Tuesday, September 08, 2015

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).