Judge David Bunning ordered the Rowan County clerk to be released — and that she not interfere with her deputy clerks’ efforts to grant marriage licenses to all couples.
WASHINGTON — Rowan County Clerk Kim Davis, who had been held in jail since Sept. 3 for contempt for refusing to end her "no marriage licenses" policy, on Tuesday was ordered released from jail.
"Defendant Davis shall be released from the custody of the U.S. Marshal forthwith," U.S. District Court Judge David Bunning ordered. "Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples."
Bunning ordered Davis's release after receiving notice from the plaintiffs in the case on Tuesday morning that several of them were able to obtain marriage licenses on Sept. 4. "The Court is therefore satisfied that the Rowan County Clerk's Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples, consistent with the U.S. Supreme Court's holding in Obergefell and this Court's August 12, 2015 Order."
The judge's order came moments after Davis asked the 6th Circuit Court of Appeals to release her from jail immediately.
A crowd gathered outside the Carter County Detention Center, where Davis was held. The crowd played Christian rock and people hold the American flag, a flag that read "Liberty" and a Mike Huckabee for President" sign.
In the order announcing her release, Bunning made clear that should Davis interfere with her clerks' efforts, he would consider "appropriate sanctions." Additionally, Bunning ordered the lawyers for the deputy clerks who agreed to issue licenses to file a status report with the court regarding their compliance with the court's orders in the case every two weeks.
In Davis's appeal of the contempt order, her lawyers argued that her being jailed was inappropriate.
"Believing that marriage is the union of a man and a woman, only, and acting in accordance with those beliefs, are not crimes in Kentucky, or elsewhere," they wrote. "To prosecute Davis as if she is a criminal is wrong, and, to do so without guaranteeing her the rights of one so accused, is still worse."
Davis was held in contempt on Sept. 3 following a hearing over her refusal to comply with the trial court's Aug. 12 order that she stop her "no marriage licenses" policy, adopted because of Davis's religious opposition to her name appearing on same-sex couples' marriage licenses.
On Monday, Davis's lawyers asked for an emergency injunction halting the state's governor, Steve Beshear, from enforcing what they call his same-sex marriage mandate" against her.
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