MOREHEAD, Ky. —- A county clerk in Kentucky who has invoked “God’s authority” and is defying the U.S. Supreme Court by refusing to license same-sex marriage has been summoned along with her entire staff to explain to a federal judge why she should not face stiff fines or jail time.
U.S. District Judge David Bunning moved swiftly Tuesday after a lesbian couple asked him to find Rowan County Clerk Kim Davis in contempt. Davis told several couples and a crowd of supporters and protesters that her religious beliefs prevent her from sanctioning gay marriage, and then retreated again, closing her office door and blinds to the raucous scene outside.
The U.S. Supreme Court declined to intervene Monday night, leaving Davis no legal ground for her continued refusal Tuesday morning. Lawyers for the two gay couples who originally sued her asked the judge Tuesday to find her in contempt, but punish her with only financial penalties, not jail time.
“Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform,” they asked Bunning to “impose financial penalties sufficiently serious and increasingly onerous” to compel her immediate compliance without delay.
Rowan County Attorney Cecil Watkins says the federal court alerted him that a hearing is scheduled for 11 a.m. Thursday in Ashland.
As an elected official, Davis can’t be fired; her impeachment would have to wait until the Legislature’s regular session next year or a costly special session.
Davis rejected David Moore and David Ermold’s license request for a fourth time, and then told them to leave.
“We’re not leaving until we have a license,” Ermold said as reporters and cameras surrounded them.