Kim Davis
Kim Davis | |
---|---|
Clerk of Rowan County, Kentucky | |
Assumed office January 5, 2015[1] | |
Preceded by | Jean W. Bailey |
Personal details | |
Born | Kimberly Jean Bailey September 17, 1965[2] Morehead, Kentucky, U.S. |
Political party | Democratic |
Spouses | |
Residence(s) | Morehead, Kentucky |
Known for | Refusal to comply with a federal court order directing her to issue marriage licenses following Obergefell v. Hodges |
Kimberly Jean Bailey Davis[5] (born September 17, 1965) is a county clerk from Rowan County, Kentucky, who gained national media attention after defying a federal court order requiring that she issue marriage licenses following the U.S. Supreme Court decision in Obergefell v. Hodges, which held that there is a right to same-sex marriage guaranteed by the Fourteenth Amendment.[6][7][8][9]
After the Supreme Court decision, Davis began refusing to issue any licenses, either to same-sex or heterosexual couples.[10] Four couples who were denied a marriage license—two same-sex couples and two opposite-sex couples—filed a lawsuit against Davis (Miller v. Davis) on July 1, 2015. The couples were represented by the ACLU. The U.S. District Court for the Eastern District of Kentucky ordered Davis to issue licenses as required by law. Her lawyers filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she pursued an appeal, but the application was denied.[11] Davis continued to defy the court order and deny marriage licenses, saying she was acting "under God's authority". Davis was subsequently jailed for contempt of court, then released five days later. As of September 2015, Kentucky Attorney General Jack Conway has not decided to appoint a special prosecutor to pursue charges of official misconduct against her.
Career
Deputy clerk
From 1991 to 2015, Davis served as chief deputy clerk of Rowan County, reporting to her mother, Rowan County Clerk Jean W. Bailey.[12] Kentucky law permits elected county officials to employ their family members and to determine their compensation.[12]
In 2011, county residents complained about Davis' compensation: an annual wage of $51,812 and an additional $11,301 in overtime and other compensation during 2011.[12] While deputy clerk, Davis earned more than other chief deputies in the county: Chief Deputy Sheriff Joe Cline received $38,000 annually and Deputy Judge-Executive Jerry Alderman $36,000 annually; neither position receives overtime pay.[12] After the County Fiscal Court reviewed the compensation of clerks in the office a vote was taken with the result being a unanimous decision to cut the County Clerk's office budget for salary by one-third for 2012.[12]
2014 election
After her mother announced she would not run for re-election in 2014, Davis filed as a Democratic candidate for county clerk.[13][13] At a candidates' forum, Davis stated she felt she was best qualified for the position because of her 26 years of experience in the clerk's office.[14]
Davis won the Democratic primary,[13] advancing to the general election against Republican John Cox.[15] Although Cox made complaints of nepotism during the campaign, Davis prevailed in the general election.[16] After winning the race, Davis told the Morehead News, "My words can never express the appreciation but I promise to each and every one that I will be the very best working clerk that I can be and will be a good steward of their tax dollars and follow the statutes of this office to the letter."[15][17][1]
Davis took the oath of office as Rowan County clerk on January 5, 2015, beginning a four-year term slated to end on January 7, 2019.[18][19] As clerk, Davis receives an annual salary of $80,000.[4][9]
Official actions and legal proceedings
Same-sex marriage ruling
On June 26, 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges, 576 U.S. ___ (2015), holding in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.[20][21] Following the ruling, fifteen counties in three states continued to deny marriage licenses to same-sex couples. The probate judges of eleven counties in Alabama were allowed to temporarily deny marriage licenses by the Alabama Supreme Court, the clerk of one Texas county chose to resign rather than issue such licenses, and the clerks of two counties in Kentucky were not issuing licenses due to paperwork delays[10][22][23] and would not speak at a Family Foundation of Kentucky protest rally held at the State Capitol. Davis, however, spoke briefly at the rally, saying "I need your prayers ... to continue to stand firm in what we believe."[24] She began turning away gay couples from her county office who were there seeking marriage licenses, then began denying marriage licenses to all couples, gay or straight, rather than issue them to same-sex couples.[10][23]
On July 1, 2015, four couples who were denied a marriage license—two same-sex couples and two opposite-sex couples—filed a lawsuit against Davis represented by the American Civil Liberties Union (ACLU) of Kentucky.[10][25] In August 2015, federal district judge David L. Bunning of the U.S. District Court for the Eastern District of Kentucky, the judge assigned to the case, issued a stay temporarily barring Davis from "applying her 'no marriage licenses' policy to future marriage license requests".[10][26] Before the stay expired, the U.S. Court of Appeals for the Sixth Circuit refused to extend that ruling for an appeal. "It cannot be defensibly argued that the holder of the Rowan County Clerk's office ... may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court," the unanimous three-judge panel wrote in their refusal. "There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal," the panel further said.[26] Through her attorneys from the Orlando, Florida-based law firm Liberty Counsel,[27][a] Davis filed an emergency application to appeal with the U.S. Supreme Court. In a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from continuing to denying marriage licenses to couples.[11][26]
However, Davis continued to defy Bunning's order, even after the Supreme Court upheld it.[5][29] When several couples sought to obtain marriage licenses, Davis turned them away, saying she was acting "under God's authority".[6] Some sources questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".[30][31][32][33]
Contempt of court
On August 31, in response to the U.S. Supreme Court's refusal to grant her stay request, she said:
I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God's definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God's Word.[34]
Bunning ordered Davis and her six deputy clerks to appear before him on September 3 in Ashland after the two gay couples and two straight couples sought to have her held in contempt of court.[35][36] The four couples and the ACLU asked the court to fine Davis.[37] Bunning ruled in favor of the plaintiffs and held Davis in contempt, but remanded her to custody after the hearing. The judge said she will remain incarcerated until she complies with the court's order to issue marriage licenses.[38][39] Bunning reportedly said that fines were not an option "because outsiders would pay them for her."[40] Of the six deputy clerks who report to Davis, only Davis' son Nathan refused to comply with the court's order to start issuing marriage licenses.[41] After the hearing, Davis was transported by the U.S. Marshals to the Carter County Detention Center in Grayson.[42]
Through her attorneys from Liberty Counsel, Davis filed an appeal from the order holding her in contempt of court, asking that she be immediately released from jail and her name removed from marriage licenses, allowing her deputies to issue them.[43] Separately, Davis asked Kentucky Governor Steve Beshear to free her. The governor's office said that the conflict was a "matter between her and the courts" and added that the governor had no power to release her.[44] Rowan County Democratic Judge-Executive Walter Blevins,[45] who said he didn't believe he would need to appoint a replacement for Davis, said he believes "the General Assembly will pass something where marriage licenses don't have anyone's name on them. Jack Conway [the Attorney General of Kentucky] is saying the same thing."[46]
Five days later on September 8, Bunning ordered Davis released from jail.[47][48][49] The order stated:
Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. Defendant Davis 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 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.[50]
Bunning's order also stated that Davis' deputy clerks must comply with his earlier order to issue marriage licences and to submit status reports confirming their compliance to him every fourteen days.[48][49][50] The deputy clerks released statements pledging to continue issuing licenses after Davis' release and to ignore any order from her to do otherwise, complying with the federal judge's order.[51][52] Licenses issued since Davis' refusal state that the license is authorized by "the office of the Rowan County Clerk" but no longer bear her name.[53][54] Davis supporters who gathered at the Rowan County Courthouse said that her deputies were unlawfully issuing licenses and should resign or be fired.[55][56]
On September 14, 2015, Davis returned to work and said she would not interfere with any deputy clerk who issues marriage licenses, but she said she would not personally issue or authorize any of the forms.[57] The same day, same sex couple Carmen and Shannon Wampler-Collins successfully walked out of the Rowan County, Kentucky, clerk's office with a marriage license.[58]
Reactions
Many legal experts spoke out against Kim Davis. Kerry B. Harvey, the United States Attorney for the Eastern District of Kentucky, issued a statement expressing "grave concerns about the reported failure to comply with the court's order" and stated that "Government officials are free to disagree with the law, but not disobey it."[59][60] Columbia Law School professor Katherine Davis said "Kim Davis has all sorts of religious liberty rights secured under the First Amendment and under other laws, but they are not at stake in this case. All she's asked to do with couples that come before her is certify that they've met the state requirements for marriage, so her religious opposition to same-sex marriage is absolutely irrelevant."[61] Professor Steve Vladeck of American University's Washington College of Law said that Davis "waived any right to have an objection to issuing same-sex marriage licenses when she ran for the job."[59] Professor Jonathan H. Adler of the Case Western Reserve University School of Law said, "Insofar as the state's definition of an acceptable marriage differs from her own, Davis is obligated to follow the state's rule so long as she maintains her current office."[59] Steven R. Shapiro, legal director of the ACLU, said, "The law is clear and the courts have spoken. The duty of public officials is to enforce the law, not place themselves above it."[62] Washington Post columnist Jennifer Rubin and others compared Davis' refusal to follow orders of the U.S. Supreme Court to Alabama Governor George Wallace's 1963 "Stand in the Schoolhouse Door".[63][64][41] The Human Rights Campaign, a national GLBT rights group, said: "Ms. Davis has the fundamental right to believe what she likes ... but as a public servant, she does not have the right to pick and choose which laws she will follow or which services she will provide."[26]
Opposition to the federal ruling came from figures such as political columnists William McGurn of the Wall Street Journal and Ray Nothstine of the Christian Post.[65][66][67] Law professor Eugene Volokh suggested that the Kentucky's state religious freedom restoration act might compel the state to accommodate Davis' religious beliefs and argued that state courts have the authority to order the removal of Davis' name from marriage licenses.[68] Kentucky Senate President Robert Stivers also came to Davis' defense; he stated in an amicus brief filed in federal court that the "Supreme Court ruling has completely obliterated the definition of marriage."[69] Liberty Counsel, the law firm defending Davis, stated "Kim Davis is being treated as a criminal because she cannot violate her conscience."[70] They also said she would not accept a proposed compromise to no longer be found in contempt if she agreed to not interfere with her deputies issuing licenses for same-sex couples.[39]
Reactions to the litigation against Davis also came from the White House, from Kentucky Governor Steve Beshear, and from candidates in the race for the 2016 presidential election. White House Press Secretary Josh Earnest said "No public official is above the rule of law, certainly not president of the United States, but neither is the Rowan county clerk."[71][72] Beshear said "the future of the Rowan County clerk is now in the hands of the courts."[73][74] Democratic presidential candidate Hillary Clinton said "Officials should be held to their duty to uphold the law – end of story."[75][76] Several Republican presidential candidates also called upon Davis to comply with court orders. Donald Trump said "the decision's been made, and that is the law of the land";[77][78] Jeb Bush, former governor of Florida, said Davis "is sworn to uphold the law", but also suggested that some sort of accommodation be made for her.[76] Republican presidential candidates Carly Fiorina and Senator Lindsey Graham of South Carolina both suggested that Davis should comply with the court order or resign.[79]
In contrast, several national Republican politicians supported Davis. Republican presidential candidate Mike Huckabee, the former governor of Arkansas, said that the Kim Davis affair was part of a "criminalization of Christianity" and organized a rally for Davis outside the jail where she had been held.[80][81] Senator Ted Cruz of Texas, another Republican presidential candidate, said Davis was a victim of "judicial tyranny" and attended the same rally.[80][82] Governor Bobby Jindal of Louisiana and Senator Rand Paul of Kentucky, also presidential candidates, both voiced their support for Davis.[79][83] Matt Bevin, a Republican candidate for Kentucky governor in the 2015 election, said a government-issued license should not be required for any marriage.[84][85]
A survey of American adults conducted by YouGov in September 2015 found that 56% supported the decision of Judge Bunning to jail Davis for contempt of court, while 31% of Americans opposed the decision.[86] When asked what Davis should do, 65% said that Davis should resign from office; 23% said that Davis should stay in office and continue to refuse to issue marriage licenses to same-sex couples; and 4% said that Davis should remain in office but issue licenses to all persons legally entitled to one.[86] The license the couple received said "pursuant to federal court order" and lists the city of Morehead, the county seat, rather than listing Davis' name and Rowan County.[87]
Pending decisions and issues
Because Davis is an elected official, she cannot simply be fired.[88] In order to be removed from office, Davis would have to be impeached by the Kentucky House of Representatives and then tried by the Kentucky Senate; such a scenario is seen as unlikely.[88]
Under Kentucky law, a commonwealth's attorney has the power to indict various local officials (including judges-executives, justices of the peace, sheriffs, coroners, surveyors, jailers, county attorneys and constables) for "malfeasance in office or willful neglect in the discharge of official duties" (an offense punishable by removal from office and a fine of up to $1,000), "but for some reason lost to history, the statute doesn't include county clerks."[88]
After being denied a license four times, one couple asked the Rowan County Attorney's Office to investigate Davis for official misconduct, a misdemeanor under Kentucky law.[89][88][b]
Rowan County Attorney Cecil Watkins cited a conflict of interest precluding him from making a decision to charge or not to charge in the case (his office is currently defending two suits filed against the county).[89][91][88] Because of this, Watkins referred the complaint of official misconduct to the Kentucky Attorney General's office, led by Attorney General Jack Conway, for them to decide whether to file charges against Davis.[92][93]
The Kentucky Attorney General has the power to have an assistant attorney general investigate whether Davis violated the official misconduct statute when her office refused to issue a license to the same-sex couple, or alternatively to have a county attorney or commonwealth's attorney from another jurisdiction conduct such an investigation.[91] The Kentucky Attorney General's office then conducted a review,[94] and Conway issued a statement reading: "I understand that passions are high on both sides of this issue, but we are a nation of laws, and no one can defy an order from a federal judge."[95]
On September 9, 2015, Conway issued a one-sentence statement saying that he would not appoint a special prosecutor to investigate Davis: "Judge Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time."[51] Conway has noted that the statute of limitations on charging Davis does not expire for a year.[96]
Personal life
Davis has been married four times to three different men.[4] The first three marriages ended in divorce in 1994, 2006, and 2008. She is the mother of twins, who were born five months after her divorce from her first husband. Her third husband is the biological father of the twins, who were adopted by her second husband, Joe Davis, who is also her fourth and current husband;[33] he supports her stance against same-sex marriage.[32] One of Davis' twin sons, Nathan, works in her office as a deputy clerk and has taken the same position of denying marriage licenses to same-sex couples.[97]
Davis stated that she experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church.[16] Since then Davis identifies as an Apostolic Christian.[8] She worships three times a week[98] at the Solid Rock Apostolic Church near Morehead, an Apostolic Pentecostal congregation (also known as "Oneness Pentecostalism").[16][99]
Following her conversion, Davis let her hair grow long, stopped wearing makeup and jewelry, and began wearing skirts and dresses that fall below the knee, in keeping with Apostolic/Oneness tenets regarding "external holiness" (modesty).[2][99]
Davis is currently holding a weekly Bible study for female inmates at a local jail.[16][99]
Election history
Party | Candidate | Votes | % | |
---|---|---|---|---|
Democratic | Kim Davis | 3,909 | 53.2% | |
Republican | John C. Cox | 3,444 | 46.8% |
Party | Candidate | Votes | % | |
---|---|---|---|---|
Democratic | Kim Davis | 1,817 | 46.2% | |
Democratic | Elwood Caudill, Jr. | 1,794 | 45.6% | |
Democratic | Charlotte Combess | 322 | 8.2% |
References
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The highest staff wage in 2011 – $63,113 – was paid to Bailey's chief deputy clerk, Kim Davis, who also happens to be her daughter. Davis is listed at $24.91 hourly for a 40-hour work week and an annual wage of $51,812 ... her rate of pay apparently triggered most of the complaints.
- ^ a b c "Blevins wins judge-executive nomination". Morehead News. Morehead, Kentucky. May 20, 2014. Retrieved September 6, 2015.
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At the ... election in 1998 and every 4 years thereafter, there shall be elected in each county ... a County Court Clerk ... who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and who shall hold their offices [4] years ...
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- ^ Obergefell v. Hodges, 576 US, *22 (June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
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- ^ "Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages". Southern Poverty Law Center. February 9, 2015. Retrieved September 3, 2015.
Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.
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- ^ Byrnes, Jesse (September 3, 2015). "GOP candidates blast 'absurd' jailing of Kentucky marriage clerk". The Hill. Retrieved September 7, 2015.
- ^ "Matt Bevin Responds to Kim Davis' Arrest". WTVQ-DT. September 3, 2015. Retrieved September 7, 2015.
- ^ "Matt Bevin calls on Governor Steve Beshear to uphold Kentuckians' individual liberties". WBKO. September 3, 2015. Retrieved September 7, 2015.
- ^ a b Moore, Peter (September 9, 2015). "Majority of public back jailing Kim Davis". YouGov. Retrieved September 10, 2015.
[detailed survey data] "1000 Adult Interviews" (PDF). YouGov. n.d. Retrieved September 10, 2015 – via CloudFront. - ^ CNN: Kim Davis stands ground, but same-sex couple get marriage license
- ^ a b c d e Wolfson, Andrew (September 2, 2015). "Q&A: Why hasn't Ky. clerk been fired in gay marriage license case?". USA Today. Retrieved September 3, 2015.
- ^ a b Beam, Adam (September 9, 2015). "Deputy to Kim Davis promises to continue issuing marriage licenses in Rowan County". Lexington Herald-Leader. Lexington, Kentucky. Retrieved September 10, 2015.
- ^ a b "Misconduct charge against Davis referred to AG". Richmond Register. August 31, 2015. Retrieved August 31, 2015.
- ^ a b Wolfson, Andrew; Wynn, Mike (August 31, 2015). "Rowan clerk Kim Davis loses Supreme Court fight". The Courier-Journal. Retrieved September 6, 2015.
- ^ Thornton, Hillary (August 29, 2015). "'Official misconduct charge' against Rowan County Clerk Kim Davis referred to attorney general". wkyt.com.
- ^ "Rowan County Atty's Office Refers Charge of Official Misconduct". WLEX-TV. August 28, 2015. Retrieved August 28, 2015.
- ^ Sanburn, Josh (September 1, 2015). "What's Next for the Kentucky Clerk Who Won't Issue Gay Marriage Licenses?". Time. Retrieved September 1, 2015.
- ^ Conway, Jack (September 3, 2015). "Statement from Attorney General Conway". Kentucky.gov, Office of the Attorney General. The State of Kentucky. Retrieved September 6, 2015.
- ^ The Courier Journal: Conway: No special prosecutor for Kim Davis
- ^ "Kentucky clerks to license marriages as their boss is jailed". Boston Herald. Associated Press. September 3, 2015.
- ^ Blackford, Linda B. (July 20, 2015). "Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses". Lexington Herald-Leader. Retrieved September 1, 2015.
- ^ a b c Miller, Emily McFarlan (September 9, 2015). "What's an Apostolic Christian and why is Kim Davis' hair so long?". USA Today. Retrieved September 10, 2015.
- ^ "2014 General Election". Rowan County Clerk. November 4, 2014. Retrieved September 3, 2015.
- ^ "Primary Election Rowan County Recapitulation Sheet May 20, 2014" (PDF). Rowan County Clerk. p. 4. Retrieved September 3, 2015.
Notes
- ^ Liberty Counsel had already entered the debate over same-sex marriage by representing the eleven Alabama probate judges refusing to issue marriage licenses to same-sex couples.[28]
- ^ Under Kentucky Revised Statute 522.020,
A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office.[90]
Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.[90]
External links
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