Judge releases Kentucky clerk from jail, orders her not to interfere with marriages

U.S. District Judge David L. Bunning issued an order releasing Rowan County, Ky., Clerk Kim Davis from custody Tuesday afternoon, five days after he jailed her for refusing to issue marriage licenses.

Bunning took the action after attorneys for same-sex couples who had been refused licenses by Davis reported to the judge that a deputy clerk had issued licenses to three couples involved in the complaint.

Bunning said that satisfied him that Davis’ office is following its obligation to issue marriage licenses to all legally eligible couples. Bunning issued an order releasing Davis “forthwith.�

However, Bunning also instructed Davis not to interfere, directly or indirectly, with the efforts of her deputy clerks to issue licenses.

If she does, it will violate his order, and he will consider sanctions, Bunning said.

Bunning also ordered attorneys for the five deputy clerks who agreed to issue licenses to send him a report every 14 days on how they have complied.

He did not say when that reporting would end.

Bunning’s order came shortly before a rally planned Tuesday afternoon at the Carter County jail, where Davis has been held since last Thursday. Republican presidential candidates Mike Huckabee and Ted Cruz were scheduled to visit Davis in jail Tuesday.

Bunning jailed Davis for contempt last Thursday, Sept. 3, after she refused to comply with his order to begin issuing marriage licenses.

Davis stopped issuing marriage licenses to any couples, gay or straight, after the Supreme Court ruled in June that same-sex couples have a legal right to marry.

Davis said same-sex marriage conflicts with her conservative Christian view and that she could not issue a license under her name to a same-sex couple.

A deputy clerk in Davis’ office began issuing marriage licenses the day after Bunning sent Davis to jail.

However, copies of licenses filed in the court record show that were Davis’ name ordinarily would be, the words “Rowan County� were put in.

So instead of the licenses saying they were issued on a certain date “in the office of Kim Davis, Rowan County County Clerk,� examples included in the court file say issued “in the office of Rowan County, Rowan County County Clerk.�

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