Kim Davis' lawyer asks: How come murder suspects can post bail while my client, who hasn't done any crime, is in jail sans bail?

Many people were surprised when Rowan County, Kentucky Clerk Kim Davis was arrested in court and forthwith sent to jail without bail last Thursday after she persisted in her refusal to issue marriage license certificates to same-sex couples.

Her lawyer Matthew Staver wondered why the judge sent his client to jail without bail, noting that even murder suspects are allowed to post bail while their trials are pending.

"This woman hasn't done any crime at all. She's being held without bail for an indefinite period of time," Staver told News Max. "In fact, one of the US marshals when they were directed by the judge to take her into custody told her he had never arrested somebody who had not committed a crime."

Davis was sent to jail by US District Court Judge David Bunning, who explained that he did so without bail because Davis has a lot of supporters who are willing to shoulder the cost of bail.

Staver believes that Bunning did not even consider a fine at all, even though the gay couple who filed the original injunction against Davis requested that she be fined, and did not say anything about jail time.

But even though Davis has drawn a lot of supporters, she has also gained a lot of bashers, including Harvard Law professor Alan Dershowitz, who said that Davis has the option to get out of jail anytime she wants—but at a price.

"All she has to do is resign her job and say, 'Look, I can't do this in conscience. And because I can't do it in conscience, I really can't hold the job of being clerk.' That's the principled decision," he said.

But Staver insisted that resigning from her job is not an option for Davis. "She's not going to resign, she's not going to sacrifice her conscience, so she's doing what Martin Luther King Jr. wrote about in his Letter from the Birmingham Jail, which is to pay the consequences for her decision," the lawyer said.

The current situation is something that Republican presidential aspirant Mike Huckabee cannot help but shake his head to, saying it's unfair how liberal Democrats break marriage laws but when Republican conservatives do it, they are thrown in jail with "no bail."

During ABC's "This Week," Huckabee cited the example of liberal Democrats such as former San Francisco Mayor Gavin Newsome and President Barack Obama, whose administration specifically ignored federal marriage laws without punishment.

On the flip side, when Davis refused to sign a marriage certificate for a same-sex couple, she immediately lands in jail.

"You've got Democrats who ignored the law when it was the law to have traditional marriage," Huckabee said. "Gavin Newsome in San Francisco as mayor, performed same-sex weddings, even though it was illegal. Did he ever get put in jail? He most certainly did not."

Newsletter Stay up to date with Christian Today
related articles
Franklin Graham calls for prayer for Kim  Davis and others \'standing up against evil\'
Franklin Graham calls for prayer for Kim Davis and others 'standing up against evil'

Franklin Graham calls for prayer for Kim Davis and others 'standing up against evil'

Kim Davis\' jailing seen as another sign that religious liberty in US is in grave danger
Kim Davis' jailing seen as another sign that religious liberty in US is in grave danger

Kim Davis' jailing seen as another sign that religious liberty in US is in grave danger

\'I have weighed the cost\': Kim Davis says no one can force her to issue gay marriage licence even if she stays locked up in jail
'I have weighed the cost': Kim Davis says no one can force her to issue gay marriage licence even if she stays locked up in jail

'I have weighed the cost': Kim Davis says no one can force her to issue gay marriage licence even if she stays locked up in jail

Kentucky judge who jailed county clerk once ordered students to watch gay video
Kentucky judge who jailed county clerk once ordered students to watch gay video

Kentucky judge who jailed county clerk once ordered students to watch gay video

News
Church of Scotland issues slavery apology
Church of Scotland issues slavery apology

The Church of Scotland General Assembly said it was “grieved beyond telling” for the suffering inflicted.

The Christian Church in mainland China since 1949
The Christian Church in mainland China since 1949

The history of the Christian Church in mainland China since 1949 is a story characterised by times of dramatic upheaval, near destruction and martyrdom, and unexpected revival.

Church of England releases prayer for national unity
Church of England releases prayer for national unity

Bishops in the Church of England have issued a prayer for unity in the UK that asks God's protection from "the perils of division and hatred". 

Police drop criminal investigation into street preacher
Police drop criminal investigation into street preacher

A pastor has hailed a "win for free speech" after police dropped a criminal investigation into him over comments he made about Islam and transgender ideology while street preaching.