A Kentucky marriage clerk is in the custody of U.S. Marshals after being held in contempt of court for refusing to issue same-sex marriage licenses.
Rowan County clerk Kim Davis was taken into federal custody on Thursday afternoon, according to CBS’s local affiliate.
U.S. District Judge David Bunning had initially summoned Davis for a court appearance earlier that morning over her office’s actions. Bunning then held Davis in contempt of court for repeatedly refusing legal orders to issue same-sex marriage certificates, the CBS affiliate said. She now faces potential penalties, including fines and jail time.
The couple that initially sued Davis is seeking financial penalties but not jail time.
Davis has repeatedly refused to issue same-sex couples marriage certificates from her Kentucky office on account of her Christian beliefs.
There's been a lot of back and forth regarding whether or not Davis is within her legal right to do this.
Presidential candidate Mike Huckabee asks a legitimate question, specifically what law is Davis violating? Yes, the Supreme Court ruled that same sex couples can be married in all 50 states. But what law was actually written, changed or passed as a result of said ruling?
On the other hand, Jonathan Adler of the Washington Post cites a 2002 essay written by Supreme Court justice Antonin Scalia. The essay basically states that a public official having a moral objection to a law they must enact/enforce should result in resignation from his/her post. Davis is an elected official, so she can't technically be fired until the next election.
But perhaps the most asinine argument against Davis's actions brings up the fact she's had multiple failed marriages, thus has no moral authority to cite any "religious conscience" towards gay marriage. That argument is at best a non sequitur and worst just flat out idiotic. That's kind of like saying someone has no authority to say 3+2=5 because they failed a math test in first grade.
So the main argument against Davis is she is under legal obligation to follow the Federal statute regardless of her personal objections to it. So if we're going to be consistent, I guess all those elected officials who enact the "sanctuary city" policies will be the next group the be taken into Federal custody.