Sept. 04--REPORTING FROM MOREHEAD, Ky. -- Once again, it was possible to get a marriage license in Rowan County where a defiant clerk, citing her religious beliefs, remained in a Kentucky jail for refusing to comply with a court order that would have allowed same-sex unions.
Amid conflicting shouts of "Love Won" from supporters and angry denunciations from others holding signs citing the biblical cities of Sodom and Gomorrah, three gay couples received marriage licenses from a deputy clerk on Friday. Meanwhile, elected County Clerk Kim Davis remained in jail for refusing to issue marriage licenses to anyone since the U.S. Supreme Court said in June that same-sex couples nationwide had a constitutional right to marry.
Mathew Staver, head of the Liberty Counsel, which represents Davis, said the clerk and her lawyers will continue to fight the issue while seeking a way to get her released.
"I am here in the jail now and will talk with her this afternoon to discuss the next steps," Staver said in an email to the Los Angeles Times. "We will challenge Judge Bunning's ruling and we will press for religious liberty accommodations."
Davis was jailed on a contempt charge in connection with violation of a ruling by U.S. District Judge David Bunning that the office resume issuing licenses. Davis refused and also rejected an offer to avoid jail by not interfering with her employees who agreed to issue the documents.
Citing "God's authority," Davis refused to have her name on the licenses or to sign the marriage licenses. She halted all licenses, but her religious objection is limited to same-sex couples. A series of lawsuits followed that went to the U.S. Supreme Court, which ruled against Davis this week.
That set the stage for a contempt hearing. Neither Davis' lawyers nor the attorneys for the couples seeking marriage licenses had expected Davis to be jailed. But Bunning on Thursday came down hard on the clerk for violating his order. Bunning indicated in court on Thursday that Davis could remain in jail at least a week, saying he would revisit his decision after the deputy clerks have had time to comply with his order.
"He was very strong in his statements in the courtroom," said Carl Tobias, a law professor at the University of Richmond School of Law who follows same-sex marriage issues. Davis could seek to appeal to a higher court, but courts tend to support tough actions against those who flout judicial orders, he said.
Davis can try to convince a higher court that Bunning "abused his discretion in sending her to jail," Tobias said. "But she blatantly violated a court order and the judge wanted to send a message. You have to enforce those court orders because that's how the system works."
So far, Davis has refused to budge from a position that she maintains is a religious obligation. She remains in good spirits after her first night in jail, her husband, Joe, told reporters in Morehead, Ky. He stood outside the courthouse with a sign reading "Welcome to Sodom and Gomorrah," according to local television video. He insisted Kim Davis had no plans to resign and would stay in jail as long as needed.
"We don't hate these people," Joe Davis told reporters as the first same-sex couples entered the clerk's office to receive their marriage licenses. "That's the furthest thing from our hearts. We don't hate nobody. We just want to have the same rights that they have."
William Smith Jr. and James Yates, a couple for nearly a decade, were the first to receive a marriage license. Deputy clerk Brian Mason issued the license, congratulated the couple and shook their hands, according to images broadcast from the clerk's office.
The couple paid the $35.50 fee, then hugged. Yates then rushed across the steps of the courthouse to hug his mom as both cried.
"This means at least for this area that civil rights are civil rights and they are not subject to belief," said Yates, who had been denied a license five times.
"I just want the licenses given out," Yates told reporters later. "I don't want her [Davis] in jail. No one wanted her in jail."
A second couple, Timothy and Michael Long, also were issued a license about an hour after Yates and Smith. When the couple got inside the office Friday, an unidentified man was caught on video saying: "More sodomites getting married?"
The Longs did not respond, and a worker told the man who made the comment to leave.
"We feel like we are accepted, like everyone else," Tim Long said, calling the day "very significant" for equal rights.
The third same-sex couple to get a marriage license was April Miller, a 54-year-old Morehead State University education professor, and Karen Roberts, a teacher, who were a part of the lawsuit to force Davis to grant licenses, the Courier-Journal reported.
Davis has said she hopes the Legislature will change Kentucky laws to find some way for her to follow her beliefs while staying in office. Democratic Gov. Steve Beshear on Thursday again refused to call a special session of the Legislature and lawmakers will not meet again until January.
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UPDATE
11:30 a.m.: This story has been updated to say a third gay couple has received their marriage license.
9:30 a.m.: This post has been updated with more details about marriage licenses being issued and the scene outside the government building, plus comments about the county clerk being jailed.
The article was originally published at 5:41 a.m.
