No-Fault Divorce Does Not Violate Hindu Husband's Free Exercise Rights.

In Bhandaru v. Vukkum, (KY App., Aug. 19, 2016), a Kentucky appeals court rejected an argument that the state's no-fault divorce law violates the free exercise rights of a Hindu husband.  The husband argued that his Hindu religion only permits divorce if some grounds for divorce are stated. The court concluded however that the divorce law is a law of general applicability and the state has a rational basis for it.  It thus survives a 1st Amendment challenge and the free exercise provisions of the Kentucky constitution offer no greater protection than those in the 1st Amendment.  The court also rejected the argument that under notions of comity it should have applied the Indian Hindu Marriage Act.

Two Recent Cases Charging Religious Discrimination In Employment

Two recent lawsuits charging religious discrimination in employment are in the news.  In Bowling Green, Kentucky, a former firefighter sued claiming questioning and harassment over his atheist beliefs as well as over his non-conformity to gender norms.  The complaint (full text) in Queen v. City of Bowling Green, (KY Cir. Ct., filed 8/10/2016) contends that plaintiff was subjected to a hostile work environment on the basis of his religious beliefs in violation of Kentucky law. WKU Herald reports on the lawsuit.

Separately, in Dallas, Texas, last Wednesday an Orthodox Jewish woman filed suit against the county after her job offer as data manager with the Dallas County sheriff's office was rescinded.  The sheriff's office acted after plaintiff, Isabel Balderas, told them that she would need an accommodation allowing her to leave 30 minutes early on Fridays during the winter months in order to be home for the beginning of the Sabbath. The sheriff's office said that the data manager position requires that the person be on call 24/7. Dallas News reports on the lawsuit.

Ark Encounter and Public High Schools

According to Tuesday's Lexington Herald-Leader, now that Ark Encounter has opened in Kentucky, the Freedom From Religion Foundation has sent letters to more than 1,000 school districts in Kentucky, Tennessee, Ohio, Indiana and West Virginia telling them that field trips to the Noah's Ark theme park would violate the Establishment Clause. FFRF says it would expose students to proselytizing.  In response, Kentucky Education Commissioner Stephen Pruitt told schools that field trips should be an extension of classroom learning, and that neither outside groups nor the state Department of Education should dictate selection. Meanwhile FFRF has also protested the participation of two Kentucky high school marching bands in Ark Encounter's July 5 opening ceremonies. (FFRF press release.)

Obergefell Decision Attacked By Suit Demanding License For Man-Object Marriage

As reported in a Liberty Counsel press release, in a rambling 44-page complaint filed last week Mark "Chris" Sevier, a Vanderbilt Law School graduate who was suspended from practice in 2011, filed suit challenging Kentucky's refusal to issue him a marriage license to allow him to marry his laptop computer.  Framed as a challenge to the U.S. Supreme Court's Obergefell decision, the complaint (full text) in Sevier v. Davis, (ED KY, filed 7/1/2016)) alleges in part:

The Plaintiff seek one of two forms of relief: (1) that the state be enjoined from enforcing any laws and policies that prevents him from legally marrying an inanimate object in light of the decision in Obergefell v. Hodge ... and United States v. Windsor ... or alternatively, (2) that all forms of marriage outside the traditional definition of marriage be nullified in reviving the original marriage laws and bans, since laws that try to establish the plausibility of gay rights violates the establishment clause of the first amendment....

If the plaintiffs request to many a machine is frivolous and "removed from reality," then certainly a man's request to many a man in order to call him his lawfully wedded wife in hopes that the society will whomp up more dignity for such marriages is equally "removed from reality" and culturally imperialistically arrogant. It is this kind of moral relativist that causes Middle Eastern Nations to hate the United States so much - because the adaptation of these values are a threat to the integrity of families - and they recognize that.

Sevier has previously filed similar lawsuits in Texas, Florida and Utah (see Above The Law). This time however he named as one of the defendants the equally adamant opponent of same-sex marriage, Rowan County Kentucky Clerk Kim Davis. (See prior posting.)  Alluding to this, the complaint alleges:

Unless total marriage equality is permitted as demanded by the Plaintiff, Mrs. Davis will have a valid cause of action under racketeering statutes against those who conspired to persecute and prosecute her maliciously as an an attempt to force her to convert to their sexually exploitative self-justifying world view.... Allowing the Plaintiff to marry an inanimate object will give those who put her in jail more credibility, since it will show that the Courts really believe that sexual orientation is based on civil rights matter and not an ideological religious one stemming from an attempt to legislate away feelings of shame and inadequacy.

Ark Encounter Set To Open In Kentucky

Today's New York Times has a background piece on Kentucky's Ark Encounter-- the massive $102 million Noah's Ark display scheduled to open July 7.  The project has been the subject of extensive controversy over whether state tourism subsidies are appropriate. (See prior  posting.) The Times quotes Ark Encounter promoter, Ken Ham:

The reason we are building the ark is not as an entertainment center.  I mean it’s not like a Disney or Universal, just for anyone to go and have fun. It’s a religious purpose. It’s because we’re Christians and we want to get the Christian message out.

Controversial Noah's Ark Theme Park Gets Kentucky Tax Incentives

According to the Louisville Courier-Journal, on Monday Kentucky's Tourism Development Finance Authority approved by a 7-0 vote the controversial sales tax rebate incentives for Ark Encounter, the Noah's Ark theme park being constructed by Answers In Genesis. While the project had received preliminary approval for tax incentives in 2014, former Governor Steve Beshear’s Tourism Arts and Heritage Cabinet rejected the application after it appeared that the theme park intended to discriminate in hiring on the basis of religion and the project became one to promote a literal reading of the Biblical book of Genesis. (See prior posting.) At that point, Ark Encounter sued and won in federal district court. (See prior posting.) Gov. Matt Bevin, elected last November expressed approval of tax incentives, and cleared the way for final action by last week replacing four members of the Finance Authority.

6th Circuit Dismisses County Clerk's Suit As Moot

In Miller v. Davis, (6th Cir., April 19, 2016), the U.S. 6th Circuit Court of Appeals dismissed as moot the appeal by Rowan County, Kentucky, Clerk Kim Davis seeking a preliminary injunction against a requirement that she issue marriage licenses to same-sex couples in violation of her religious beliefs.  The court said:

On December 22, 2015, the newly-elected Governor of Kentucky issued an executive order revising Kentucky's marriage license form to eliminate the need for the name and signature of the county clerk. Davis's counsel issued a press release stating that the revised form will permit Davis and the other county clerks "to do their jobs without compromising religious values and beliefs."

The Louisville Courier-Journal reports on the decision.

Court Says Enforcement Motion Against Kim Davis Is Moot

A decision by a Kentucky federal district court yesterday may have nearly ended the ongoing legal saga of Rowan County Clerk Kim Davis who, until court intervention, refused to allow her office to issue any marriage licenses once same-sex marriage was legalized in the state. (See prior posting.)  As recounted by the court:

On September 3, 2015, the Court held Defendant Kim Davis in contempt.... After remanding Davis to the custody of the United States Marshal’s Service, five of six Rowan County Deputy Clerks told the Court that they would issue marriage licenses in her absence. The next day, multiple same-sex and opposite-sex couples obtained marriage licenses.... Because Davis’ Office issued these licenses, the Court found that she had purged herself of the contempt and ordered her release from custody on September 8, 2015.

However when Davis returned to work, she insisted on modifying the license forms being issued. At that point plaintiffs asked to court to order the deputy clerks to go back to issuing licenses in the original form.  In Miller v. Davis, (ED KY, Feb. 9, 2016), the court held:

Since Plaintiffs filed this Motion, the Court has received numerous Status reports [indicating] ... that the Rowan County Clerk’s Office is issuing marriage licenses to individuals eligible to marry as needed.... There has been no indication that Davis has continued to interfere with the issuance of marriage licenses since September 20, 2015.... Moreover, there is every reason to believe that any altered licenses issued between September 14 ... and September 20 ... would be recognized as valid under Kentucky law.... Under these circumstances, the Court finds that Plaintiffs’ request for relief is now moot. The Court will continue to monitor Davis and the Rowan County Clerk’s Office to ensure compliance with its Orders.

Liberty Counsel issued a press release on the decision.

Court Says Ark Encounter Cannot Be Excluded From Kentucky Tax Incentives

In Ark Encounter, LLC v. Parkinson, (ED KY, Jan. 26, 2016), a Kentucky federal district court, in a 71-page opinion, held that Kentucky improperly excluded a Noah's Ark complex from participating in tax incentives provided by the state's Tourism Development Act. The court summarized the facts and its holding as follows:

Rising on what was once farmland near the community of Williamstown, Kentucky, is what purports to be an exact replica of the ark that figures prominently in the Old Testament story of a great flood that covered the earth. The modern-day Noah that is constructing the replica hopes that its almost $100 million investment will produce a successful tourist attraction.  At first, the Kentucky Tourism Cabinet, with the same hope, approved tax incentives for the project. But then, representatives of the Commonwealth, concerned that the project was going to “advance religion,” reversed course; the reason: providing the tax incentives would be contrary to the First Amendment protection from the state establishment of religion.

So, in essence, the question presented here is this: if a tourist attraction, even one that as described here “advances religion,” meets the neutral criteria for tax incentives offered by the Commonwealth of Kentucky, can the Commonwealth still deny the incentive for Establishment Clause reasons? This opinion is long but the answer to that question is short -- no. 

At the heart of the court's lengthy opinion was the following:

The Commonwealth has forced  [Ark Encounter] to choose between expressing its religious views on its own property at the theme park and receiving the tax rebate under the KTDA. Although Defendants are correct that “the mere non-funding of private secular and religious . . . programs does not burden a person’s religion or the free exercise thereof,” ..., in this case the Commonwealth is funding the private secular programs while discriminating against the religious one because of its religiosity, which is a violation of the Free Exercise Clause.

AP reports on the decision. [Thanks to Tom Rutledge for the lead.]

UPDATE: Kentucky Gov. Matt Bevin's office said on Jan. 27 that it will not appeal the court's decision. (Cincinnati Enquirer).

Kentucky's New Governor Eliminates County Clerks' Names From Marriage License Forms

Kentucky's new Republican governor, Matt Bevin, fulfilled a campaign promise yesterday (press release) by issuing Executive Order 2015-048 instructing the Kentucky Department for Libraries and Archives to distribute to all County Clerks a marriage license form that no longer includes the name of the County Clerk on it. Instead the form merely calls for the name and title of the issuing official-- who might be a deputy clerk.  The change was in response to the widely-followed resistance of Rowan County Clerk Kim Davis who refused on religious grounds to allow her office to authorize same-sex marriage licenses. (See prior posting.) In a press release, Liberty Counsel call the new form "a clear, simple accommodation on behalf of Kim Davis and all Kentucky clerks."

Kim Davis' Case Continues to Defy Finality

The controversy surrounding Rowan County, Kentucky, Clerk Kim Davis' refusal to issue marriage license to same-sex couples is not over.  As previously reported, after being released from custody on contempt charges, Davis allowed others in her office to issue licenses, but only with revised wording. On Nov. 13, outgoing Governor Steven Beshear filed a response (full text) with the federal district court that had held Davis in contempt stating that:

those altered licenses are not fully consistent with Kentucky statute, but such deviations do not render the marriages ineffective.  Thus, the Third-Party Defendants have and will continue  to  recognize  as  valid  those  marriages  solemnized  pursuant  to  the  altered licenses for purposes of the governmental rights, benefits, and responsibilities conveyed by the Executive Branch agencies over which Governor Beshear exercises supervisory control.

This led the ACLU to file a motion (full text) on Nov. 20 urging to court to require licenses to be issued in their original unaltered form, stating:

As Governor Beshear has now recognized, Davis’ actions have created considerable uncertainty regarding the legality of the altered marriage licenses.  They impose significant and ongoing harm on Rowan County couples who are legally eligible to marry but now face doubt and fear that a marriage solemnized pursuant to an altered marriage license could be held invalid at some unknown time in the future. And Davis’ actions effectively brand the altered licenses with a stamp of animus against gay people. This Court can and should eliminate the uncertainty and harm by enforcing its prior orders....

Meanwhile, accordidng to the Nov. 6 International Business Times, Republican Kentucky Gov.-elect Matt Bevin says that when he is sworn in on Dec. 8, he will issue an executive order removing county clerks' names from state marriage licenses, hoping that this will resolve the problem.

Kim Davis Files Opening Brief With 6th Circuit

On Monday, Rowan County, Kentucky Clerk Kim Davis filed a 126-page opening brief (full text) in her appeal of the federal district court's various rulings against her that require her office to issue marriage licenses to same-sex couples despite her religious objections to doing so.  As summarized in the Liberty Counsel press release announcing the filing, the appeal asks the 6th Circuit to reverse the following district court rulings: (1) Preliminary injunction against Davis on August 12, 2015; (2) District court’s denying a preliminary injunction against the State Defendants on August 12, 2015; (3) Expanded injunction against Davis on September 3, 2015; and (4) Contempt order against Davis on September 3, 2015. (See prior related posting.) AP reports on developments.

State Taxpayers May Not Intervene In Religious Theme Park's Suit Against State Officials

In Ark Encounter, LLC v. Stewart, (ED KY, Oct. 30, 2015), a Kentucky federal district court refused to permit four Kentucky taxpayers to intervene as defendants in a lawsuit by promoters of a Noah's Ark theme park who are suing Kentucky officials for refusing to grant the park sales tax rebate incentives designed to promote tourism.  The promoters plan to build a full-size replica of Noah's Ark which they say will attract hundreds of thousands of visitors. The state countered that the project has evolved into a project to promote a literal reading of the Biblical book of Genesis. The promoters say their exclusion amounts to viewpoint-based discrimination. (See prior posting.)

The intervenors are taxpayers who strongly oppose use of tax funds to promote a religious ministry and wish to enforce provisions of the Kentucky constitution that bar use of funds for that purpose. However, the district court was unconvinced, saying:

the Court is deeply concerned that too permissive a standard for intervention would allow any Kentucky taxpayer to intervene in nearly any suit involving the administration of the state’s tax laws.

The court went on to find:

The proposed intervenors have not identified how the Commonwealth’s interest in upholding the Kentucky Constitution differs from theirs such that the Commonwealth cannot represent their interests in the constitutional use of Kentucky residents’ tax dollars....

The court however did permit the proposed intervenors instead to file an amicus memorandum setting forth their arguments.

6th Circuit Reopens Settlement of Suit Challenging Kentucky's Placements In Faith-Based Facilities

In Pedreira v. Sunrise Children's Services, Inc., (6th Cir., Oct. 6, 2015), the U.S. 6th Circuit Court of Appeals in a 2-1 decision essentially reopened an Establishment Clause lawsuit that had been settled after 14 years of litigation. At issue was the state of Kentucky's funding of treatment for abused and neglected children in facilities operated by Sunrise Children's Services, a Baptist organization. A Kentucky federal district court entered an order incorporating terms of a settlement between the parties and held that Sunrise had no standing to object to the settlement between Kentucky and plaintiffs challenging the funding.  (See prior posting.) The 6th Circuit however held that the district court's dismissal was effectively a consent decree, and before entering a consent decree the court is required to allow anyone affected by the decree to present evidence and have its objections heard. It emphasized that

the consent decree singles out Sunrise by name for special monitoring by the ACLU and Americans United; and in doing so, Sunrise argues, the decree subjects Sunrise to unique reputational harm. Thus, the decree denies Sunrise a chance to clear its name—and instead, over Sunrise’s objection, imposes the very reputational harm that Sunrise sought to avoid by means of 15 years of litigation. 

Judge Black dissented, saying: "After fourteen years of contentious litigation, the district court judge helped effectuate settlement of this case. His actions should be entitled to our deference."  Courthouse News Service reports on the decision.

More On Rowan County, Kentucky, and Marriage Licenses

When Kentucky federal district court Judge David Bunning released Rowan County Clerk Kim Davis from jail where she had been placed for refusing to comply with a court order to issue same-sex marriage licenses (see prior posting), he also ordered the five deputy clerks who agreed to comply with the order to file a status report every 14 days. (Full text of order). The first of the ordered reports (full text) was filed on Sept. 18 on behalf of Deputy Brian Mason, the Deputy Clerk who, by mutual agreement, is actually issuing the licenses.  He reports in detail on language changes Kim Davis made in the forms. These include elimination of references to Davis in the form. The other Deputy Clerks filed their first status reports yesterday (Sept. 21).  Perhaps the most interesting (full text) is the one filed on behalf of Deputy Clerk Kristy Plank, which says in part:

As of this filing, Mrs. Plank reports that, to the best of her knowledge, all requests for marriage licenses requested by legally qualified couples have been issued.  The only denial of a marriage license application that has occurred within the last two weeks was to a gentleman who stated that he wanted a license that would permit him to marry “Jesus”. When it was explained to the individual that both parties had to be present, he stated, “Jesus is always present”. After being denied, the gentleman returned later and presented a type of Power of Attorney document issued by his church granting him authority to sign “Jesus’” name. Since both parties were not present these requests were denied.

For those who want to follow all the filings in this case (and in other cases involving LGBT rights), a comprehensive source is the non-profit organization Equality Case Files which posts these primary source materials online.  They are most easily accessed through the group's Twitter feed, its Facebook page or its library on Scribd. [Thanks to Marty Lederman via Religionlaw for the lead.]

UPDATE: On Sept. 21, the ACLU filed a motion (full text) with the court asking it to issue an order requiring marriage licences issued by the Rowan County Clerk's Office to be in the form that was used prior to Sept. 8, and not in the altered form that Davis has imposed. The motion argues that the changes-- especially listing the person signing it as "Notary Public" rather than "Deputy Clerk"-- cast question on the validity of the license and casts "a stamp of animus against the LGBT community."

6th Circuit Denies Kim Davis Stay of Injunction Pending Appeal

Yesterday in Miller v. Davis, (6th Cir., Sept. 17, 2015), the U.S. 6th Circuit Court of Appeals denied a motion by Rowan County, Kentucky Clerk Kim Davis to stay the preliminary injunction against her, pending appeal. The district court had enjoined Davis from refusing to issue marriage licenses to same-sex couples.  The appeals court said that Davis had not sought a stay from the district court, as required by Federal Rules, before asking the Court of Appeals for a stay.  Davis argued that it would have been useless to go to the district court first.

UPDATE: Marty Lederman at Balkinization blog (9/19) has a lengthy discussion of whether Kim Davis or her office is in violation of the federal district court's injunction in the implementation of the issuance by a deputy clerk of marriage licences with modified language.

Update on Kim Davis and Marriage Licenses In Kentucky

On Monday, Rowan County, Kentucky Clerk Kim Davis, after spending 5 days in jail on contempt charges, returned to work still opposed on religious grounds to issuing marriage licences to same-sex couples.  However, as reported by CNN, she did not prevent her deputy clerks from issuing licences reading that they were issued "pursuant to federal court order." Kentucky Governor Steve Beshear said that the state will recognize these licenses as valid.  Meanwhile, yesterday in Davis v. Beshear, (6th Cir., Sept. 15, 2015), the U.S. 6th Circuit Court of Appeals denied Davis request for a preliminary injunction against the Governor and the Commissioner of the Kentucky Department of Libraries and Archives seeking to prevent them from enforcing the district court order that county clerks issue marriage licenses to same-sex couples and exempting her from issuing licenses pending appeal of the district court's delay in passing on her request for an injunction. (See prior related posting.) The court said in part:

Davis maintains that the issuance of marriage licenses to same-sex couples burdens her sincerely held religious beliefs in violation of the U.S. Constitution, the Kentucky Constitution, and the Kentucky Religious Freedom Restoration Act. Davis has not demonstrated a substantial likelihood of success on her federal constitutional claims. We need not address the merits of her claims under Kentucky law because the Eleventh Amendment of the U.S. Constitution precludes the federal courts from compelling state officials to comply with state law.

District Judge Lifts Contempt Sanction and Orders Kentucky Clerk Released From Jail

Today as Republican Presidential candidates Mike Huckabee and Ted Cruz prepared to visit Rowan County (KY) Clerk Kim Davis (CNN), federal district judge David Bunning ordered her released from jail.  His order (full text) read in part:

On September 8, 2015, Plaintiffs filed a Status Report at the Court’s behest.  According to the Report, Plaintiffs have obtained marriage licenses from the Rowan CountyClerk’s Office. The Court is therefore satisfied that the Rowan County Clerk’s Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples, consistent with the U.S. Supreme Court’s holding in Obergefell  and this Court’s August 12, 2015 Order. For these reasons, the Court’s prior contempt sanction against Defendant Davis is hereby lifted. 

Accordingly, IT IS ORDERED as follows:

1.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....

In a footnote to his order, Judge Bunning said:

While the Status Report reflects that Plaintiffs’ marriage licenses have been altered so that “Rowan County” rather than “Kim Davis” appears on the line reserved for the name of the county clerk, Plaintiffs have not alleged that the alterations affect the validity of the licenses. Nor do the alterations impact the Court’s finding that the deputy clerks have complied with the Court’s Order.

Washington Post reports on the court's action.

UPDATE: As Kim Davis was released from jail on Tuesday afternoon, Republican presidential hopeful Mike Huckabee, standing beside her, told the media: "If somebody needs to go to jail, I am willing to go in her place, and I mean that,"(The Hill).

Recalcitrant Kentucky County Clerk Jailed For Contempt; Deputies Will Issue Marriage Licenses

In Ashland, Kentucky today, federal district judge David Bunning ordered Rowan County Clerk Kim Davis to be remanded to the custody of U.S. Marshals after she told the court that her religious objections to same-sex marriage prevent her from complying with the court's preliminary injunction ordering her to end her office's refusal to issue marriage licences. (See prior posting.)  According to the ACLU, the court also granted its motion and clarified that the preliminary injunction requires Davis' office to issue marriage licenses to all eligible couples in Rowan County, and not just to the four couples named as plaintiffs in the case.  [UPDATE: Full text of order.] The Lexington Herald-Leader reports on what happened then:

After U.S. marshals took Davis into custody, where she is expected to remain until she agrees to comply with Bunning's order, the judge ordered her six deputy clerks to stand and tell him if they would comply with his order to issue marriage licenses, at the risk of facing their own contempt penalties.

All but one of the deputies — Nathan Davis, Kim Davis' son — said they would obey the judge, some more reluctantly than others..... Bunning said he would not hold the younger Davis in contempt since the rest of his colleagues are willing to obey the law.

So on Friday, the Rowan County clerk's office is set to open without its clerk, for the first time recognizing the Supreme Court's landmark gay marriage decision....

Later in the day, after Bunning established that five of Davis' deputy clerks were willing to issue marriage licenses, Davis' lawyers asked the judge to reconsider sending her to jail. If the people of Rowan County can get a marriage license from the clerk's office, even if it's over Davis' objections, then surely the judge's order is satisfied, the lawyers said.

But Davis scotched that effort by informing Bunning, from a courthouse holding cell, that she would not agree to let her deputies obey the judge's order if she is released. With a shrug, Bunning said Davis will remain incarcerated for at least a week, until he can review how her office operates in her absence. She was taken to the Carter County jail but can free herself by agreeing to comply with his order, Bunning said.

Davis' lawyers released a statement today, saying in part:

All [Davis] asks is to be true to God and her conscience. And the tragedy is that there are simple ways to accommodate her convictions. Just remove her name from the marriage licenses. That’s all she has asked from the beginning. Today’s events will escalate this debate to a new level. This is not the kind of America the Founders envisioned or that most Americans want.”

According to the Louisville Courier-Journal, there remains a question of whether licenses issued by deputy clerks are legally valid under Kentucky law if issued without Davis' consent. Judge Bunning said that couples would need to assess that risk on their own.

Kentucky County Clerk Continues To Refuse To Issue Marriage Licences; Contempt Motion Filed

As reported by the New York Times, Rowan County, Kentucky Clerk Kim Davis yesterday continued to refuse to allow her office to issue marriage licenses because of her religious objections to same-sex marriage, even though the U.S. Supreme Court refused to extend the stay of a district court's ruling against Davis. She told protesters that in refusing to issue licences, she was acting "under God's authority."  In a statement (full text) issued through her lawyers, Davis explained:

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.

So, as announced by the ACLU, yesterday same-sex couples filed a motion (full text) asking the federal district court to hold Davis in contempt.  Plaintiffs also filed a second motion (full text) asking the district court to clarify that its original preliminary injunction requires Davis to issue marriage licenses not just to the named plaintiffs in the lawsuit, but to all individuals who are legally eligible to marry in Kentucky.  The district court has scheduled a contempt hearing for Thursday.

UPDATE: Here is Davis' formal court filing responding to the motion to hold her in contempt.