com/news/articles/2015/09/01/kentucky-clerk-fighting-gay-marriage-has-wed-four-times}}</ref>
Davis was the subject of numerous satirical works following the burst of media attention in 2015. Books, social media profiles, and videos were created to satirize her refusal to issue marriage licenses. A ] account which once had more than 90,000 followers and is run by comedian Dave Colan trolled Davis with mocking tweets purporting to be from a woman who "Sits Next to Kim Davis".<ref name="Vultaggio">{{cite news |url=http://www.ibtimes.com/sit-next-kim-davis-parody-twitter-account-takes-pokes-fun-hypocritical-kentucky-clerk-2082763 |title='Sit Next To Kim Davis' Parody Twitter Account Takes Off, Pokes Fun At 'Hypocritical' Kentucky Clerk |work=] |date=September 3, 2015 |access-date=October 2, 2015 |last=Vultaggio |first=Maria}}</ref><ref>{{cite news |last=Lavers |first=Michael K. |title=Calif. man creates Twitter account mocking Kim Davis |url=http://www.washingtonblade.com/2015/09/09/calif-man-creates-twitter-account-mocking-kim-davis/ |work=] |date=September 9, 2015 |access-date=November 15, 2015}}</ref><ref name="DiFurio">{{cite news |url=http://www.dallasnews.com/opinion/opinion/2015/09/30/how-this-kim-davis-parody-account-became-a-force-for-lgbt-rights |title=How this Kim Davis parody account became a force for LGBT rights |work=] |date=September 30, 2015 |access-date=October 2, 2015 |last=DiFurio |first=Dom}}</ref> '']'' made a ] featuring characters from '']'' that spoofs Davis's refusal to issue marriage licenses<ref name="Mullins">{{cite news |url=http://www.eonline.com/news/692377/parks-and-rec-mashup-starring-anti-gay-kentucky-clerk-kim-davis-says-what-everyone-is-thinking |title=Parks and Rec Mashup Starring Anti-Gay Kentucky Clerk Kim Davis Says What Everyone Is Thinking |work=] |date=September 2, 2015 |access-date=October 2, 2015 |last=Mullins |first=Jenna}}</ref><ref name="Ermac">{{cite news |url=http://www.advocate.com/comedy/2015/09/02/watch-funny-or-die-spoofs-kim-davis-clerks-and-recreation |title=Funny or Die Spoofs Kim Davis With Clerks and Recreation |work=] |date=September 2, 2015 |access-date=October 2, 2015 |last=Ermac |first=Raffy}}</ref> and parodies her meeting with Pope Francis.<ref name="Ring">{{cite news |url=http://www.advocate.com/comedy/2015/10/01/watch-funny-or-die-how-kim-davis-met-pope |title=Funny or Die on How Kim Davis Met the Pope |work=] |date=October 2, 2015 |access-date=October 2, 2015 |last=Ring |first=Trudy}}</ref> La Strega Entertainment created a satirical music video sung to the tune of the "]" from ]'s '']''.<ref name="Browning">{{cite news |url=http://www.advocate.com/arts-entertainment/2015/9/29/watch-kim-davis-very-model-modern-fundamentalist |title=Kim Davis Is the Very Model of a Modern Fundamentalist |work=] |date=September 29, 2015 |access-date=October 2, 2015 |last=Browning |first=Bil}}</ref> '']'' cast member ] portrayed Davis during the show's ] premiere.<ref name="out">{{cite news |last=Garner |first=Glenn |url=http://www.out.com/popnography/2015/10/05/icymi-snl-mocks-kim-davis-and-martin-shkreli |title=ICYMI: 'SNL' Mocks Kim Davis and Martin Shkreli |date=October 5, 2015 |work=] |access-date=October 20, 2015}}</ref><ref name="sdgln">{{cite news |last=Rawles |first=Timothy |url=http://sdgln.com/entertainment/2015/10/05/snl-remembers-viral-celebrities-2015-funny-season-opener#sthash.YBrveehC.dpbs |title=SNL remembers the viral celebrities of 2015 in funny season opener |date=October 5, 2015 |work=] |access-date=October 20, 2015}}</ref> Actress ], in the December 2015 issue of '']'', told Jonathan Van Meter that Kim Davis is a "lady that makes me embarrassed to be from Kentucky."<ref>{{cite news |last=Rowley |first=Liz |title=In One Quote, Jennifer Lawrence Sums Up Why She'll Never Be a Republican |url=https://mic.com/articles/128389/in-one-quote-jennifer-lawrence-sums-up-why-she-ll-never-be-a-republican |date=November 12, 2015 |access-date=November 15, 2015 |publisher=]}}</ref><ref>{{cite news |last=Kumar |first=Anugrah |title=Jennifer Lawrence 'Embarrassed to Be From Kentucky' Because of Kim Davis |url=http://www.christianpost.com/news/jennifer-lawrence-christian-clerk-kim-davis-hunger-games-150037/ |access-date=November 15, 2015 |work=]}}</ref><ref>{{cite news |last=Van Meter |first=Jonathan |title=Jennifer Lawrence Is Determined, Hilarious, and—Above All—Real |url=http://www.vogue.com/13368193/jennifer-lawrence-december-2015-cover-hunger-games/ |work=] |date=November 11, 2015 |access-date=November 15, 2015 |archive-date=May 21, 2016 |archive-url=https://web.archive.org/web/20160521061528/http://www.vogue.com/13368193/jennifer-lawrence-december-2015-cover-hunger-games/ |url-status=dead }}</ref>


In 2015, her office claims to have received death threats by phone and email, including an ex-Marine who called saying he would attack them with a machine gun.<ref name=sammons1112/> In response, the sheriff's office took a position near the doorway of the office and Davis changed her driving routes and parking locations. She also had to change her home phone number.<ref name=sammons1112/> She later reflected "It was a very volatile time. The threats were nonstop. The lashing out and the venom spewed toward me was, I mean, I blushed just reading some of the stuff. Just think 'eww' you know. And I've received things in the mail that were ungodly."<ref name=sammons1112/> She stayed off social media and did not watch the news or any of the interviews or "read any of the stuff they wrote about me, which was some nasty stuff."<ref name=sammons1112/>
Joe supports her stance against same-sex marriage.<ref name="Galofaro">{{cite news |url= http://www.usnews.com/news/us/articles/2015/09/02/clerk-in-gay-marriage-fight-once-unlikely-to-wage-moral-war |title= Kentucky Clerk in Gay Marriage Fight Says to Her, It's 'a Heaven or Hell Decision' |work= U.S. News & World Report |first= Claire |last= Galofaro |date= September 2, 2015 |agency= Associated Press}}</ref> 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.<ref name="Defiant">{{cite news|url=http://www.bostonherald.com/news_opinion/national/2015/09/defiant_clerk_may_avoid_jail_as_deputies_agree_to_follow_law |title=Defiant clerk may avoid jail as deputies agree to follow law|date=September 3, 2015|agency=]|work=]}}</ref>


She reflected, "And I just, I knew that no matter what the bad was, that the good definitely just
==Election history==
outweighed it a thousand to one."<ref name=sammons1112> by Robert Sammons, Rowan County Marriage Equality & Religious Liberty Project, Morehead State University Audio & Video History Collection, Fall 2015, pages 11–12 (pages 12–13 of the pdf)</ref>

==Electoral history==
;2014 Democratic primary
{{Election box begin no change|title=2014 Rowan County County Clerk Democratic primary election<ref name="priresults2014">{{cite web |url=http://rowancountyclerk.com/wp-content/uploads/2014/05/2014-rowan-co-primary.pdf |title=Primary Election Rowan County Recapitulation Sheet |date=May 20, 2014 |page=4 |publisher=Rowan County Clerk |access-date=September 3, 2015}}</ref>}}
{{Election box winning candidate with party link no change |
|party = Democratic Party (United States)
|candidate = Kim Davis
|votes = 1,817
|percentage = 46.2%
}}
{{Election box candidate with party link no change |
|party = Democratic Party (United States)
|candidate = Elwood Caudill Jr.
|votes = 1,794
|percentage = 45.6%
}}
{{Election box candidate with party link no change |
|party = Democratic Party (United States)
|candidate = Charlotte Combess
|votes = 322
|percentage = 8.2%
}}
{{Election box end}}


;2014 general election
{{Election box begin no change | title=] County Clerk general election, 2014<ref name="results">{{cite web |url= http://results.enr.clarityelections.com/KY/Rowan/53808/146149/en/summary.html |date= November 4, 2014 |title= 2014 General Election |publisher= Rowan County Clerk |accessdate= September 3, 2015}}</ref>}}
{{Election box begin no change |title=2014 Rowan County County Clerk general election<ref name="genresults2014">{{cite web |url=http://results.enr.clarityelections.com/KY/Rowan/53808/146149/en/summary.html |date=November 4, 2014 |title=2014 General Election |publisher=Rowan County Clerk |access-date=November 4, 2014}}</ref>}}
{{Election box winning candidate with party link no change | {{Election box winning candidate with party link no change |
|party = Democratic Party (United States) |party = Democratic Party (United States)
Line 100: Line 200:
|votes = 3,909 |votes = 3,909
|percentage = 53.2% |percentage = 53.2%


}} }}
{{Election box candidate with party link no change | {{Election box candidate with party link no change |
Line 108: Line 206:
|votes = 3,444 |votes = 3,444
|percentage = 46.8% |percentage = 46.8%
}}
{{Election box hold with party link no swing|
|winner=Democratic Party (United States)
}}
{{Election box end}}


;2018 Republican primary
{{Election box begin no change|title=2018 Rowan County County Clerk Republican primary election<ref name="priresults2018">{{cite web |url=https://eu.courier-journal.com/story/news/politics/2018/05/22/rowan-county-clerk-primary-election-results/635263002/|title=Gay Kentucky man loses bid to challenge Rowan County clerk Kim Davis |year=2018 |work=Courier Journal |access-date=April 6, 2020}}</ref>}}
{{Election box candidate unopposed with party link|
|party = Republican Party (United States)
|candidate = Kim Davis
}} }}
{{Election box end}} {{Election box end}}


;2018 general election
{{Election box begin no change| title=] County Clerk Democratic primary, 2014<ref name="recapitulation">{{cite web |url= http://rowancountyclerk.com/wp-content/uploads/2014/05/2014-rowan-co-primary.pdf |title= Primary Election Rowan County Recapitulation Sheet May 20, 2014 |page= 4 |publisher= Rowan County Clerk |accessdate= September 3, 2015}}</ref>}}
{{Election box begin no change |title=2018 Rowan County County Clerk general election<ref name="genresults2018">{{cite web |url=http://results.enr.clarityelections.com/KY/Rowan/92100/217817/Web01/en/summary.html |date=November 6, 2018 |title=2018 General Election Rowan County, Kentucky State Board of Elections |publisher=Alison Lundergan Grimes, Chair |access-date=November 11, 2018}}</ref>}}
{{Election box winning candidate with party link no change | {{Election box winning candidate with party link no change |
|party = Democratic Party (United States) |party = Democratic Party (United States)
|candidate = Kim Davis |candidate = Elwood Caudill Jr.
|votes = 1,817 |votes = 4,210
|percentage = 46.2% |percentage = 54.14%
}} }}
{{Election box candidate with party link no change | {{Election box candidate with party link no change |
|party = Democratic Party (United States) |party = Republican Party (United States)
|candidate = Elwood Caudill, Jr. |candidate = Kim Davis (Incumbent)
|votes = 1,794 |votes = 3,566
|percentage = 45.6% |percentage = 45.86%
}} }}
{{Election box candidate with party link no change | {{Election box gain with party link no swing|
|party = Democratic Party (United States) |winner = Democratic Party (United States)
|loser = Republican Party (United States)
|candidate = Charlotte Combess
|votes = 322
|percentage = 8.2%
}} }}
{{Election box end}} {{Election box end}}

==See also==
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==References== ==References==

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===Notes===
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===Sources===
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==External links== ==External links==
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Latest revision as of 07:16, 17 November 2024

Former American county clerk For other people named Kim Davis, see Kim Davis (disambiguation).

Kim Davis
Clerk of Rowan County, Kentucky
In office
January 5, 2015 – January 7, 2019
Preceded byJean W. Bailey
Succeeded byElwood Caudill Jr.
Personal details
BornKimberly Jean Bailey
(1965-09-17) September 17, 1965 (age 59)
Morehead, Kentucky, U.S.
Political party
SpouseJoe Davis
Children4
Known forRefusal to comply with a federal court order directing her to issue marriage licenses following Obergefell v. Hodges

Kimberly Jean Davis (née Bailey; born September 17, 1965) is an American former county clerk for Rowan County, Kentucky, who gained international attention in August 2015 when she defied a U.S. federal court order to issue marriage licenses to same-sex couples.

Davis was elected Rowan County Clerk in 2014. The following year, the Supreme Court decided Obergefell v. Hodges, and all county clerks in Kentucky were ordered to issue marriage licenses to same-sex couples. Citing personal religious objections to same-sex marriage, Davis began denying marriage licenses to all couples to avoid issuing them to same-sex couples. A lawsuit, Miller v. Davis, was filed, and Davis was ordered by the U.S. District Court to start issuing marriage licenses. She appealed to the U.S. Supreme Court, but the application to appeal was denied. Davis continued to defy the court order by refusing to issue marriage licenses "under God's authority"; she was ultimately jailed for contempt of court due to her refusal "to not interfere with her deputies issuing marriage licenses for gay couples." Speaking on Davis' behalf, her "attorney said Davis 'would not make any representation' that she would allow marriage licenses to be issued, thus not accepting the compromise that would have led to her release.". Davis was released after five days in jail under the condition that she not interfere with the efforts of her deputy clerks, who had begun issuing marriage licenses to all couples in her absence. Davis then modified the Kentucky marriage licenses used in her office so that they no longer mentioned her name.

Davis's actions drew strong and mixed reactions from prominent politicians, legal experts, and religious leaders. Attorney and author Roberta A. Kaplan described Davis as "the clearest example of someone who wants to use a religious liberty argument to discriminate", while law professor Eugene Volokh maintained that an employer must try to accommodate religious employees' beliefs. Republican presidential candidate Mike Huckabee said that Davis's imprisonment was part of the "criminalization of Christianity", while Washington Post columnist Jennifer Rubin compared Davis's refusal to obey the decision of the U.S. Supreme Court to Alabama Governor George Wallace's "Stand in the Schoolhouse Door" in 1963. A few weeks after her release from jail, Davis met with Pope Francis in Washington, D.C. She was defeated by Democratic challenger Elwood Caudill Jr. in the November 6, 2018, election and vacated the office on January 7, 2019.

Career

Map showing the location of Rowan County, KentuckyMap showing the location of Rowan County, KentuckyRowan Countyclass=notpageimage|   Map showing the location of Morehead, KentuckyMap showing the location of Morehead, KentuckyRowan Countyclass=notpageimage| The county seat of Rowan County, Kentucky is Morehead, Kentucky.

Chief deputy clerk: 1991–2015

Kim Davis was born on September 17, 1965, in Morehead, Kentucky. By 1991, she was serving as chief deputy clerk of Rowan County, Kentucky, reporting to her mother, Rowan County Clerk Jean W. Bailey. Davis's 2011 compensation was $51,812 (equivalent to $70,176 in 2023) in wages with an additional $11,301 (equivalent to $15,307 in 2023) in overtime and other compensation. She earned more than other chief deputies in the county, and some county employees and residents complained to the county's governing body, the Fiscal Court, that the clerk's staff's wages were too high, with total compensation for five employees being about $198,000. The Fiscal Court then voted to cut the 2012 budget for wages from $300,000 to $200,000.

County clerk: 2015–2019

After her mother announced she would not run for re-election in 2014, Davis filed as a Democratic candidate for county clerk. 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.

Davis narrowly won the Democratic primary election, defeating Elwood Caudill Jr., a deputy clerk in the Rowan County property valuation administrator's office, by 23 votes and advancing to the general election against Republican John Cox. Davis won the election, with Cox subsequently alleging that nepotism was to blame for his loss. 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."

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. As clerk in 2015, Davis received an annual salary of $80,000 (equivalent to $102,833 in 2023).

Same-sex marriage license controversy

Background

See also: Obergefell v. Hodges

On June 26, 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges, 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. Fourteen counties in three Southern states continued to deny marriage licenses for same-sex marriage. The Alabama Supreme Court allowed the probate judges of ten counties in Alabama to deny such marriage licenses, 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. Kentucky Governor Steve Beshear ordered all Kentucky county clerks to begin issuing same-sex marriage licenses immediately.

Davis's reaction to same-sex marriage ruling

Davis asks for the video camera to be turned off as she refuses David Ermold and David Moore (pictured) a marriage license. Release of the video ignited national controversy.

Davis contacted Beshear, asking for an executive order to protect clerks who have moral objections against personally issuing such marriage licenses, as Kentucky law requires county clerks to issue marriage licenses in their names. She began turning away gay couples from her county office who were seeking marriage licenses. David Ermold and David Moore, a same-sex couple from Morehead, Kentucky and alumni of Morehead State University, released video footage on July 7, 2015, of Davis refusing to issue them a marriage license and requesting that they turn off their camera. The video went viral overnight.

The Family Foundation of Kentucky, a local political organization, held a protest rally against the ruling at the State Capitol in Frankfort on August 22, 2015, attended by several thousand people. The clerks of the two other Kentucky counties declined to speak to the rally crowd, but Davis spoke briefly, saying, "I need your prayers ... to continue to stand firm in what we believe." At a competing event several blocks away organized by the Fairness Campaign of Louisville, attendees celebrated the Supreme Court's decision and called upon government officials to uphold the law.

Rather than issue marriage licenses to same-sex couples, Davis began denying marriage licenses to all couples.

Lawsuits against Davis

Main article: Miller v. Davis

Six couples who were denied marriage licenses from Davis sued her in her official capacity as county clerk. Four couples were represented by the American Civil Liberties Union (ACLU) of Kentucky and two couples each had separate legal representation. The four couples represented by the ACLU, two same-sex couples and two opposite-sex couples, filed the first lawsuit against Davis (Miller v. Davis) on July 2, 2015. On July 10, 2015, David Ermold and David Moore (who had shot the viral video) next filed suit against Davis, represented by Joseph Buckles and Thomas Szczygielski (Ermold v. Davis); James Yates and William Smith Jr., represented by Rene Heinrich of the Heinrich Firm PLLC and Kash Stilz of Roush & Stilz PSC, filed a suit against Davis on August 25, 2015 (Yates v. Davis).

Federal district judge David L. Bunning of the United States District Court for the Eastern District of Kentucky, the judge assigned to the cases, held hearings with Davis in Ashland, at which she was the only witness. Davis 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." 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." Governor Beshear stated that he would not call a special session of the General Assembly to address Davis's concerns, while other state legislators believed that such a session could accommodate Davis with possible new legislation. Davis's attorneys, from the Maitland, Florida-based law firm Liberty Counsel, 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 desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs." 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.

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

Appeal

Main article: Miller v. Davis § Appeal

Liberty Counsel and Davis filed an emergency application to appeal with the U.S. Supreme Court. On August 31, 2015, in a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from legally continuing to deny marriage licenses. 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.

Davis continued to defy Bunning's court order after the Supreme Court's refusal. The following morning, several couples sought to obtain marriage licenses, but Davis turned them away, saying she was acting "under God's authority". Some in the media questioned whether Davis, having been married four times and only recently converted, was acting hypocritically in the application of her beliefs.

Contempt of court and jailing

Main article: Miller v. Davis#Contempt of court

Judge Bunning ordered Davis and her six deputy clerks to appear before him on September 3 after the six couples sought to have her held in contempt of court. Bunning ruled in the plaintiffs' favor and held Davis in contempt. The ACLU asked the court to fine Davis, but Bunning ordered her remanded in custody after the hearing. The judge said Davis would remain there until she complied with the court's order to issue marriage licenses. Bunning then spoke with each of the deputy clerks who reported to Davis. Only her son, Nathan Davis, told the judge he refused to comply with the court's order to start issuing marriage licenses; Bunning declined to hold him in contempt. After the hearing, U.S. Marshals transported Davis to the Carter County Detention Center in Grayson.

On Friday, September 4, the first day her office was open during her incarceration, Davis's deputy clerks began issuing marriage licenses to all couples. James Yates and William Smith Jr. (independently suing Davis) were the first couple in Rowan County to receive a marriage license since Obergefell. They were soon followed by other couples who were plaintiffs against Davis.

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. Separately, Davis asked Governor Beshear to free her. The governor's office said that the conflict was a "matter between her and the courts"; Beshear added that he lacked the legal authority to either remove Davis from office or to relieve Davis of her statutory duties. Rowan County Democratic Judge-Executive Walter Blevins stated that he did not believe he would need to appoint a replacement for Davis, and that he believed the Attorney General of Kentucky and "the General Assembly will pass something where marriage licenses don't have anyone's name on them".

Release and return to work

Main article: Miller v. Davis § Release from custody

Five days later, on Tuesday, September 8, Bunning ordered Davis released from jail. The order stated: "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."

Bunning's order also stated that Davis's deputy clerks must continue to comply with his earlier order to issue marriage licenses and to submit status reports to him every fourteen days confirming their compliance. The deputy clerks released statements pledging to continue issuing licenses after Davis's release and to ignore any order from her to do otherwise, complying with the federal judge's order. Licenses issued since Davis's refusal state that they are authorized by "the office of the Rowan County Clerk" but no longer bear her name. Davis's supporters, gathered at the Rowan County Courthouse since her first day in custody, said that her deputies were unlawfully issuing licenses and should resign or be fired.

Davis returned to work a week later, on September 14, 2015. She 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. She created several altered versions of the Kentucky marriage license form and instructed her deputy clerks to use them, which had her name and reference to the clerk's office removed. The ACLU sued Davis separately for these form alterations, which they found to be of questionable legality. Governor Steve Beshear was asked by 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 by which the marriage licenses were altered. Bunning ultimately denied the ACLU's separate suit, stating the altered forms were likely legal and that Davis was now abiding by the court's order.

While Davis remained inside her personal office, same-sex couples successfully walked out of the Rowan County clerk's office with their marriage licenses. 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."

Reactions to controversy

Government officials are free to disagree with the law, but not disobey it.

Kerry B. Harvey, United States Attorney for the Eastern District of Kentucky

Davis gained international attention after her refusal to issue marriage licenses and the ensuing controversy her actions caused. Many legal experts asserted that Davis had no standing under the law to refuse to issue the licenses. Columbia Law School professor Katherine Franke 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." Professor Stephen 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". Washington Post columnist Jennifer Rubin and others compared Davis's refusal to follow orders of the U.S. Supreme Court to Alabama Governor George Wallace's futile "Stand in the Schoolhouse Door" protest of desegregation in 1963. 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." Attorney and author Roberta A. 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."

Opposition to the federal ruling came from political columnists William McGurn of The Wall Street Journal and Ray Nothstine of The Christian Post. Law professor Eugene Volokh suggested that the Kentucky's state religious freedom restoration act might compel the state to accommodate Davis's religious beliefs and argued that state courts have the authority to order the removal of Davis's name from marriage licenses. Kentucky Senate President Robert Stivers also came to Davis's defense; he stated, in an amicus brief filed in federal court, that the "Supreme Court ruling has completely obliterated the definition of marriage". Liberty Counsel, the law firm defending Davis, stated, "Kim Davis is being treated as a criminal because she cannot violate her conscience", stating also that she refused to accept a proposed compromise where she would no longer be found in contempt if she agreed not to interfere with her deputies issuing licenses to same-sex couples.

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." Governor Beshear said the judge's decision "speaks for itself", while his attorneys called the legal arguments in her suit against him "absurd". Democratic presidential candidate Hillary Clinton said, "Officials should be held to their duty to uphold the law – end of story." 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." 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. Republican presidential candidates Carly Fiorina and Senator Lindsey Graham of South Carolina both suggested that Davis should comply with the court order or resign.

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. Senator Ted Cruz of Texas, another Republican presidential candidate, said that Davis was a victim of "judicial tyranny" and attended the same rally. Louisiana Governor Bobby Jindal and Senator Rand Paul of Kentucky, also presidential candidates, both voiced their support for Davis. Matt Bevin, the Republican nominee for Kentucky governor in the 2015 election, said a simple solution to Davis's plight is for the government to stop providing marriage contracts.

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. 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.

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 several 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 said, "I completely disagree with the authority the Supreme Court has." Probate Judge John Enslen of Elmore County, Alabama, said the federal government, not state probate offices, should be the entity issuing same-sex marriage licenses. 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. Kay Schwartz, a clerk in Whitley County, Kentucky, felt oppressed: "There's a law against bullying ... Why take away the majority's right to give the minority their rights?" She suggested the possibility of other options to meet the needs of same-sex applicants, such as an online service. The ACLU has no plans for legal action against other court clerks or probate judges. 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."

Decisions and issues

You asked why I couldn't issue you a marriage license, and I'm explaining to you, I'm showing you why I cannot. They didn't want to hear that, though. They wanted to shove that paper down my throat and make me eat it for my dinner.

—Kim Davis, May 2016

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); however, the statute doesn't include county clerks. USA Today writer Andrew Wolfson blamed "some reason lost to history" for the omission. Because Davis is an elected official, she cannot simply be fired. For Davis to have been removed from the office of county clerk, impeachment proceedings would have had to have been initiated by the Kentucky House of Representatives and charges for impeachment brought to the Kentucky Senate.

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. 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. The Rowan County Attorney's Office is prohibited from prosecuting Davis; Rowan County Attorney Cecil Watkins referred the official misconduct complaint to the Kentucky Attorney General's office, led by Attorney General Jack Conway. The Kentucky Attorney General's office conducted a review, and Conway issued a statement saying, "We are a nation of laws, and no one can defy an order from a federal judge." Conway then issued a one-sentence statement saying that he would not appoint a special prosecutor to investigate Davis.

Months after Davis's office began issuing same-sex marriage licenses, Davis's lawyers filed a motion asking the United States Court of Appeals for the Sixth Circuit to overturn four of Judge Bunning's decisions, calling them a "rush to judgment" 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". The court denied the motion on November 5. Davis's lawyers filed their last appeal the next day, 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's office was initially ordered to issue licenses. 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. This final appeal was denied two days later by the court.

In March 2016, the Campaign for Accountability (CfA), a Washington, D.C.-based nonprofit group, made a request to Davis for access to public records under the Kentucky Open Records Act, seeking copies of retainer agreements and lawyer-client engagement agreements between Davis and her attorneys at Liberty Counsel. Liberty Counsel, which responded to the request on Davis's behalf, refused to comply, arguing that the documents were preliminary and private records are not subject to the Act. CfA appealed to the Office of the Kentucky Attorney General, which under Kentucky law has the authority to make binding rulings on the Open Records Act, and resubmitted its request to Davis's office in April 2016. The Attorney General's Office sought to privately review the records at issue to determine if an exemption applied, but Liberty Counsel refused to make most of the documents available for a private review. In an opinion issued on June 30, 2016, the Attorney General's Office determined that Davis had violated the Open Records Act, saying that her conduct had the effect of "intentionally frustrating the attorney general's review of an open records request" which "would subvert the General Assembly's intent behind providing review by the attorney general."

One of the first acts of newly elected Kentucky Governor Matt Bevin was an executive order to remove clerks' names from the state marriage licenses. Bevin expressed his hope on November 6, 2015, that the executive order will protect the religious beliefs of officials who are opposed to gay marriage. Kim Davis and her attorneys at Liberty Counsel immediately requested that the court dismiss her appeals, because the new regulation provides a religious accommodation for her and makes the case moot. Bunning agreed, dismissing the three lawsuits filed against her, saying the new governor's order to use a license form that does not require the county clerk's signature has removed the controversy before the court. One of the plaintiff couples who were denied marriage licenses from Davis contacted Bunning, requesting they be allowed to recoup $230,000 in legal fees. Davis's attorneys asserted that their legislative victory resolves the matter; the couples did not prevail against Davis, therefore they are not entitled to demand that Davis reimburse their legal fees. Separately, Rowan County filed a response contending that the county government should never have to pay for the actions of a single county clerk. Then, by May 2017, a Cincinnati federal appeals court found that Bunning had erred in finding that damages claims by plaintiff couple David Ermold and David Moore became moot, saying, "The district court's characterization of this case as simply contesting the 'no marriage licenses' policy is inaccurate, because Ermold and Moore did not seek an injunction—they sought only damages"; observing that the record does not prevent damages claims. The three-judge panel granted leave for the couple to sue for damages over one marriage license. Their case was sent back to Bunning, where he stated that the state of Kentucky was obligated to pay $222,000 in legal fees. The ACLU itself sued Davis to recover $233,000 in legal fees, but the motion was denied; the organization was not a "prevailing party" in the legal action.

In July 2017, Davis was again sued for failing to issue a marriage license. The plaintiff, Mark Sevier, Vanderbilt University Law School graduate, was denied a license to marry a laptop computer. A similar Florida lawsuit was dismissed in May.

By February 2019, Governor Bevin formally rejected the idea of Kentucky bearing the $222,000 financial responsibility, insisting the amount should be paid by Kim Davis alone. "Only Davis refused to comply with the law" Bevin stated through his attorneys, insisting taxpayers "should not have to collectively bear the financial responsibility for Davis's intransigence." However, Bunning issued a preliminary injunction ordering the state of Kentucky to pay her legal fees, writing that "Davis represented the Commonwealth of Kentucky when she refused to issue marriage licenses to legally eligible couples. The buck stops there." Local reporting acknowledged that Bevin had previously backed her refusal to issue marriage licenses to same-sex couples. On August 23, 2019, the U.S. 6th Circuit Court of Appeals in Cincinnati upheld Bunning's decision ordering Kentucky to pay the $225,000 legal bill from the Kim Davis case.

Bunning ruled on March 18, 2022, that Davis violated the constitutional rights in both the Miller and Ermold cases, in light of the Supreme Court's Obergefell decision, stating that she "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official." The decision allowed the plaintiffs in Miller and Ermold to continue to seek legal fees and potentially other damages from Davis through a jury trial.

On September 13, 2023, a jury ordered Davis to pay Ermold and Moore $100,000 in damages. On December 28, to what Davis must pay, Bunning added $246,026.40 in attorneys’ fees and $14,058.30 in attorneys' expenses. The Liberty Counsel, which represents Davis, has stated they will file a motion to reverse the jury's verdict and overturn Bunning's decision.

Meeting with Pope Francis

Pope Francis visited the U.S. in September 2015.

Within a few weeks of Davis's release from jail, Davis announced she and her husband had met with Pope Francis on September 24, 2015, at the Apostolic Nunciature to the United States in Washington, D.C., during the Pope's U.S. visit in September 2015. According to Davis and her lawyer, the pope told Davis to "stay strong" and gave her two rosaries. Vaticanist John L. Allen Jr. said that "there's no way to view the encounter other than as a broad gesture of support by the pope for conscientious objection from gay marriage laws" and that the gesture strengthened the hand of those who defend religious freedom.

Two days later, the Holy See 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". According to Vatican spokesman Father Thomas Rosica, the Pope met with several dozen other people, and rosaries were also given to others in attendance; Davis was not invited by the Pope to the Nunciature, and "the meeting may have been manipulated by her and her lawyer". 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. Observers speculated whether the Pope had not been informed of Davis's controversy or if the Vatican had underestimated the media impact that such a meeting would cause.

On September 27, 2015, a reporter asked Pope Francis if he supported individuals, including government officials, who have a contentious objection to certain duties such as issuing marriage licenses to same-sex couples. He responded:

"I can’t have in mind all cases that can exist about conscience objection but yes, I can say conscientious objection is a right that is a part of every human right ...If a person does not allow others to be a conscientious objector, he denies a right. ... Conscientious objection must enter into every judicial structure ... Otherwise we would end up in a situation where we select what is a right, saying 'this right that has merit, this one does not.'"

Reelection campaign

Davis announced that she would run for reelection in 2018 as a Republican. Davis did not face any challengers in the Republican primary. Four Democrats ran in the May 2018 primary with the winner being Rowan County Assistant Property Valuation Administrator Elwood Caudill Jr., whom Davis narrowly defeated in the Democratic primary in 2014. One of the Democrats Caudill defeated was David Ermold, who had been denied a marriage license by Davis and then filed suit against her. Davis lost her reelection campaign on November 6, 2018, when she was defeated by Caudill in the general election by a little over 8 percentage points.

Personal life

Davis has been married four times to three husbands. The first three marriages ended in divorce in 1994, 2006, and 2008. Davis has two daughters from her first marriage and twins, a son and another daughter, who were born five months after her divorce from her first husband. Her third husband is the biological father of the twins, the children being conceived while Davis was still married to her first husband. The twins were adopted by Davis's current husband, Joe Davis, who was also her second husband; the couple initially divorced in 2006 but later remarried. Joe Davis has also stated his support for her stance against same-sex marriage. Davis's son Nathan works in her office as a deputy clerk and has taken the same position of denying marriage licenses to same-sex couples. Shortly after the same-sex marriage license controversy, Davis said she and her husband switched from the Democratic Party to the Republican Party.

Davis says she experienced a religious awakening in 2011, following her mother-in-law's dying wish that she attend church. Since then Davis has identified herself as a Christian, belonging to the Apostolic Pentecostal movement, which favors what they describe as a literal interpretation of the Bible. She worships three times a week at the Solid Rock Apostolic Church near Morehead. 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 Pentecostal tenets regarding outward holiness and modest dress. She also held a weekly Bible study for female inmates at the local jail. In an interview in January 2016, Davis said that she believed that "we are living in end times." Davis also expressed her view that the Bible is infallible.

Popular culture and public response

Davis was the subject of numerous satirical works following the burst of media attention in 2015. Books, social media profiles, and videos were created to satirize her refusal to issue marriage licenses. A Twitter account which once had more than 90,000 followers and is run by comedian Dave Colan trolled Davis with mocking tweets purporting to be from a woman who "Sits Next to Kim Davis". Funny or Die made a Mashup video featuring characters from Parks and Recreation that spoofs Davis's refusal to issue marriage licenses and parodies her meeting with Pope Francis. La Strega Entertainment created a satirical music video sung to the tune of the "Major-General's Song" from Gilbert and Sullivan's Pirates of Penzance. Saturday Night Live cast member Aidy Bryant portrayed Davis during the show's season 41 premiere. Actress Jennifer Lawrence, in the December 2015 issue of Vogue, told Jonathan Van Meter that Kim Davis is a "lady that makes me embarrassed to be from Kentucky."

In 2015, her office claims to have received death threats by phone and email, including an ex-Marine who called saying he would attack them with a machine gun. In response, the sheriff's office took a position near the doorway of the office and Davis changed her driving routes and parking locations. She also had to change her home phone number. She later reflected "It was a very volatile time. The threats were nonstop. The lashing out and the venom spewed toward me was, I mean, I blushed just reading some of the stuff. Just think 'eww' you know. And I've received things in the mail that were ungodly." She stayed off social media and did not watch the news or any of the interviews or "read any of the stuff they wrote about me, which was some nasty stuff."

She reflected, "And I just, I knew that no matter what the bad was, that the good definitely just outweighed it a thousand to one."

Electoral history

2014 Democratic primary
2014 Rowan County County Clerk Democratic primary election
Party Candidate Votes %
Democratic Kim Davis 1,817 46.2%
Democratic Elwood Caudill Jr. 1,794 45.6%
Democratic Charlotte Combess 322 8.2%
2014 general election
2014 Rowan County County Clerk general election
Party Candidate Votes %
Democratic Kim Davis 3,909 53.2%
Republican John C. Cox 3,444 46.8%
Democratic hold
2018 Republican primary
2018 Rowan County County Clerk Republican primary election
Party Candidate Votes %
Republican Kim Davis Unopposed
2018 general election
2018 Rowan County County Clerk general election
Party Candidate Votes %
Democratic Elwood Caudill Jr. 4,210 54.14%
Republican Kim Davis (Incumbent) 3,566 45.86%
Democratic gain from Republican

See also

References

Notes

  1. Chief Deputy Sheriff Joe Cline received $38,000 annually and Deputy Judge-Executive Jerry Alderman $36,000 annually; neither received overtime pay.
  2. 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.
  3. After Davis's release from jail, the Oath Keepers—an armed right-wing militia group—offered to provide a "security detail" to Davis to help prevent U.S. Marshals from re-arresting her for contempt. Davis declined the offer.
  4. The form alterations that the ACLU objected to were: 1. The phrase "in the office of" is struck. 2. The phrase "county clerk" is struck. 3. In place of her name, the form now says "Pursuant to Federal Court Order #15-CV-44 DLB". 4. In place of the title "deputy clerk", required on the form, it now reads "notary public".

Sources

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