85-497: Rowan County is the name of two counties in the United States: Rowan County, Kentucky Rowan County, North Carolina [REDACTED] Topics referred to by the same term This disambiguation page lists articles about distinct geographical locations with the same name. If an internal link led you here, you may wish to change the link to point directly to
170-548: A misdemeanor under Kentucky law. 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. The Rowan County Attorney's Office is prohibited from prosecuting Davis; Rowan County Attorney Cecil Watkins referred the official misconduct complaint to the Kentucky Attorney General's office, led by Attorney General Jack Conway . The Kentucky Attorney General's office conducted
255-402: A religious liberty argument to discriminate", while law professor Eugene Volokh maintained that an employer must try to accommodate religious employees' beliefs. Republican presidential candidate Mike Huckabee said that Davis's imprisonment was part of the "criminalization of Christianity", while Washington Post columnist Jennifer Rubin compared Davis's refusal to obey the decision of
340-722: A Republican. Davis did not face any challengers in the Republican primary. Four Democrats ran in the May 2018 primary with the winner being Rowan County Assistant Property Valuation Administrator Elwood Caudill Jr., whom Davis narrowly defeated in the Democratic primary in 2014. One of the Democrats Caudill defeated was David Ermold, who had been denied a marriage license by Davis and then filed suit against her. Davis lost her reelection campaign on November 6, 2018, when she
425-604: A U.S. federal court order to issue marriage licenses to same-sex couples . Davis was elected Rowan County Clerk in 2014. The following year, the Supreme Court decided Obergefell v. Hodges , and all county clerks in Kentucky were ordered to issue marriage licenses to same-sex couples. Citing personal religious objections to same-sex marriage, Davis began denying marriage licenses to all couples to avoid issuing them to same-sex couples. A lawsuit, Miller v. Davis ,
510-556: A four-year term slated to end on January 7 , 2019. As clerk in 2015, Davis received an annual salary of $ 80,000 (equivalent to $ 102,833 in 2023). On June 26 , 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges , holding that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of
595-515: A jury trial. On September 13, 2023, a jury ordered Davis to pay Ermold and Moore $ 100,000 in damages. On December 28, to what Davis must pay, Bunning added $ 246,026.40 in attorneys’ fees and $ 14,058.30 in attorneys' expenses. The Liberty Counsel, which represents Davis, has stated they will file a motion to reverse the jury's verdict and overturn Bunning's decision. Within a few weeks of Davis's release from jail, Davis announced she and her husband had met with Pope Francis on September 24, 2015, at
680-640: A law against bullying ... Why take away the majority's right [just] to give the minority their rights?" She suggested the possibility of other options to meet the needs of same-sex applicants, such as an online service. The ACLU has no plans for legal action against other court clerks or probate judges. National attention has not been on them as the ACLU brought no case against them, speculated University of Kentucky political science professor D. B. Riggle: "The action in Rowan County may be in part due to
765-469: A review, and Conway issued a statement saying, "We are a nation of laws, and no one can defy an order from a federal judge." Conway then issued a one-sentence statement saying that he would not appoint a special prosecutor to investigate Davis. Months after Davis's office began issuing same-sex marriage licenses, Davis's lawyers filed a motion asking the United States Court of Appeals for
850-596: A same-sex couple from Morehead, Kentucky and alumni of Morehead State University , released video footage on July 7, 2015, of Davis refusing to issue them a marriage license and requesting that they turn off their camera. The video went viral overnight. The Family Foundation of Kentucky, a local political organization, held a protest rally against the ruling at the State Capitol in Frankfort on August 22, 2015, attended by several thousand people. The clerks of
935-782: A session could accommodate Davis with possible new legislation. Davis's attorneys, from the Maitland, Florida -based law firm Liberty Counsel , stated that the plaintiffs were free to drive to other counties to obtain their same-sex marriage licenses, with one adding, "This case is not about these plaintiffs' desires to get married, the case is about [their] desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs." Davis and her attorneys then sued Governor Beshear for ordering her to violate her religious beliefs instead of trying to accommodate them, arguing that Beshear, not Davis, should be held accountable for any legal damages from
SECTION 10
#17327719653311020-597: Is a county located in the northeastern part of the U.S. state of Kentucky , in the Eastern Kentucky Coalfield region. As of the 2020 census , the population was 24,662. Its county seat is Morehead . The county was created in 1856 from parts of Fleming and Morgan counties, and named after John Rowan , who represented Kentucky in the House of Representatives and the Senate . With regard to
1105-420: Is a right that is a part of every human right ...If a person does not allow others to be a conscientious objector, he denies a right. ... Conscientious objection must enter into every judicial structure ... Otherwise we would end up in a situation where we select what is a right, saying 'this right that has merit, this one does not.'" Davis announced that she would run for reelection in 2018 as
1190-629: Is an elected official, she cannot simply be fired. For Davis to have been removed from the office of county clerk, impeachment proceedings would have had to have been initiated by the Kentucky House of Representatives and charges for impeachment brought to the Kentucky Senate . After being denied a license four times, one couple asked the Rowan County Attorney's Office to investigate Davis for official misconduct ,
1275-448: Is certify that they've met the state requirements for marriage, so her religious opposition to same-sex marriage is absolutely irrelevant." Professor Stephen 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". Washington Post columnist Jennifer Rubin and others compared Davis's refusal to follow orders of
1360-405: Is known as a swing county. It voted Republican in 2000, 2012, 2016, and 2020 and Democratic in 2004 and 2008, but in most of those elections the winning candidate won by small margins. This changed in 2016 when Republican Donald Trump won the county with nearly 59% of the vote to Democrat Hillary Clinton 's 37%, the largest margin of victory since Jimmy Carter won the county in 1976. Rowan County
1445-527: Is water. Its highest point is "Limestone Knob" at about 1,409 feet (429 m) above mean sea level. As of the census of 2010, there were 23,333 people and 7,956 households residing in the county. The population density was 83.4 per square mile (32.2/km ). There were 10,102 housing units at an average density of 34 per square mile (13/km ). The racial make-up was 96.1% White , 1.5% Black or African American , 0.1% Native American , 0.8% Asian , 0% Pacific Islander , and 1.0% from two or more races. 1.3% of
1530-625: The American Civil Liberties Union (ACLU) of Kentucky and two couples each had separate legal representation. The four couples represented by the ACLU, two same-sex couples and two opposite-sex couples, filed the first lawsuit against Davis ( Miller v. Davis ) on July 2, 2015. On July 10, 2015, David Ermold and David Moore (who had shot the viral video) next filed suit against Davis, represented by Joseph Buckles and Thomas Szczygielski ( Ermold v. Davis ); James Yates and William Smith Jr., represented by Rene Heinrich of
1615-719: The Apostolic Nunciature to the United States in Washington, D.C., during the Pope's U.S. visit in September 2015 . According to Davis and her lawyer, the pope told Davis to "stay strong" and gave her two rosaries . Vaticanist John L. Allen Jr. said that "there's no way to view the encounter other than as a broad gesture of support by the pope for conscientious objection from gay marriage laws" and that
1700-602: The First Amendment : "It wasn't just a spur-of-the-moment decision", she said. "It was thought out, and I sought God on it." Davis had already decided against resigning from her post, as doing so, she said, would only leave the matter to her deputies: "If I resign, I solve nothing. It helps nobody." Governor Beshear stated that he would not call a special session of the General Assembly to address Davis's concerns, while other state legislators believed that such
1785-1068: The Fourteenth Amendment to the U.S. Constitution . Fourteen counties in three Southern states continued to deny marriage licenses for same-sex marriage . The Alabama Supreme Court allowed the probate judges of ten counties in Alabama to deny such marriage licenses, 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. Kentucky Governor Steve Beshear ordered all Kentucky county clerks to begin issuing same-sex marriage licenses immediately. Davis contacted Beshear, asking for an executive order to protect clerks who have moral objections against personally issuing such marriage licenses, as Kentucky law requires county clerks to issue marriage licenses in their names. She began turning away gay couples from her county office who were seeking marriage licenses. David Ermold and David Moore,
SECTION 20
#17327719653311870-476: The Kentucky's state religious freedom restoration act might compel the state to accommodate Davis's religious beliefs and argued that state courts have the authority to order the removal of Davis's name from marriage licenses. Kentucky Senate President Robert Stivers also came to Davis's defense; he stated, in an amicus brief filed in federal court, that the "Supreme Court ruling has completely obliterated
1955-469: 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 the president of the United States, but neither is the Rowan County clerk." Governor Beshear said the judge's decision "speaks for itself", while his attorneys called
2040-478: The 'no marriage licenses' policy is inaccurate, because Ermold and Moore did not seek an injunction—they sought only damages"; observing that the record does not prevent damages claims. The three-judge panel granted leave for the couple to sue for damages over one marriage license. Their case was sent back to Bunning, where he stated that the state of Kentucky was obligated to pay $ 222,000 in legal fees. The ACLU itself sued Davis to recover $ 233,000 in legal fees, but
2125-494: The ACLU lawsuit. On August 12, Bunning issued a temporary stay barring Davis from "applying her 'no marriage licenses' policy to future marriage license requests". Before the stay expired, the United States 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
2210-523: The Commonwealth of Kentucky when she refused to issue marriage licenses to legally eligible couples. The buck stops there." Local reporting acknowledged that Bevin had previously backed her refusal to issue marriage licenses to same-sex couples. On August 23, 2019, the U.S. 6th Circuit Court of Appeals in Cincinnati upheld Bunning's decision ordering Kentucky to pay the $ 225,000 legal bill from
2295-556: The Court's ruling and with the state governor's executive order of June 26 instructing all state agencies and clerks to comply with it. 38°11′N 83°25′W / 38.19°N 83.42°W / 38.19; -83.42 Kim Davis Kimberly Jean Davis (née Bailey ; born September 17, 1965) is an American former county clerk for Rowan County, Kentucky , who gained international attention in August 2015 when she defied
2380-749: The Heinrich Firm PLLC and Kash Stilz of Roush & Stilz PSC, filed a suit against Davis on August 25, 2015 ( Yates v. Davis ). Federal district judge David L. Bunning of the United States District Court for the Eastern District of Kentucky , the judge assigned to the cases, held hearings with Davis in Ashland , at which she was the only witness. Davis argued tearfully that issuing licenses under her name violated her beliefs, citing her religious rights under
2465-508: 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. Senator Ted Cruz of Texas, another Republican presidential candidate, said that Davis was a victim of "judicial tyranny" and attended the same rally. Louisiana Governor Bobby Jindal and Senator Rand Paul of Kentucky, also presidential candidates, both voiced their support for Davis. Matt Bevin ,
2550-624: The Kim Davis case. Bunning ruled on March 18, 2022, that Davis violated the constitutional rights in both the Miller and Ermold cases, in light of the Supreme Court's Obergefell decision, stating that she "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official." The decision allowed the plaintiffs in Miller and Ermold to continue to seek legal fees and potentially other damages from Davis through
2635-552: The Pope had not been informed of Davis's controversy or if the Vatican had underestimated the media impact that such a meeting would cause. On September 27, 2015, a reporter asked Pope Francis if he supported individuals, including government officials, who have a contentious objection to certain duties such as issuing marriage licenses to same-sex couples. He responded: "I can’t have in mind all cases that can exist about conscience objection but yes, I can say conscientious objection
Rowan County - Misplaced Pages Continue
2720-490: The Pope met with several dozen other people, and rosaries were also given to others in attendance; Davis was not invited by the Pope to the Nunciature , and "the meeting may have been manipulated by her and her lawyer". The only audience given by the Pope while in Washington was with a former student of his, an openly gay Argentine named Yayo Grassi, and Grassi's same-sex partner of 19 years. Observers speculated whether
2805-700: The Republican nominee for Kentucky governor in the 2015 election , said a simple solution to Davis's plight is for the government to stop providing marriage contracts. A survey of American adults conducted by YouGov in September 2015 found that 56% supported Judge Bunning's decision to jail Davis for contempt of court, while 31% of Americans opposed the decision. 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. Other court clerks in
2890-426: The Sixth Circuit to overturn four of Judge Bunning's decisions, calling them a "rush to judgment" that "imposed direct pressure and substantial burden on Davis, forcing her to choose between her religious beliefs and forfeiting her essential personal freedom on one hand, or abandoning those beliefs to keep her freedom on the other hand". The court denied the motion on November 5. Davis's lawyers filed their last appeal
2975-451: The Supreme Court's refusal. The following morning, several couples sought to obtain marriage licenses, but Davis turned them away, saying she was acting "under God's authority". Some in the media questioned whether Davis, having been married four times and only recently converted, was acting hypocritically in the application of her beliefs. Judge Bunning ordered Davis and her six deputy clerks to appear before him on September 3 after
3060-595: The U.S. Supreme Court to Alabama Governor George Wallace 's " Stand in the Schoolhouse Door " in 1963. A few weeks after her release from jail, Davis met with Pope Francis in Washington, D.C. She was defeated by Democratic challenger Elwood Caudill Jr. in the November 6, 2018, election and vacated the office on January 7, 2019. Kim Davis was born on September 17, 1965, in Morehead, Kentucky . By 1991, she
3145-477: The U.S. Supreme Court to Alabama Governor George Wallace 's futile " Stand in the Schoolhouse Door " protest of desegregation in 1963. The Human Rights Campaign , a national LGBT civil 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." Attorney and author Roberta A. Kaplan , who argued for
3230-432: The U.S. Supreme Court's refusal to grant her stay request, Davis stated: 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. Davis continued to defy Bunning's court order after
3315-440: The U.S. have also refused to issue marriage licenses to same-sex couples. The probate judges of several counties in Alabama have stopped issuing marriage licenses to anyone. Probate Judge Nick Williams of Washington County, Alabama , said he stopped issuing licenses altogether to avoid discrimination and said, "I completely disagree with the authority the Supreme Court has." Probate Judge John Enslen of Elmore County, Alabama , said
3400-559: The United States Constitution", the three-judge panel wrote unanimously in their refusal, continuing, "There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal." Liberty Counsel and Davis filed an emergency application to appeal with the U.S. Supreme Court. On August 31, 2015, in a one-line order, the Supreme Court refused to hear the appeal, preventing Davis from legally continuing to deny marriage licenses. In response to
3485-408: The applicants said, "My license is valid, and it's valid because of the court order that's in effect ... It doesn't have to have her signature." Government officials are free to disagree with the law, but not disobey it. — Kerry B. Harvey , United States Attorney for the Eastern District of Kentucky Davis gained international attention after her refusal to issue marriage licenses and
Rowan County - Misplaced Pages Continue
3570-446: The availability of plaintiffs for a case." You asked why I couldn't issue you a marriage license, and I'm explaining to you, I'm showing you why I cannot. They didn't want to hear that, though. They wanted to shove that paper down my throat and make me eat it for my dinner. —Kim Davis, May 2016 Under Kentucky law, a commonwealth's attorney has the power to indict various local officials including "judges-executives, justices of
3655-588: The compromise that would have led to her release.". Davis was released after five days in jail under the condition that she not interfere with the efforts of her deputy clerks, who had begun issuing marriage licenses to all couples in her absence. Davis then modified the Kentucky marriage licenses used in her office so that they no longer mentioned her name. Davis's actions drew strong and mixed reactions from prominent politicians, legal experts, and religious leaders. Attorney and author Roberta A. Kaplan described Davis as "the clearest example of someone who wants to use
3740-738: The conflict was a "matter between her and the courts"; Beshear added that he lacked the legal authority to either remove Davis from office or to relieve Davis of her statutory duties. Rowan County Democratic Judge-Executive Walter Blevins stated that he did not believe he would need to appoint a replacement for Davis, and that he believed the Attorney General of Kentucky and "the General Assembly will pass something where marriage licenses don't have anyone's name on them". Five days later, on Tuesday, September 8, Bunning ordered Davis released from jail. The order stated: "Defendant Davis shall not interfere in any way, directly or indirectly, with
3825-489: The county's governing body, the Fiscal Court , that the clerk's staff's wages were too high, with total compensation for five employees being about $ 198,000. The Fiscal Court then voted to cut the 2012 budget for wages from $ 300,000 to $ 200,000. After her mother announced she would not run for re-election in 2014, Davis filed as a Democratic candidate for county clerk. At a candidates' forum, Davis stated she felt she
3910-433: The county, naming it after governor James Morehead . Rowan County came into existence in May 1856, seceding from Morgan County and Fleming County . It was divided into four districts with Morehead being declared the county seat. In 1896, a tax was levied on Morehead, sourcing it with the revenue needed to construct hard surface roads. The road system was extended to Farmers by 1920. In 1961 Rowan county senior high school
3995-570: The court. In March 2016, the Campaign for Accountability (CfA), a Washington, D.C.-based nonprofit group, made a request to Davis for access to public records under the Kentucky Open Records Act, seeking copies of retainer agreements and lawyer-client engagement agreements between Davis and her attorneys at Liberty Counsel. Liberty Counsel, which responded to the request on Davis's behalf, refused to comply, arguing that
4080-409: The definition of marriage". Liberty Counsel, the law firm defending Davis, stated, "Kim Davis is being treated as a criminal because she cannot violate her conscience", stating also that she refused to accept a proposed compromise where she would no longer be found in contempt if she agreed not to interfere with her deputies issuing licenses to same-sex couples. Reactions against Davis also came from
4165-546: The documents available for a private review. In an opinion issued on June 30, 2016, the Attorney General's Office determined that Davis had violated the Open Records Act, saying that her conduct had the effect of "intentionally frustrating the attorney general's review of an open records request" which "would subvert the General Assembly's intent behind providing review by the attorney general." One of
4250-691: The documents were preliminary and private records are not subject to the Act. CfA appealed to the Office of the Kentucky Attorney General , which under Kentucky law has the authority to make binding rulings on the Open Records Act, and resubmitted its request to Davis's office in April 2016. The Attorney General's Office sought to privately review the records at issue to determine if an exemption applied, but Liberty Counsel refused to make most of
4335-640: 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." Bunning's order also stated that Davis's deputy clerks must continue to comply with his earlier order to issue marriage licenses and to submit status reports to him every fourteen days confirming their compliance. The deputy clerks released statements pledging to continue issuing licenses after Davis's release and to ignore any order from her to do otherwise, complying with
SECTION 50
#17327719653314420-478: The ensuing controversy her actions caused. Many legal experts asserted that Davis had no standing under the law to refuse to issue the licenses. Columbia Law School professor Katherine Franke 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
4505-556: The federal government, not state probate offices, should be the entity issuing same-sex marriage licenses. Casey Davis (unrelated to Kim Davis), a clerk in Casey County, Kentucky , said, "We've not tried to prevent same-sex marriages, we've only tried to exercise our First Amendment rights," adding that such applicants could apply in other counties. Kay Schwartz, a clerk in Whitley County, Kentucky , felt oppressed: "There's
4590-709: The federal judge's order. Licenses issued since Davis's refusal state that they are authorized by "the office of the Rowan County Clerk" but no longer bear her name. Davis's supporters, gathered at the Rowan County Courthouse since her first day in custody, said that her deputies were unlawfully issuing licenses and should resign or be fired. Davis returned to work a week later, on September 14 , 2015. She said that, while she would not interfere with any deputy clerk who issues marriage licenses, she would not personally issue or authorize any of
4675-408: The first acts of newly elected Kentucky Governor Matt Bevin was an executive order to remove clerks' names from the state marriage licenses. Bevin expressed his hope on November 6, 2015, that the executive order will protect the religious beliefs of officials who are opposed to gay marriage. Kim Davis and her attorneys at Liberty Counsel immediately requested that the court dismiss her appeals, because
4760-499: The first couple in Rowan County to receive a marriage license since Obergefell . They were soon followed by other couples who were plaintiffs against Davis. Through her Liberty Counsel attorneys, Davis filed an appeal of the order holding her in contempt of court, asking that she be released immediately from jail and that her name be removed from marriage licenses, allowing her deputies to issue them. Separately, Davis asked Governor Beshear to free her. The governor's office said that
4845-463: The forms. She created several altered versions of the Kentucky marriage license form and instructed her deputy clerks to use them, which had her name and reference to the clerk's office removed. The ACLU sued Davis separately for these form alterations, which they found to be of questionable legality. Governor Steve Beshear was asked by Bunning to brief the court on the validity of the licenses. Governor Beshear acknowledged that Kentucky would recognize
4930-484: The gesture strengthened the hand of those who defend religious freedom. Two days later, the Holy See Press Office issued a statement saying that "the Pope did not enter into the details of the situation of Mrs. Davis and his meeting with her should not be considered a form of support of her position in all of its particular and complex aspects". According to Vatican spokesman Father Thomas Rosica ,
5015-454: The idea of Kentucky bearing the $ 222,000 financial responsibility, insisting the amount should be paid by Kim Davis alone. "Only Davis refused to comply with the law" Bevin stated through his attorneys, insisting taxpayers "should not have to collectively bear the financial responsibility for Davis's intransigence." However, Bunning issued a preliminary injunction ordering the state of Kentucky to pay her legal fees, writing that "Davis represented
5100-436: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Rowan_County&oldid=933097386 " Category : United States county name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Rowan County, Kentucky Rowan County ( / r aʊ n / , / ˈ r oʊ . ɪ n / )
5185-603: The judge he refused to comply with the court's order to start issuing marriage licenses; Bunning declined to hold him in contempt. After the hearing, U.S. Marshals transported Davis to the Carter County Detention Center in Grayson . On Friday, September 4, the first day her office was open during her incarceration, Davis's deputy clerks began issuing marriage licenses to all couples. James Yates and William Smith Jr. (independently suing Davis) were
SECTION 60
#17327719653315270-511: The late 18th century after being awarded land grants at the end of the American Revolutionary War . Clearfield was the second settlement established in the county, being colonized by a Virginia aristocrat named Dixon Clack in the early 1800s. It accommodated the first sawmill in the county. In 1854, Morehead became the third community to be settled in the area. Colonel John Hargis founded the city after purchasing land in
5355-402: The law", but also suggested that some sort of accommodation be made for her. Republican presidential candidates Carly Fiorina and Senator Lindsey Graham of South Carolina both suggested that Davis should comply with the court order or resign. Several national Republican politicians supported Davis. Republican presidential candidate Mike Huckabee , the former governor of Arkansas, said that
5440-442: The legal arguments in her suit against him "absurd". Democratic presidential candidate Hillary Clinton said, "Officials should be held to their duty to uphold the law – end of story." Several Republican presidential candidates also called on Davis to comply with court orders. Donald Trump said, "the decision's been made, and that is the law of the land." Jeb Bush , former governor of Florida, said Davis "is sworn to uphold
5525-462: The licenses being issued, but he could not verify the legality of the licenses issued or the means by which the marriage licenses were altered. Bunning ultimately denied the ACLU's separate suit, stating the altered forms were likely legal and that Davis was now abiding by the court's order. While Davis remained inside her personal office, same-sex couples successfully walked out of the Rowan County clerk's office with their marriage licenses. One of
5610-540: The matter; the couples did not prevail against Davis, therefore they are not entitled to demand that Davis reimburse their legal fees. Separately, Rowan County filed a response contending that the county government should never have to pay for the actions of a single county clerk. Then, by May 2017, a Cincinnati federal appeals court found that Bunning had erred in finding that damages claims by plaintiff couple David Ermold and David Moore became moot, saying, "The district court's characterization of this case as simply contesting
5695-399: The motion was denied; the organization was not a "prevailing party" in the legal action. In July 2017, Davis was again sued for failing to issue a marriage license. The plaintiff, Mark Sevier , Vanderbilt University Law School graduate, was denied a license to marry a laptop computer. A similar Florida lawsuit was dismissed in May. By February 2019, Governor Bevin formally rejected
5780-530: The new regulation provides a religious accommodation for her and makes the case moot . Bunning agreed, dismissing the three lawsuits filed against her, saying the new governor's order to use a license form that does not require the county clerk's signature has removed the controversy before the court. One of the plaintiff couples who were denied marriage licenses from Davis contacted Bunning, requesting they be allowed to recoup $ 230,000 in legal fees. Davis's attorneys asserted that their legislative victory resolves
5865-402: The next day, requesting a delay in issuing marriage licenses to same sex couples, arguing that previous decisions should apply only to the four couples to whom Davis's office was initially ordered to issue licenses. The appeal also asked the sixth circuit court of appeals to overturn a previous ruling that had sent Davis to jail for failure to comply. This final appeal was denied two days later by
5950-399: 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); however, the statute doesn't include county clerks. USA Today writer Andrew Wolfson blamed "some reason lost to history" for the omission. Because Davis
6035-671: The plaintiffs in United States v. Windsor , wrote that "Kim Davis is the clearest example of someone who wants to use a religious liberty argument to discriminate, yet she swore an oath to uphold the Constitution. It is laughable that she can then decide which laws to enforce, which is why every decision in her case has gone against her." Opposition to the federal ruling came from political columnists William McGurn of The Wall Street Journal and Ray Nothstine of The Christian Post . Law professor Eugene Volokh suggested that
6120-436: The population were Hispanic or Latino of any race. There were 7,956 households, of which 19.6% had children under the age of 18 living with them, 52.40% were married couples living together, 10.20% had a female householder with no husband present, and 34.20% were non-families. 27.00% of all households were made up of individuals, and 9.20% had someone living alone who was 65 years of age or older. The average household size
6205-631: The sale of alcohol , it is classified as a moist county in which alcohol sales are prohibited, but unlike a dry county , it contains a "wet" city, Morehead, where packaged alcohol sales are allowed. It is believed that Rowan County was first explored by those of European descent in 1773 by a party of surveyors from Pennsylvania. The first settlement was established in Farmers , a town 10 miles west of Morehead. Its population rapidly increased due its fertile farming land and proximity to water sources. Additional settlers came to Rowan County from Virginia in
6290-458: The six couples sought to have her held in contempt of court . Bunning ruled in the plaintiffs' favor and held Davis in contempt. The ACLU asked the court to fine Davis, but Bunning ordered her remanded in custody after the hearing. The judge said Davis would remain there until she complied with the court's order to issue marriage licenses. Bunning then spoke with each of the deputy clerks who reported to Davis. Only her son, Nathan Davis, told
6375-399: The twins, the children being conceived while Davis was still married to her first husband. The twins were adopted by Davis's current husband, Joe Davis, who was also her second husband; the couple initially divorced in 2006 but later remarried. Joe Davis has also stated his support for her stance against same-sex marriage. Davis's son Nathan works in her office as a deputy clerk and has taken
6460-708: The two other Kentucky counties declined to speak to the rally crowd, but Davis spoke briefly, saying, "I need your prayers ... to continue to stand firm in what we believe." At a competing event several blocks away organized by the Fairness Campaign of Louisville , attendees celebrated the Supreme Court's decision and called upon government officials to uphold the law. Rather than issue marriage licenses to same-sex couples, Davis began denying marriage licenses to all couples. Six couples who were denied marriage licenses from Davis sued her in her official capacity as county clerk. Four couples were represented by
6545-447: Was $ 33,081. Males had a median income of $ 26,777 and females $ 20,104. The per capita income was $ 13,888. About 15.90% of families and 21.30% of the population were below the poverty line , including 20.80% of those under age 18 and 16.20% of those age 65 or over. In 2014, the county had 14,263 registered voters. Of these, 9,394 were Democrats, 3,929 were Republicans, and 626 listed themselves as members of other parties. Rowan County
6630-556: Was 2.39 and the average family size was 2.91. The age distribution was 20.30% under the age of 18, 23.50% from 18 to 24, 25.90% from 25 to 44, 20.00% from 45 to 64, and 10.40% who were 65 years of age or older. The median age was 30 years. Both the unusually large portion of the population in the 18-to-24 range and the relatively low median age are mainly because of the presence of Morehead State University . For every 100 females there were 94.60 males. For every 100 females age 18 and over, there were 93.10 males. The median household income
6715-417: Was best qualified for the position because of her 26 years of experience in the clerk's office. Davis narrowly won the Democratic primary election , defeating Elwood Caudill Jr., a deputy clerk in the Rowan County property valuation administrator's office, by 23 votes and advancing to the general election against Republican John Cox. Davis won the election, with Cox subsequently alleging that nepotism
6800-504: Was built In summer 2015, Rowan County attracted national attention when County Clerk Kim Davis refused, on grounds of religion, to follow a court order requiring her to issue marriage licenses to same-sex couples. According to the United States Census Bureau , the county has a total area of 286 square miles (740 km ), of which 280 square miles (730 km ) is land and 6.5 square miles (17 km ) (2.3%)
6885-414: Was defeated by Caudill in the general election by a little over 8 percentage points. Davis has been married four times to three husbands. The first three marriages ended in divorce in 1994, 2006, and 2008. Davis has two daughters from her first marriage and twins, a son and another daughter, who were born five months after her divorce from her first husband. Her third husband is the biological father of
6970-594: Was filed, and Davis was ordered by the U.S. District Court to start issuing marriage licenses. She appealed to the U.S. Supreme Court, but the application to appeal was denied. Davis continued to defy the court order by refusing to issue marriage licenses "under God's authority"; she was ultimately jailed for contempt of court due to her refusal "to not interfere with her deputies issuing marriage licenses for gay couples." Speaking on Davis' behalf, her "attorney said Davis 'would not make any representation' that she would allow marriage licenses to be issued, thus not accepting
7055-539: Was one of four counties in Eastern Kentucky to vote for Barack Obama in 2008. In June and July 2015, the Rowan county clerk, Kim Davis , refused several residents their right to marry, a right guaranteed by the ruling of the Supreme Court on June 26, 2015, that same-sex marriages are legal across the entirety of the United States. Privately held religious belief was given as the reason for non-compliance with
7140-424: Was serving as chief deputy clerk of Rowan County, Kentucky , reporting to her mother, Rowan County Clerk Jean W. Bailey. Davis's 2011 compensation was $ 51,812 (equivalent to $ 70,176 in 2023) in wages with an additional $ 11,301 (equivalent to $ 15,307 in 2023) in overtime and other compensation. She earned more than other chief deputies in the county, and some county employees and residents complained to
7225-427: Was to blame for his loss. 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." Davis took the oath of office as the county clerk of Rowan County on January 5 , 2015, beginning
#330669