Lawyers for Kim Davis, the Kentucky clerk jailed for refusing to give marriage licenses to same-sex couples, filed appeals over the weekend to win her release as two Republican presidential candidates planned to visit Davis behind bars.
Davis, who has refused to issue licenses to straight or gay couples since the Supreme Court legalized same-sex marriage in June, was jailed last week for failing to carry out her official duties as Rowan County clerk.
Her lawyers have since asked for an injunction from the Sixth Circuit Court of Appeals directing Kentucky Gov. Steve Beshear to remove Davis’s name from marriage licenses, allowing the county to issue licenses while accommodating Davis’s religious beliefs.
The lawyers argue that such religious accommodations are required under Kentucky’s Religious Freedom Restoration Act, which says that government cannot burden someone’s religious freedom without a compelling government interest. Five of the six remaining officials in the Rowan County clerk’s office have been issuing marriage licenses since Davis was jailed.
Meanwhile, Davis has become a symbol for many conservatives who oppose gay marriage. Two GOP presidential candidates, former Arkansas Gov. Mike Huckabee and Sen. Ted Cruz of Texas, plan to visit Davis in jail on Tuesday.
Davis was elected to her position in November 2014 and can only be officially removed through an impeachment, says University of Kentucky law professor Scott Bauries. But that isn’t likely. The Kentucky General Assembly, which would bring impeachment proceedings, currently isn’t in session. While Gov. Steve Beshear, a Democrat, could theoretically call a special session, experts say the divided legislature would side with Rowan. “She’s probably got enough supporters that she wouldn’t be impeached anyway,” Bauries says.
Rowan County Attorney Cecil Watkins has also referred the case to the state attorney general to investigate whether Davis engaged in official misconduct, specifically over her refusal to perform official duties. “We’re reviewing that matter,” Leland Hulbert, a spokesperson for the Kentucky attorney general’s office, said last week. “Whether or not our office assigns a special prosecutor about possible criminal charges, that is probably yet to be determined.”
The clerk could resign of course — but she ruled that out in a statement released by her law firm Liberty Counsel. “Some people have said I should resign, but I have done my job well,” Davis wrote. “To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. … I intend to serve the people of Rowan County, but I cannot violate my conscience.”
In June, the Supreme Court legalized same-sex marriage nationwide. Soon after, Davis began her standoff with federal judges, citing “God’s authority” and her Christian beliefs. She filed a lawsuit in federal court after Gov. Beshear ordered the state’s clerks to issue same-sex marriage licenses, but both a district court judge and the Sixth Circuit Court of Appeals ruled against Davis, who then appealed to the Supreme Court. A district court granted Davis a stay, which expired last week, and the Supreme Court rejected an emergency motion filed by Davis to extend that stay.
– With additional reporting by Eliza Gray
Portraits of the Gay Marriage Revolution
Elaine Harley, 43, graphic designer & Mignon R. Moore, 42, professor at UCLA
Together for 11 years, married in New York City in March 2012, live in Los Angeles
Elaine (left): “For me, marriage was the natural next step in the progression of our lives together. Marriage represents stability. After getting married I found that people had more respect for our union, and it gave our relationship a greater sense of legitimacy in society.”Peter Hapak for TIMEElaine Harley, 43, graphic designer & Mignon R. Moore, 42, professor at UCLA
Together for 11 years, married in New York City in March 2012, live in Los Angeles
Mignon (right): “As we recited our wedding vows I got chills. Standing before family and friends vowing our intention to be united together and to create a lifelong bond was very special and meaningful.”Peter Hapak for TIMESarah Kate Ellis-Henderson, 41, marketing executive & Kristen Ellis-Henderson, 42, songwriter and guitarist
Together for 8 years, married in St. Luke’s Episcopal Church in Sea Cliff, N.Y. in October 2011, parents to 4-year-olds Thomas and Kate, live in Sea Cliff, N.Y.
Kristen (right): “Sarah and I got married shortly after equality passed in New York State. It's difficult to put into words what it felt like to validate our relationship that way in front of our family, friends, and neighbors. I often get choked up with emotion when trying to talk about it. Exhilarating. Justifying. Romantic. Amazing. None of those words individually captures it. Since becoming mothers, our tireless efforts for equality are more for our children than ourselves. We think of our kids on the playground with every other child they are growing up with - most have married parents. And now our children do too.”Peter Hapak for TIMESarah Kate Ellis-Henderson, 41, marketing executive & Kristen Ellis-Henderson, 42, songwriter and guitarist
Together for 8 years, married in St. Luke’s Episcopal Church in Sea Cliff, N.Y. in October 2011, parents to 4-year-olds Thomas and Kate, live in Sea Cliff, N.Y.
Sarah Kate (left): “I am wildly optimistic [about the Supreme Court considering the issue of gay marriage]. It feels like the night before Christmas. As a mother and a parent, it’s so deeply important for me. You bring children into this world to give them every opportunity. When you’re a same sex couple, you already know the cards are stacked against you so, in a way, you fight harder for a level playing field for your kids. It’s so important for my kids to be able to say my parents are married and know we’re recognized the same as other people.”Peter Hapak for TIMEJake Harrison, 31, interior design & Christopher Cunningham, 38, talent agent
Together for 4 years, live in Los Angeles
Jake (left): “I have friends who are married in the state of New York. I never wanted to do it unless it would be everything that comes with it – 100%. If this becomes a federally recognized thing, it’s a game changer. We live a very married life. We’ve lived together for a couple of years. It’s not that there would be any major changes there, but it would be nice not just for paperwork, but to have something that would validate it to other people.”Peter Hapak for TIMEJake Harrison, 31, interior design & Christopher Cunningham, 38, talent agent
Together for 4 years, live in Los Angeles
Christopher (right): “We met in Brooklyn in 2008 and we pretty much knew a week in that we wanted to spend the rest of our lives together. Getting married always seemed like something that wasn’t an option and never would be so we tried not to think about it too much. We knew we were happily committed and we made do with that. Now, just because of the way things are changing so quickly, we might get married.”Peter Hapak for TIMERussell Hart, 31, hair salon owner & Eric LaBonté, 42, film and television set designer
Together for 7 years, legal domestic partners, engaged since 2010, live in Los Angeles
Russell (left): “I don’t necessarily need a piece of paper to tell me that my relationship with my partner is valid, but we think about having kids and I am constantly terrified about the little harried details that no one wants to deal with. If something happens to one of us, it could potentially get crazy. Straight married couples don’t realize how lucky they are to have all that wrapped up in a marriage.”Peter Hapak for TIMEEric LaBonté, 42, film and television set designer & Russell Hart, 31, hair salon owner
Together for 7 years, legal domestic partners, engaged since 2010, live in Los Angeles
Eric (left): “My parents have been married for 45 years and I always knew that was something that I wanted. I want our children to say, ‘My daddies are married.’ We wanted to feel like a complete package.”Peter Hapak for TIMEMiguel Blanco, 34, freelance art director & Alexander Hammer, 33, film and video editor
Together for 9 years, married in September 2011 in New York City, followed by a commitment ceremony in Florida, live in New York City
Alexander (right): “We did domestic partnership. And nothing happened to me then. We went back to the same courthouse [to get married]. I was just thinking it was a piece of paper. I was surprised at how it was a completely different thing. We were going to do it on a Friday during lunch. I called my mom and she told my brother and his wife and Miguel told his family. The ones that could came. That made it very special. It took me a little while to say it: This is my husband.”Peter Hapak for TIMEMiguel Blanco, 34, freelance art director & Alexander Hammer, 33, film and video editor
Together for 9 years, married in September 2011 in New York City, followed by a commitment ceremony in Florida, live in New York City
Miguel (right): “When we had our commitment ceremony, I have to say I was overwhelmed by how incredible the experience was. As a young gay man coming out, like many others, I struggled with my family's lack of understanding. Having our families and loved ones there, supporting us and being so incandescently happy for us, was truly remarkable. For my family specifically, it really set it in stone for them that this is the person that I love and want to spend my life with.”Peter Hapak for TIME
