GRAYSON, KENTUCKY – The county clerk who was jailed for refusing to issue marriage licenses to gay couples was released Tuesday after five days behind bars that helped make her a hero to the religious right.
Kim Davis emerged in the afternoon to hundreds of cross-waving supporters outside the jail. They sang “Amazing Grace” and “God Bless America” as her lawyers refused to say whether she would defy the courts again.
The federal judge who ordered the Rowan County clerk hauled off to jail lifted the contempt order against Davis, saying he was satisfied that her deputies were fulfilling their obligation to grant licenses to same-sex couples in her absence. But U.S. District Judge David Bunning warned Davis not to interfere any further.
The move came down just before Davis received jailhouse visits from Republican presidential candidates Mike Huckabee and Ted Cruz. They were ushered into the building shortly after the judge’s order was issued, as was Davis’ husband, Joe Davis.
Davis was thrown in jail on Thursday for the boldest act of resistance by a public official yet to the U.S. Supreme Court ruling earlier this year that effectively legalized gay marriage across the nation.
The timing of her release order came as something of a surprise. Last week, Bunning said that he might reconsider his decision to jail her in a week.
Citing “God’s authority” and her deeply held belief that gay marriage is a sin, Davis, an Apostolic Christian, stopped issuing marriage licenses in June after the Supreme Court said gay couples have a constitutional right to marry anywhere in the U.S.
Two gay couples and two heterosexual ones sued her. Bunning ordered Davis to issue the licenses, and the Supreme Court upheld his ruling. But she still refused, and was held in contempt of court and hauled off to jail in handcuffs, igniting protests from members of the religious right.
They have rallied for days outside her office, at the jail, even outside the judge’s home.
Five of Davis’ six deputy clerks — all except her son, Nathan Davis — agreed to issue licenses to gay couples with Davis behind bars. In lifting the contempt order, Bunning asked for updates on the five clerks’ compliance every two weeks.
Davis’ jailing has offered some of the many Republican presidential candidates an opportunity to appeal to the party’s evangelical Christian wing, which opposes gay marriage and casts Davis’ imprisonment as an issue of religious freedom.
Some observers viewed the candidates’ visit to the jailhouse with skepticism, dismissing it as mere political posturing for two low-level candidates.
“Politicians have latched onto the cause of the day for as long as there have been politicians,” said Sam Marcosson, a constitutional law professor at the University of Louisville, who has dismissed claims that religious liberty should exempt Davis from issuing licenses.
On Monday, Davis’s lawyers took their case to a federal appeals court, asking that Davis be allowed to remove her name and title from marriage certificates issued in Rowan County so that she would not have to act against her conscience.