ASHLAND, Ky. - A federal judge on Thursday jailed Rowan County Clerk Kim Davis until she complies with a court order to issue marriage licenses.
Davis, who testified that she would not follow the court order, was taken into custody by U.S. Marshals at 1 p.m., after a hearing that began at 11 a.m. Thursday at the Carl D. Perkins Federal Building, in Ashland.
During the day's contempt hearing, Davis maintained that her conscience has prevented her from issuing any marriage licenses in the weeks since the U.S. Supreme Court's decision to legalize gay marriage.
Davis, who describes herself as a Christian Apostolic, offered testimony in which she described how she came to find God after the 2011 death of her mother-in-law.
"God's mercy touched me," she said tearfully.
Davis said it was out of her belief in God that she was obligated to refuse to issue marriage licenses to same-sex couples.
"Marriage is a union between a man and woman," she stated, noting that, under no circumstances, would she ever be able to change her views on the issue.
Citing her firm religious beliefs, Davis' attorneys argued that it is "factually impossible" for her to issue the marriage licenses, a statement that U.S. District Judge David Bunning questioned after the conclusion of Davis' testimony.
Bunning, who said he is Catholic, asked Davis' lawyers, if a clerk failed to authorized a marriage license to a divorced Catholic who didn't obtain an annulment, an act which the Catholic Church requires, would that be justifiable.
The federal judge said it was a "slippery slope" to allow someone to refuse to follow a court order because of their religious beliefs, adding that it could set a "dangerous precedent."
Bunning noted that several court decisions have indicated that delaying action on Davis' fate, which was requested by the defense, would not be necessary.
The judge also overruled an objection from Davis' attorneys based on the fact that the state's officials, including Gov. Steve Beshear and the Kentucky General Assembly, could take action to rectify the situation by passing a law that would permit clerks to opt out of offering the marriage licenses.
Bunning said that just because lawmakers could act on the situation, they have yet to do so, and therefore, it would make little sense to delay the decision to hold Davis in contempt.
In addition to the clerk's testimony, the court heard from April Miller, one of the plaintiffs involved in the case.
Miller said she and her partner of 11 years tried on three occasions to get a marriage license and were refused each time. A Rowan County resident of nine years and employee of the county's Morehead State University, Miller said she wants to get married in the county where she lives and works.
During Davis' cross-examination, attorneys for the plaintiffs, asked the county clerk if anything physically prevented her from issuing the licenses. The purpose, the attorneys suggested, was to show that Davis clearly and willfully violated the court's order.
The plaintiff's attorneys also brought up the subject of fines, which Davis could have faced if the judge had decided they were necessary. Attention was called to the fact that crowd-funding sites had begun raising money on Davis' behalf, should she face being fined by the court.
It was ultimately for that reason that Bunning opted to jail Davis instead of imposing monetary fines on her, saying he believed financial sanctions would not force Davis to comply with the court order.
"It's necessary in this case [not to issue fines]," Bunning said. "To do otherwise would allow someone to pick and choose which orders they want to follow."
During an afternoon hearing, the judge asked the clerk's six deputies who are authorized to issue marriage licenses, including Davis' son, Nathan, if they would comply with the court's order.
The judge suggested those who did not comply also could be held in contempt and could face similar consequences as the county clerk.
With the exception of Nathan Davis, five of the deputy clerks agreed to issue marriage licenses to same-sex couples. Several of them expressed hesitation, citing personal beliefs, but they ultimately decided they did not want to violate the court's orders.
Shortly after the judge concluded his discussion with the deputy clerks, Kim Davis' defense attorneys asked Bunning if they could confer with their client. The attorneys wanted to determine if Davis had any intention to allow her deputies to issue the licenses. A positive answer, they argued, would permit her to be released from jail.
However, after a brief conference with their client, Davis' attorneys told the judge she has no intention of authorizing her deputies to issue the licenses.
As a result, Bunning said he was left no choice but to continue to keep Davis in custody.
Jonathan Christman, an attorney for Davis, told the Gazette-Mail that he was given no indication as to when his client would be released, only saying that she will be held until the contempt order has been purged.
Outside the courthouse, hundreds of Davis supporters and "pro-religious liberty" advocates clashed with a significantly smaller group of those calling for the issuance of the marriage licenses.
The scene was filled with a smattering of flags and signs featuring Bible verses, gloom-and-doom language, profane statements and calls for love and equality.
The supporters of marriage equality held multicolored umbrellas and handmade signs with painted hearts, and some even wore plastic heart glasses.
Although they were significantly outnumbered by the pro-Davis group, though, those supporting marriage equality made their presence known through chants and singing, as did the pro-Davis group, although they were aided by megaphones and a public-address system.
Following the initial contempt announcement, the marriage equality group cheered loudly and did an impromptu rendition of "Amazing Grace" on the steps of the courthouse while the Davis supporters gathered a few feet away from them to plan their next step.
The group plans on protesting outside the County Clerk's Office this morning. The judge's orders require the five deputy clerks to begin offering marriage licenses to all couples, including same-sex couples, today.
Reach Joel Ebert at joel.ebert@dailymailwv.com, 304-348-4843 or follow @joelebert29 on Twitter.
For our live blog from the scene, click here.
