ThinkProgress reports that on Friday, the Rowan County Attorney requested that the state government charge Rowan County clerk Kim Davis with misconduct, a step that could help eventually oust her from her position.
Her attorneys have asked the Supreme court for an emergency order that would protect her from being fired until her lawsuit against Gov. Steve Beshear (D) wraps up. With this lawsuit, Davis hopes to prove that Beshear’s order that she help facilitate same-sex weddings despite her religious beliefs violates her right to “religious freedom.”
Although Davis is employed by the people of Kentucky — and one of the duties of her job is the granting of marriage licenses — Davis argues that her civil rights protect her from being fired over nonperformance. Davis has suggested that the state should revise the requirements that force her to sign her name on all licenses; a request the lower-court judge has rejected.
ThinkProgress notes that since Davis is an elected official, it’s very difficult to fire her. The Attorney General’s request to file misdemeanor official misconduct charges against her would begin a long, tortuous process, and she could only be kicked out of her job if the state legislature votes to impeach her.