U.S.
Jonathan Palmer / The Courier-Journal via AP

Jailed county clerk Kim Davis released from Kentucky jail

Lawyer says Davis will return to work; judge orders her to ‘not interfere’ with issuing of marriage licenses

Kim Davis, the Kentucky county clerk who cited her religious beliefs in refusing to issue same-sex marriage licenses, walked out of jail Tuesday after U.S. District Judge David Bunning, who had found her in contempt, said he was satisfied that her deputies were issuing licenses, in accordance with the U.S. Supreme Court decision that legalized gay marriage nationwide.

Hundreds of supporters, some chanting “We’re with Kim,” greeted Davis outside the Carter County Detention Center. Visibly emotional, she thanked them and said, "I love you all so very much." She told them she wanted to "give God the glory." 

Davis has said that as an Apostolic Christian, she believes a marriage can be between only a man and a woman. She has refused to issue any marriage licenses since the Supreme Court decision in June. While she was jailed, the county's deputy clerks issued marriage licenses to several same-sex couples. 

Bunning ordered her release after six days in jail, saying she "shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples." If she tries to interfere, "that will be considered a violation of this order, and appropriate sanctions will be considered," he said in his court order. 

Davis' lawyer, Mathew Staver, said that she could not "allow her name to be associated with something that conflicts with God's definition of marriage" but that "she will return to work and she will not abandon her post."  

On Tuesday, Republican presidential hopeful Mike Huckabee appeared at Davis' side. He called her a "courageous elected official" and said — Article III of the Constitution notwithstanding — that the Founding Fathers "never gave that one branch of government the power to make the law," apparently referring to the judicial branch and the Supreme Court decision. 

"We will not be bullied, even if they incarcerate us," he said. 

Davis has become a hero to many conservatives since being jailed Thursday. Many religious conservatives say she should be allowed to deny marriage licenses to same-sex couples because of her religious beliefs.

While Huckabee and another Republican presidential candidate, Ted Cruz, have been vocal in their support for Davis, other GOP candidates have tried to distance themselves from her. One of them, Ohio Gov. John Kasich, said last week that Davis — as a government employee — is required to follow the law. "She's not running a church," he said.

Jeb Bush has tried to find a middle position. Last week he said that Davis is "sworn to uphold the law" and that same-sex couples in Kentucky should be able to obtain marriage licenses. "It seems to me that there ought to be common ground, there ought to be a big enough space for her to act on her conscience, and for now, that the law is the law of the land, for a gay couple to be married in whatever jurisdiction that is," he said.

New Jersey Gov. Chris Christie suggested that she should be relocated to a different government position instead of jailed for contempt. 

Kentucky Sen. Rand Paul called the decision to jail her "absurd." He said the law should be interpreted in a way that would accommodate her and same-sex couples. "I think there’s a lot of different ways around this that don’t lead to conflict, that lead more to more time where people can try to persuade others of their opinion on what marriage should be,” he said.

In an email, Allison Martin, the communications director for Kentucky Attorney General Jack Conway, told Reuters that he is not intervening in the case. "Judge Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time," she wrote

Al Jazeera and wire services

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