Kentucky County Clerk Freed from Jail on Condition Licenses Get Issued

Kim Davis, the Rowan County, Ky., clerk who spent Labor Day weekend in jail because she refused to approve marriage licenses for gay and lesbian couples, is a free woman today.

“We are pleased that Kim Davis has been ordered released. She can never recover the past six days of her life spent in an isolated jail cell, where she was incarcerated like a common criminal because of her conscience and religious convictions,” said Mat Staver, founder and chairman of Liberty Counsel, the legal organization that represented Davis.

“She is now free to return to her family, her coworkers and the office where she has faithfully served for the past 27 years. We will continue to assist Kim and pursue the multiple appeals she has filed.”

However, in the order by which U.S. District Judge David L. Bunning granted her freedom, Davis was told not to interfere with the issuance of marriage licenses to “legally eligible couples,” no matter if they are straight or gay.

She was only released because the lesbian plaintiffs who accused Davis of refusing to give them a marriage license have received their license. That is because five of her office’s six deputy clerks — everyone except Davis’ son — agreed to issue marriage licenses for same-sex couples.

Staver did not say whether Davis would respect Bunning’s conditions for her release.

Judge Bunning did more than put Davis in a jail cell Sept. 3. He also thrust her into a national and even international spotlight. She has become a symbol of the continuing fight over the legalization of gay marriage. Republican presidential hopefuls former Arkansas Gov. Mike Huckabee and Sen. Ted Cruz (R-Texas) showed up at the jail for her release and took photos with the country clerk. Huckabee offered to take her place behind bars.

When one is a symbol, one has a responsibility.

Horatio “Harry” Mihet, chief litigation counsel for Liberty Counsel, told PJM while she was still behind bars, Davis considered herself to be a prisoner of conscience.

“Kim Davis will not under any circumstances violate her conscience or violate her religious freedom by engaging in the same-sex marriage enterprise,” said Mihet. “Her conscience is clear. She hasn’t lost any sleep. She has the comfort of knowing the Lord is with her.”

Mihet said Davis is confident “millions of freedom-loving Americans” are on her side in this fight against issuing same-sex marriage applications, which she believes is a violation of her religious freedom.

“Kim is certainly the bravest woman in America, and is the most well-known of the few clerks that have chosen to take a stand for their conscience,” he said.

Davis is not the only government official who might be willing to stand a stand against issuing same-sex marriage applications.

There are at least two other clerks in Kentucky, he said, who are refusing to issue same-sex marriage applications. Mihet said several county clerks in Texas are also refusing to issue same-sex marriage licenses, but they have not been sued yet.

“They are from smaller counties and have not yet come into the crosshairs of the homosexual machine,” he said.

Mihet said close to a dozen Alabama probate judges and 40 magistrates in North Carolina have refused to issue same-sex marriage licenses.

In North Carolina there is a difference. A statute approved in June following the U.S. Supreme Court decision that legalized gay marriage allows magistrates to recuse themselves from approving same-sex marriages.