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Kim Davis, the Kentucky clerk at the center of a battle over issuing same-sex marriage licenses, will appear in court Thursday morning, facing possible contempt charges.
Earlier this week, the ACLU of Kentucky filed a motion on behalf of April Miller and Karen Roberts, who were denied a marriage license on Tuesday morning, to hold Davis in contempt. Davis refused to issue same sex-marriage licenses even though a federal judge ordered to Rowan County clerk to do so in August. Davis' request to stay federal District judge David Bunning’s original order was rejected by an appeals court and by the Supreme Court.
Following the Supreme Court's refusal to intervene in the case, Davis continued to deny same-sex couples marriage licenses "under God's authority."
Crowds gathered outside the courthouse Thursday morning, with Davis' supporters outnumbering marriage equality advocates.
Outside the courthouse a Davis supporter used a loudspeaker to say, "You are homo terrorists. You are rapists. Jesus Christ is the way."
Same-sex marriage supporters were also outside the courthouse by 9 a.m., two hours before the hearing is scheduled to begin.
On Wednesday, Davis’ lawyers filed a motion in federal court arguing that holding her in contempt for refusing to issue same-sex marriage licenses would violate her right to due process and religious freedom.
According to Wednesday’s brief, Davis could not comply with the judge’s order “because it irreparably and irreversibly violates her conscience by directing her to authorize and issue [same-sex marriage] licenses bearing her name and approval.”
Many supporters of marriage equality have called for Davis’ firing, but as an elected official herself, she cannot be fired. Without her backing down or resigning or waiting out her term, other options are limited. The couples that have sued Davis are asking for her to be held in contempt and be fined. They are not seeking jail time.
“Plaintiffs do not seek to compel Davis’ compliance through incarceration,” lawyers for the plaintiffs wrote in a court filing on Tuesday. “Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform, Plaintiffs urge the Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis’ immediate compliance without further delay.”
Heather Weaver, a senior ACLU staffer, told BuzzFeed News that “no one wants Davis to go to jail.”
Weaver said, “We just want her to do her job and follow the court’s order.” She said that asking for a “substantial fee” to be imposed on her would “induce her” to that that.
LINK: Kentucky Clerk Files Brief Arguing She Should Not Be Held In Contempt Of Court
LINK: Few Options To Remove Kentucky Clerk From Office
LINK: Kentucky Clerk Continues To Deny Same-Sex Marriage Licenses
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