Because marriage may only be entered into, maintained, and dissolved in accordance with state law, and it is a state statute that imposes a duty on county clerks to issue marriage licenses to all qualified applicants, she is an agent of the state.
The state government can only speak and act through its agents. When Kim Davis--an agent of the state--refused to issue marriage licenses "on God's authority", she is establishing religion in violation of the First Amendment (applicable to states via the Fourteenth Amendment).
She is voted into that office by the people of that county. Her freedom of religious beliefs are not trumped by some whining sodomites or out of control judges. The state of Kentucky did not hire her the people of Rowan County elected her.
She is not establishing a religion she is confirming her faith in a 2,000 year old religion, that is based upon a religion dated back for eons.
And again Sodomy is not a constitutionally protected right, religious freedom is.
If a few activist judges want to give sodomites authority over the people that actually believe in God as the higher authority maybe we should all be intently checking into their personal history too!
Now for the Biblically illiterate and the antichrist among you;
The Lord gave his own bride a writ of divorcement; that is only until He calls His bride back to Him.
This lady has been called back and she repented so calling her a hypocrite just shows how asinine y'all are.