Kim Davis Ordered Jailed in Kentucky Gay Marriage Dispute

Kim Davis Ordered Jailed in Kentucky Gay Marriage Dispute September 3, 2015

She said she was prepared to go to jail, and — apparently — that’s exactly where she’s going:

ASHLAND, Ky. — A federal judge here on Thursday ordered a Kentucky clerk jailed for contempt of court because of her refusal to issue marriage licenses to same-sex couples.

The clerk, Kim Davis of Rowan County, was ordered incarcerated after a hearing here before Judge David L. Bunning of Federal District Court. The contempt finding was another legal defeat for Ms. Davis, who has argued that she should not be forced to issue licenses that conflict with her religious beliefs.

“The court cannot condone the willful disobedience of its lawfully issued order,” Judge Bunning said. “If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems.”

Judge Bunning said Ms. Davis would be released once she agreed to comply with his order and issue the marriage licenses.


As David French wrote before:

Make no mistake, this is a revolutionary act. She has been rebuffed by the courts at every turn. She has exhausted her legal options. And the Supreme Court unmistakably has jurisdiction over her case. Her actions are now lawless, and she’s facing a motion for contempt of court, a potential criminal case for official misconduct, impeachment, and — of course — possible rejection at the ballot box. Revolution has its consequences, and Davis will endure those consequences soon enough.

But Davis isn’t the only revolutionary here. In fact, she didn’t fire the first revolutionary shot. That distinction belongs to a Supreme Court that concocted out of whole cloth a constitutional right to same-sex marriage, using legal “reasoning” that reads more like a religious tract than a court opinion. Justice Kennedy took the moral sensibilities of five justices and rendered those moral sensibilities the law of the land.

It’ll be interesting to see how all of this ends.

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