U.S. District Judge David Bunning, who jailed Kim Davis for contempt of court Thursday, ordered her freed from jail, saying he was satisfied her deputies have complied with his order to issue marriage licenses to same-sex and straight couples. After her release Tuesday, Davis could be seen standing with Republican presidential candidate Mike Huckabee outside of the Carter County (Ky.) Detention Center where she was held. In a two-page order,
Bunning ordered the U.S. Marshal Service to release her on the condition that she 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. If she does, Bunning said, “appropriate sanctions” will be considered.
He ordered court-appointed lawyers for the deputies to report every 14 days on their compliance. Davis' lawyers did not immediately respond to questions about whether she will comply with the order. Bunning said a report by lawyers for the four couples who sued Davis said that five of the six deputies — all but Davis' son — are issuing licenses, as promised under oath that they would do. "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," Bunning said. "For these reasons, the Court’s prior contempt sanction against Defendant Davis is hereby lifted."
Dan Canon, one of the lawyers for the plaintiffs, said: "The goal was to get Ms. Davis to issue licenses, and to stop imposing her religious beliefs on the citizens she was elected to serve. That goal has been achieved, for now. We are hopeful that Ms. Davis will comply with the Court's orders and let her deputies continue to do their jobs." After the U.S. Supreme Court ruling this summer that made marriage equality the law of the land, Davis stopped issuing marriage licenses all together saying that it would violate her religion to issue licenses to same-sex couples.
Davis' attorneys filed an appeal Monday with the federal appeals court in Cincinnati. Her attorneys also asked Kentucky Gov. Steve Beshear to accommodate her "religious conviction" and have her freed from jail. The news of Davis' release comes the same day as a rally in support of Davis was planned outside the Carter County Detention Center. Huckabee planned to attend the rally in Grayson, Ky. Authorities were expecting large crowds. Hundreds had gathered Saturday outside the detention center in what was called a "Free Kim Davis" rally. The American Civil Liberties Union, which represents couples Davis turned away, had asked the judge that she be fined rather than imprisoned, in part to avoid "a false persecution story," Canon said at the time. Bunning ordered her jailed anyway, reasoning that she would be unmoved by monetary penalties.
Kentucky clerk Kim Davis released from jail; she must allow licenses