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Kimberly Jean Bailey Davis (born September 17, 1965) is a Rowan County, Kentucky, clerk who defied a U.S. Federal Court order requiring that she issue marriage licenses to same-sex couples following the Obergefell v. Hodges U.S. Supreme Court case that legalized same-sex marriage in the United States.

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, Davis continued to deny the licenses, saying she was acting "under God's authority". On September 3, 2015, she was jailed for contempt of court. 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, while Rowan County Attorney Cecil Watkins dismissed her argument. Attorney General of Kentucky Jack Conway is currently considering whether a special prosecutor should pursue potential charges of official misconduct against her.

Career

Deputy clerk

Davis served as Rowan County chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years. Kentucky law permits elected county officials to employ their family members and to determine their compensation; it is common practice in the state.

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. 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. 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.

2014 election

In 2014, Bailey chose not to run for re-election. Davis then ran for county clerk as a Democrat.

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. 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. Candidate Charlotte Combess said she was qualified for the position because of her experience budgeting for her two businesses and her work for Morehead State University's financial aid and admissions offices.

Davis won the Democratic Party primary, and advanced to the general election against Republican John Cox. She defeated Cox in the general election. 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."

On January 5, 2015, she took the oath of office and began serving her four-year term (ends January 7, 2019) as the Rowan County clerk. As county clerk, she receives an annual salary of $80,000.

Same-sex marriage ruling

On June 26, 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges, 576 U.S. ___ (2015), holding in a 5–4 decision 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 United States Constitution.

Following the ruling, eighteen counties in three states–Alabama, Kentucky, and Texas–continued to deny licenses to same-sex couples. Eleven in Alabama, as well as Rowan County, Kentucky, stopped issuing marriage licenses altogether rather than issue them to same-sex couples.

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."

In August 2015, Davis refused to follow a court order requiring her to issue marriage licenses to same-sex couples. She refused on the grounds of religious freedom, stating that she was acting "under God's authority". Some sources have questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".

First-degree official misconduct is a misdemeanor according to the Kentucky penal code. 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." If convicted, a public official may be sentenced to up to a year in jail and a $500 fine.

Federal district judge David Bunning of the United States District Court for the Eastern District of Kentucky ruled she must issue marriage licenses to all applicants, and both that court and the Sixth Circuit Court of Appeals 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.

Contempt hearing

Bunning ordered Davis and her six deputy clerks to appear before him on September 3 in Ashland after two gay couples and two straight couples sought to have her held in contempt of court. The four couples and the American Civil Liberties Union (ACLU) asked the court to fine Davis rather than incarcerate her. 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. Bunning reportedly said that fines were not an option "because outsiders would pay them for her." 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. After the hearing, Davis was transported by the U.S. Marshals to the Carter County Detention Center in Grayson.

Davis is represented by attorneys from the law firm Liberty Counsel. On August 31, in response to the U.S. Supreme Court's refusal to grant her stay request, she said:

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.

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."

On September 3, the Anti-Defamation League commented:

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.

Washington Post columnist Jennifer Rubin and others have compared Davis' refusal to follow court orders to Alabama Governor George Wallace's 1963 segregationist Stand in the Schoolhouse Door incident.

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.

Official misconduct

The Rowan County Attorney's Office said it has referred to the Attorney General of Kentucky Jack Conway's office a charge of official misconduct against Davis. The decision of whether to file charges is up to the state's attorney general.

According to Kentucky Revised Statute 522.020,

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.

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. 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.

The Kentucky attorney general may appoint a special prosecutor to investigate whether she violated the state official misconduct statute when her office refused to issue a license to a Rowan County gay couple. "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." "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.

Personal life

Davis is described as an "Apostolic Christian" who worships three times a week at the Solid Rock Apostolic Church near Morehead. It is a congregation in the Apostolic Church, a Pentecostal Christian denomination. She experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church. Davis has held Bible study for inmates of the Rowan County jail.

Davis has been married four times to three different men. 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.

Joe supports her stance against same-sex marriage. 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.

Election history

References

1. ^ Menville, Shayla (November 7, 2014). "Davis following her mother as county clerk". Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
2. ^ Mack, David. "Meet Kim Davis, The Woman Denying Same-Sex Couples Marriage Licenses in Kentucky". BuzzFeed. Retrieved September 5, 2015. Cite error: The named reference "Mack" was defined multiple times with different content (see the help page).
3. ^ "Clerk in Ky. marriage fight has turbulent marital history". CBS News. September 2, 2015. Retrieved September 3, 2015.
4. ^ Cheves, John (September 2, 2015). "Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses?". Lexington Herald-Leader. Retrieved September 4, 2015.
5. ^ Blinder, Alan; Perez-Pena, Richard (September 1, 2015). "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court". The New York Times. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help) Cite error: The named reference "Blinder" was defined multiple times with different content (see the help page).
6. Bobic, Igor (September 1, 2015). "Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange". The Huffington Post. Retrieved September 1, 2015.
7. ^ Higdon, James; Larimer, Sarah; Somashekhar, Sandhya; Izadi, Elahe (September 1, 2015). "Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses". The Washington Post. Retrieved September 6, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
8. ^ Wynn, Mike; Wolfson, Andrew (September 1, 2015). "Gay Couples Ask judge to Hold Clerk in Contempt". USA Today. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
9. de Vogue, Ariane; Diamond, Jeremy (September 1, 2015). "ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses". CNN. Retrieved September 1, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
10. ^ Graham, Alexandria (September 3, 2015). "Court adjourned: Kim Davis jailed for contempt of court". ABC News. Retrieved September 3, 2015. Cite error: The named reference "Graham" was defined multiple times with different content (see the help page).
11. ^ Ortiz, Erik (September 3, 2015). "Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt". NBC News. Retrieved September 3, 2015.
12. "Ky. clerk's attorney: New marriage licenses 'not worth the paper they're written on'". The Washington Post. September 4, 2015. Retrieved September 5, 2015.
13. Cheves, John (September 4, 2015). "Same-sex couples issued marriage licenses in Rowan County; jailed clerk claims licenses are void". Lexington Herald-Leader. Retrieved September 6, 2015.
14. ^ Wolfson, Andrew; Wynn, Mike (August 31, 2015). "Rowan clerk Kim Davis loses Supreme Court fight". The Courier-Journal. Retrieved September 6, 2015.
15. ^ Kappes, Keith (December 27, 2011). "County clerk's office budget reduced first time". Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
16. ^ "Blevins wins judge-executive nomination". Morehead News. Morehead, Kentucky. May 20, 2014. Retrieved September 6, 2015.
17. ^ Stacy, Brad (April 25, 2014). "Primary candidates featured at forum". Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
18. ^ Menville, Shayla (October 17, 2014). "County clerk's race more contested than usual". Morehead News. Morehead, Kentucky. Retrieved September 6, 2015.
19. "Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order". Fox News Channel. Associated Press. August 13, 2015. Retrieved September 1, 2015.
20. "Kentucky Constitution, Section 99". Kentucky Legislature. Retrieved September 4, 2015. 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 ...
21. Cheves, John (September 3, 2015). "Judge jails Rowan clerk for contempt; 5 deputies pledge to issue marriage licenses Friday morning". Lexington Herald-Leader. Retrieved September 4, 2015.
22. Obergefell v. Hodges, 576 US ___, *22 (June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
23. Denniston, Lyle (June 26, 2015). "Opinion Analysis: Marriage Now Open to Same-Sex Couples". SCOTUSblog. Retrieved July 2, 2015.
24. Chamberland, Michele (August 22, 2015). "Thousands Rally for Clerks Denying Gay Marriage Licenses". Lexington, KY: WKYT-TV. Retrieved August 31, 2015.
25. "Local Government Responses to Obergefell v. Hodges". Ballotpedia. August 21, 2015. Retrieved August 31, 2015.
26. ^ Kaufman, Scott (September 3, 2015), "Kim Davis goes to jail! Judge orders Kentucky county clerk detained for refusing to issue gay-marriage licenses", Salon, retrieved September 4, 2015
27. Felton, Ryan (September 2, 2015). "Kentucky clerk denying licenses to gay couples has married four times". The Guardian. Retrieved September 3, 2015.
28. Arana, Gabriel (September 2, 2015). "Dan Savage: Thrice-Divorced Kim Davis Is A 'Hypocrite,' Just 'Waiting To Cash In'". The Huffington Post. Retrieved September 3, 2015.
29. ^ Galofaro, Claire (September 2, 2015). "Kentucky Clerk in Gay Marriage Fight Says to Her, It's 'a Heaven or Hell Decision'". U.S. News & World Report. Associated Press.
30. ^ Nelson, Steven (September 1, 2015). "Kentucky Clerk Fighting Gay Marriage Has Wed Four Times". U.S. News & World Report. Retrieved September 3, 2015.
31. "Defiant Kentucky county clerk to learn fate soon". CBS News. September 3, 2015. Retrieved September 3, 2015.
32. Mike Wynn; Chris Kenning (September 4, 2015). "Ky. clerk's office will issue marriage licenses Friday – without the clerk". USA Today. The (Louisville, Ky.) Courier-Journal. Retrieved September 4, 2015.
33. Oh, Inae (September 3, 2015). "Kentucky Clerk Kim Davis Headed to Court Over Refusal to Issue Gay Marriage Licenses". Mother Jones. Retrieved September 3, 2015.
34. WSAZ News Staff; Dan Griffin; The Associated Press; Andrew Colegrove. "Hundreds Attend Rally for Kim Davis at Carter County Detention Center". WSAZ-TV.{{cite news}}: CS1 maint: multiple names: authors list (link)
35. Stern, Mark Joseph (August 31, 2015), "Is Kentucky's Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?", Slate, retrieved September 3, 2015
36. "Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages". Southern Poverty Law Center. February 9, 2015. Retrieved September 3, 2015. Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.
37. Liberty Counsel (September 1, 2015), Statement of Kentucky Clerk Kim Davis, Liberty Counsel, retrieved September 3, 2015
38. de Vogue, Ariane (September 2, 2015), Kentucky clerk who won't issue marriage licenses divorced three times, CNN, retrieved September 3, 2015
39. "Public Officials: If Your Religion Prevents You From Doing Your Job, Step Aside". Anti-Defamation League. September 3, 2015. Retrieved September 3, 2015.
40. Rubin, Jennifer (September 4, 2015). "Trashing the rule of law". The Washington Post. Retrieved September 4, 2015.
41. Blinder, Alan and Lewin, Tamar (September 3, 2015). "Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage". The New York Times. Retrieved September 4, 2015.{{cite news}}: CS1 maint: multiple names: authors list (link)
42. Thornton, Hillary. "'Official misconduct charge' against Rowan County Clerk Kim Davis referred to attorney general". wkyt.com.
43. "Rowan County Atty's Office Refers Charge of Official Misconduct". WLEX-TV. August 28, 2015. Retrieved August 28, 2015.
44. "Kentucky Legislature: Kentucky Revised Statutes" (PDF). Kentucky legislature. Retrieved September 6, 2015.
45. "Misconduct charge against Davis referred to AG". Richmond Register.
46. Sanburn, Josh (September 1, 2015). "What's Next for the Kentucky Clerk Who Won't Issue Gay Marriage Licenses?". Time. Retrieved September 1, 2015.
47. Conway, Jack (September 3, 2015). "Statement from Attorney General Conway". Kentucky.gov, Office of the Attorney General. The State of Kentucky. Retrieved September 6, 2015.
48. Blackford, Linda B. (July 20, 2015). "Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses". Lexington Herald-Leader. Retrieved September 1, 2015.
49. ^ Blinder, Alan; Fausset, Richard (September 1, 2015). "Kim Davis, a Local Fixture, and Now a National Symbol". The New York Times. Retrieved September 2, 2015. {{cite news}}: Unknown parameter |last-author-amp= ignored (|name-list-style= suggested) (help)
50. "Solid Rock Apostolic Church". Archived from the original on October 22, 2014.
51. "Worldwide Directory of Apostolic Pentecostal Churches & Ministries" lists an associated "Solid Rock Apostolic Church" near Morehead.
52. "Defiant clerk may avoid jail as deputies agree to follow law". Boston Herald. Associated Press. September 3, 2015.
53. "2014 General Election". Rowan County Clerk. November 4, 2014. Retrieved September 3, 2015.
54. "Primary Election Rowan County Recapitulation Sheet May 20, 2014" (PDF). Rowan County Clerk. p. 4. Retrieved September 3, 2015.

External links

• Written statement from Kim Davis
• Video documenting Kim Davis' refusal to issue a marriage license "under God's authority"
• Rowan County Clerk's Office website

• 1965 births
• Living people
• 2015 in LGBT history
• American Pentecostals
• County clerks in Kentucky
• Democratic Party (United States) politicians
• Kentucky Democrats
• LGBT in Kentucky
• People from Morehead, Kentucky
• Opposition to same-sex marriage
• Prisoners and detainees of the United States federal government
• Same-sex marriage in the United States
• Women in Kentucky politics