Kim Davis, the Rowan County clerk who denied marriage licenses to same-sex couples in Kentucky, is in jail and will be held indefinitely until she agrees to issue the licenses, reported the Huffington Post. If Davis remains this stubborn, she’s looking at a long stint in jail.
According to a Supreme Court case in 2011, Turner v. Rogers, Davis’ freedom is based solely upon whether or not she complies with the court’s order to allow same-sex marriages. “Once a civil contemnor complies with the underlying order, he is purged of the contempt and is free,” stated the case.
“This is a classic example of an intolerant person misusing religion for her own small-mindedness,” said Leo Thomas, criminal defense attorney with the Levin, Papantonio law firm.
Davis is being held for contempt of a court order. She argued that it is “factually impossible” to comply with the Supreme Court’s ruling to honor same-sex marriages. However, U.S. District Judge David Bunning stated that despite one’s own personal beliefs, Davis has a responsibility to follow the law, as an elected official.
“Her good-faith belief is simply not a viable defense,” said Bunning. “I myself have genuinely held religious beliefs . . . but I took an oath.”
Unless Davis can set aside her personal beliefs and follow the law, she will remain in jail. One’s religious beliefs are no excuse to decide which laws to follow and which to ignore.