Kentucky clerk Kim Davis ordered released from jail

[EC]

LOUISVILLE, Ky. - After five days behind bars, county clerk Kim Davis was ordered released from jail Tuesday by the judge who locked her up for refusing to issue marriage licenses to gay couples.

U.S. District Judge David Bunning lifted the contempt order against Davis, saying he was satisfied that her deputies are fulfilling their obligation to grant licenses to same-sex couples in her absence. But he warned Davis not to interfere with them, saying, "If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered."

The move came down just before Davis was to receive jailhouse visits from presidential candidates Mike Huckabee and Ted Cruz.

More: http://www.cbsnews.com/news/kentucky-clerk-kim-davis-ordered-released-from-jail/

[alicewonders]

Related:

http://www.wsaz.com/news/headlines/Rowan-Clerk-Ordered-To-Issue-Marriage-Licenses-Again-323007901.html

UPDATE 9/8/15 @12:57 p.m.
ASHLAND, Ky. (WSAZ) -- The US District Court Judge who ordered Rowan County Clerk Kim Davis to jail, has now ordered Davis released from custody.

Davis was sent to the Carter County Detention Center last week, after being held in contempt for failing to issue marriage licenses to same-sex couples.

In the order Monday afternoon, Judge David Bunning said Davis should be released from custody, but shall not interfere in any way with the efforts of her deputy clerks to issue marriage licenses to legally eligible couples.

The judge says if she interferes in any way, it will be considered a violation.

To read the entire release document, click the link.

We have a crew outside the Carter County Detention Center awaiting Davis' release.

Outside the jail, word spread slowly through a crowd of supporters. Some said they couldn't believe the news.

Meanwhile, Kentucky, Congressman Thomas Massie says a federal judge's decision to jail Davis lerk was premature because the state legislature hasn't had time to update its marriage laws since the U.S. Supreme Court effectively legalized gay marriage.

Davis, a Republican, pointed out that Kentucky's law still requires the woman in a relationship to apply for a marriage license. It makes no mention of same-sex relationships. He says the legislature needs to update that and several other laws, including ones that require marriage licenses to be issued under the county clerk's authority.

Massie says: "I'm here because five Supreme Court justices stole my job. They legislated. They wrote law."

Keep clicking on WSAZ Mobile and WSAZ.com for the latest on this story.

[flowers]

I see posts on other sites saying this is a huge victory. I don't see how.

[alicewonders]

I see posts on other sites saying this is a huge victory. I don't see how.

I don't either.  She's essentially lost control of her official duties.  She's out of jail, that's one thing good.  Also, we were spared the appearance of Mike Huckabee, who was going to stage a photo opp for her benefit.

 :nometalk:

This is taking place at the Federal courthouse in the town I live in.  She has been jailed in the next county.

[EC]

Victory - for who?

The judge made his point, one that elected officials would be well to consider - they are not above the law and contempt of court carries a lot more weight than contempt of the contemptible - er, sorry, Congress.

[alicewonders]

Victory - for who?

The judge made his point, one that elected officials would be well to consider - they are not above the law and contempt of court carries a lot more weight than contempt of the contemptible - er, sorry, Congress.

From the article I posted above:

Meanwhile, Kentucky, Congressman Thomas Massie says a federal judge's decision to jail Davis lerk was premature because the state legislature hasn't had time to update its marriage laws since the U.S. Supreme Court effectively legalized gay marriage.

Davis, a Republican, pointed out that Kentucky's law still requires the woman in a relationship to apply for a marriage license. It makes no mention of same-sex relationships. He says the legislature needs to update that and several other laws, including ones that require marriage licenses to be issued under the county clerk's authority.

Massie says: "I'm here because five Supreme Court justices stole my job. They legislated. They wrote law."

As my Congressman Thomas Massie pointed out - Davis is following Kentucky law.  There's more here than a woman adhering to her religious convictions.

 

[jmyrlefuller]

Davis, a Republican, pointed out that Kentucky's law still requires the woman in a relationship to apply for a marriage license.

Error aside (Davis is a blue-dog Democrat, not a Republican), this makes a very interesting point.

If Kentucky law requires a woman to initiate the license, that would make lesbian marriages legal under the SCOTUS ruling, but not gay male marriages. (Coincidentally, it is male homosexuality that is the most explicitly spoken against in Christian and Jewish scripture.) The aggrieved parties would have to challenge that all the way up to SCOTUS to get that overturned (which they probably could).