A Kentucky county clerk is now facing contempt charges after she continued to enforce her "no marriage license" policy despite a Supreme Court ruling rejecting her appeal to stay a lower court order for her to resume the issuance of marriage licenses to qualified couples, including gays and lesbians.
Rowan County Clerk Kim Davis defended her decision to defy the ruling of the highest court of the land, saying she is acting "under God's authority."
The Americal Civil Liberties Union (ACLU) of Kentucky, on behalf of plaintiffs and couple April Miller and Karen Roberts, is now asking a US district court to cite Davis for contempt for her failure to comply with the Aug. 12 order of US District Judge David Bunning directing her to issue marriage licenses to all straight and gay couples.
"Plaintiffs do not seek to compel Davis' compliance through incarceration. Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform, Plaintiffs urge the Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis' immediate compliance without further delay," according to the court filing.
On Monday, the US Supreme Court denied Davis' emergency stay application of the lower court ruling.
"The application for stay presented to Justice Kagan and by her referred to the court is denied," the US Supreme Court ruled.
Davis went to the Supreme Court after the US 6th Circuit Court of Appeals denied her motion for a stay of a preliminary injunction of the lower court.
On Tuesday, Miller and Roberts went to the Rowan County Clerk's office to apply for a marriage license.
They said when they asked the deputy clerk for a marriage license, they were informed that the office will not issue any marriage licenses pending appeal despite the US Supreme Court ruling the day before.
Also on Tuesday, same-sex couple David Ermold and David Moore went to the county clerk's office and were not granted a marriage license by Davis.
"The Supreme Court denied your stay," they told Davis.
"We are not issuing marriage licenses," Davis replied.
"Under whose authority?" they asked.
"Under God's authority," Davis said.
Outside the county clerk's office, Davis' supporters and critics gathered.
Those who support same-sex marriage shouted "What do we want? Equality," according to Chris Hartman, director of the Louisville-based Fairness Campaign, Reuters reported.
"These couples, they torment her because of her beliefs," said Penny Stinnett of Mount Sterling, who was there to support Davis.
Democratic Kentucky Governor Steve Beshear explained that he could not remove Davis from her job or relieve her of her duties without a change in state law, which can be done only in four months when state legislators convene.
"The future of the Rowan County clerk is now in the hands of the courts," he said.
The Kentucky Attorney General's office said it is reviewing a request for a special prosecutor to determine if Davis committed official misconduct.
