| Revision as of 08:14, 5 September 2015 editJerodlycett (talk | contribs)Extended confirmed users22,542 editsm →Contempt hearing: clean up, typo(s) fixed: to to → to using AWB← Previous edit | Revision as of 08:16, 5 September 2015 edit undoValjean (talk | contribs)Autopatrolled, Extended confirmed users, IP block exemptions, Pending changes reviewers, Rollbackers95,500 edits basis for using refs. Also important to update other content about thisNext edit → | ||
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| # Joe Davis (2009-present)<ref name=CBS-150902 /> | # Joe Davis (2009-present)<ref name=CBS-150902 /> | ||
| |alma_mater = | |alma_mater = | ||
| |religion = ] | |religion = ] | ||
| }} | }} | ||
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| ==Personal life== | ==Personal life== | ||
| Davis |
Davis is described as an "Apostolic Christian"<ref name=Higdon/> who worships three times a week<ref name=Blackford>{{cite news |url= http://www.kentucky.com/2015/07/20/3952541_rowan-clerk-testifies-she-prayed.html?rh=1 |title= Rowan Clerk Testifies She 'Prayed and Fasted' Over Decision to Deny Marriage Licenses |work= ] |date= July 20, 2015 |accessdate= September 1, 2015 |last= Blackford |first= Linda B.}}</ref> at the Solid Rock Apostolic Church near Morehead.<ref name=NYTfixture>{{cite news |url= http://www.nytimes.com/2015/09/02/us/kentucky-clerk-a-local-fixture-suddenly-becomes-a-national-symbol.html?_r=0 |title= Kim Davis, a Local Fixture, and Now a National Symbol |first1= Alan |last1= Blinder |first2= Richard |last2= Fausset |last-author-amp=yes |work= The New York Times |date= September 1, 2015 |accessdate= September 2, 2015}}</ref> It is a congregation in the ], a ] Christian denomination.<ref name=SRAC>{{cite web|title=Solid Rock Apostolic Church|url=http://www.solidrockapostolicchurch.org/|archiveurl=https://web.archive.org/web/20141022002114/http://www.solidrockapostolicchurch.org/|archivedate=October 22, 2014}}</ref><ref name=AC_Directory> lists an associated "Solid Rock Apostolic Church" near Morehead.</ref> She experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church.<ref name=NYTfixture/> Davis has held Bible study for inmates of the Rowan County jail.<ref name="NYTfixture"/> | ||
| Davis has been married four times to three different men.<ref name=CBS-150902 /> 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, who is also her fourth and current husband.<ref name=Nelson>{{cite web |first=Steven |last=Nelson |title=Kentucky Clerk Fighting Gay Marriage Has Wed Four Times |date=September 1, 2015 |accessdate=September 3, 2015 |website=U.S. News & World Report |url=http://www.usnews.com/news/articles/2015/09/01/kentucky-clerk-fighting-gay-marriage-has-wed-four-times}}</ref> | Davis has been married four times to three different men.<ref name=CBS-150902 /> 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, who is also her fourth and current husband.<ref name=Nelson>{{cite web |first=Steven |last=Nelson |title=Kentucky Clerk Fighting Gay Marriage Has Wed Four Times |date=September 1, 2015 |accessdate=September 3, 2015 |website=U.S. News & World Report |url=http://www.usnews.com/news/articles/2015/09/01/kentucky-clerk-fighting-gay-marriage-has-wed-four-times}}</ref> | ||
Revision as of 08:16, 5 September 2015
| Kim Davis | |
|---|---|
| Clerk of Rowan County, Kentucky | |
| Incumbent | |
| Assumed office January 5, 2015 | |
| Preceded by | Jean W. Bailey |
| Personal details | |
| Born | Kimberly Jean Bailey (1965-09-17) September 17, 1965 (age 59) Morehead, Kentucky, U.S. |
| Political party | Democratic |
| Spouse |
|
| Residence(s) | Morehead, Kentucky |
| Known for | Refusal to issue marriage licenses to same-sex couples following Obergefell v. Hodges |
Kimberly Jean Bailey Davis (born September 17, 1965) is a Rowan County, Kentucky, clerk who defied a U.S. Federal Court order requiring that she issue marriage licenses to same-sex couples following the Obergefell v. Hodges U.S. Supreme Court case that legalized same-sex marriage in the United States. Davis filed an emergency application with the Supreme Court seeking to put the lower court's order on hold while she seeks an appeal. After the Supreme Court denied the application, Davis continued to deny the licenses, saying she was acting "under God's authority". On September 3, 2015, she was jailed for contempt of court.
Career
Deputy clerk
Davis served as Rowan County chief deputy clerk, reporting to her mother, Jean W. Bailey, for 24 years. Kentucky law permits elected county officials to employ their family members and to determine their compensation; it is common practice in the state.
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. Davis earned substantially more than the county's other chief deputies, including $38,000 for the Chief Deputy Sheriff Joe Cline and $36,000 to the Deputy Judge-Executive Jerry Alderman, neither of whom receive overtime pay. The County Fiscal Court reviewed the compensation of clerks in the office and voted unanimously to cut the department's salary budget by one-third for 2012.
2014 election
In 2014, Bailey chose not to run for re-election. Davis then ran for county clerk as a Democrat.
At a candidate forum, Davis said she was best qualified for the position because of her 26 years of experience in the clerk's office. Candidate Elwood Caudill Jr. said he would save taxpayers' money by increasing efficiency and delivering excellent customer services while drawing on his 17 years of experience with public records. Candidate Charlotte Combess said she was qualified for the position because of her experience budgeting for her two businesses and her work for Morehead State University's financial aid and admissions offices.
Davis won the Democratic Party primary, and advanced to the general election against Republican John Cox. She defeated Cox in the general election. Following her election, 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."
In January 2015, she took the oath of office and began serving her four-year term as the Rowan County clerk. As county clerk, she receives an annual salary of $80,000.
Same-sex marriage ruling
Main article: Miller v. DavisOn 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 United States Constitution.
Following the ruling, eighteen counties in three states–Alabama, Kentucky, and Texas–continued to deny licenses to same-sex couples. Eleven in Alabama, as well as Rowan County, Kentucky, stopped issuing marriage licenses altogether rather than issue them to same-sex couples.
Davis reacted to the ruling by forbidding her clerks from issuing any marriage licenses at all, resulting in a strained workplace atmosphere. The Kentucky Trial Court Review wrote that her "conduct has terrorized not just her staff but everyone that works in the courthouse. And all for a foolish mission aided by out of state charlatan lawyers trying to raise money for their 'religious liberty' mission."
In August 2015, Davis refused to follow a court order requiring her to issue marriage licenses to same-sex couples. She refused on the grounds of religious freedom, stating that she was acting "under God's authority". Some sources have questioned whether Davis, having been married four times, was acting hypocritically in the "application of her beliefs".
First-degree official misconduct is a misdemeanor according to the Kentucky penal code. It applies to a public official who "refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office." If convicted, a public official may be sentenced to up to a year in jail and a $500 fine.
The United States District Court for the Eastern District of Kentucky ruled she must issue marriage licenses to all applicants, and both that court and the Sixth Circuit Court of Appeals refused to stay that ruling pending appeal. The U.S. Supreme Court also declined to stay the District Court's ruling, and she continued her defiance of the District Court's order.
Contempt hearing
Davis was ordered to appear with her six deputy clerks before U.S. District Court Judge David Bunning on September 3 in Ashland. The American Civil Liberties Union (ACLU) asked the court to impose a fine on Davis rather than incarcerate her, but following the court appearance, Davis was taken into custody by U.S. Marshals and was jailed for contempt of court. The judge said she will remain incarcerated until she complies with the court's order to issue marriage licenses. The judge reportedly said that fines were not an option "because outsiders would pay them for her." 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. After the hearing, Davis was transported by the U.S. Marshals to the Carter County Detention Center in Grayson.
Davis is represented by attorneys from the law firm Liberty Counsel. 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.
On September 2, 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."
On September 3, the Anti-Defamation League commented:
No one should question or challenge Ms. Davis's religious beliefs. The fact that some news articles and commentators have criticized Davis's beliefs as inconsistent or hypocritical is beside the point. The bottom line is that she has no right, constitutional or otherwise, to refuse to do the job the state of Kentucky pays her to do. ... If Ms. Davis or others feel that they cannot fulfill the duties they were selected to perform, they should step aside and allow others to serve the community.
Washington Post columnist Jennifer Rubin and others have compared Davis' refusal to follow court orders to Alabama Governor George Wallace's 1963 segregationist Stand in the Schoolhouse Door incident.
A deal to be no longer found in contempt if she agreed to not interfere with her deputies issuing licenses for same-sex couples. Her attorney said she would not agree to do so.
Personal life
Davis is described as an "Apostolic Christian" who worships three times a week at the Solid Rock Apostolic Church near Morehead. It is a congregation in the Apostolic Church, a Pentecostal Christian denomination. She experienced a "religious awakening" in 2011, following her mother-in-law's "dying wish" that she attend church. Davis has held Bible study for inmates of the Rowan County jail.
Davis has been married four times to three different men. 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, who is also her fourth and current husband.
Joe supports her stance against same-sex marriage. 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.
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
- ^ "Davis following her mother as county clerk". Morehead News. Morehead, Kentucky. November 7, 2014.
- Mack, David (September 1, 2015). "Meet Kim Davis, the Woman Denying Same-Sex Couples Marriage Licenses In Kentucky". BuzzFeed News. Retrieved September 3, 2015.
- ^ "Clerk in Ky. marriage fight has turbulent marital history". CBS News. September 2, 2015. Retrieved September 3, 2015.
- ^ Cheves, John (September 2, 2015). "Q&A: What can federal judge do to make Rowan clerk obey his order to issue marriage licenses?". Lexington Herald-Leader. Retrieved September 4, 2015.
- ^ Blinder, Alan; Perez-Pena, Richard (September 1, 2015). "Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court". The New York Times. Retrieved September 1, 2015.
{{cite news}}: Unknown parameter|last-author-amp=ignored (|name-list-style=suggested) (help) Cite error: The named reference "Blinder" was defined multiple times with different content (see the help page). - Bobic, Igor (September 1, 2015). "Kentucky Clerk Refuses to Issue Marriage License to Gay Couples in Heated Exchange". The Huffington Post. Retrieved September 1, 2015.
- ^ Higdon, Jim; Larimer, Sarah; Somashekhar, Sandhya (September 1, 2015). "Kentucky Clerk Ordered to Court After Refusing to Issue Gay-Marriage Licenses". The Washington Post. Retrieved September 1, 2015.
{{cite news}}: Unknown parameter|last-author-amp=ignored (|name-list-style=suggested) (help) - ^ Wynn, Mike; Wolfson, Andrew (September 1, 2015). "Gay Couples Ask judge to Hold Clerk in Contempt". USA Today. Retrieved September 1, 2015.
{{cite news}}: Unknown parameter|last-author-amp=ignored (|name-list-style=suggested) (help) - de Vogue, Ariane; Diamond, Jeremy (September 1, 2015). "ACLU Wants Kentucky Clerk in Contempt of Court over Denying Gay Marriage Licenses". CNN. Retrieved September 1, 2015.
{{cite news}}: Unknown parameter|last-author-amp=ignored (|name-list-style=suggested) (help) - ^ Graham, Alexandria (September 3, 2015). "Court adjourned: Kim Davis jailed for contempt of court". ABC News. Retrieved September 3, 2015. Cite error: The named reference "Graham" was defined multiple times with different content (see the help page).
- ^ Ortiz, Erik (September 3, 2015). "Kim Davis, Kentucky Clerk Blocking Gay Marriages, Held in Contempt". NBC News. Retrieved September 3, 2015.
- ^ Kappes, Keith (December 27, 2011). "County clerk's office budget reduced first time". Morehead News. Morehead, Kentucky.
- ^ "Blevins wins judge-executive nomination". Morehead News. Morehead, Kentucky. May 20, 2014.
- ^ Stacy, Brad (April 25, 2014). "Primary candidates featured at forum". Morehead News. Morehead, Kentucky.
- "County clerk's race more contested than usual". Morehead News. Morehead, Kentucky. October 17, 2014.
- Menville, Shayla (October 17, 2014). "County Clerk's Race More Contested than Usual". Morehead News. Morehead, Kentucky. Retrieved September 1, 2015.
- "Kentucky Clerk Won't Give Gay Couple Marriage License, Defying Order". Fox News. Associated Press. August 13, 2015. Retrieved September 1, 2015.
- Cheves, John (September 3, 2015). "Judge jails Rowan clerk for contempt; 5 deputies pledge to issue marriage licenses Friday morning". Kentucky.com. Lexington (Ky.) Herald-Leader. Retrieved September 4, 2015.
- Obergefell v. Hodges, 576 US ___, *22 (June 26, 2015) ("The Court now holds that same-sex couples may exercise the fundamental right to marry.").
- Denniston, Lyle (June 26, 2015). "Opinion Analysis: Marriage Now Open to Same-Sex Couples". SCOTUSblog. Retrieved July 2, 2015.
- Chamberland, Michele (August 22, 2015). "Thousands Rally for Clerks Denying Gay Marriage Licenses". Lexington, KY: WKYT-TV. Retrieved August 31, 2015.
- "Local Government Responses to Obergefell v. Hodges". Ballotpedia. August 21, 2015. Retrieved August 31, 2015.
- ^ Kaufman, Scott (September 3, 2015), Kim Davis goes to jail! Judge orders Kentucky county clerk detained for refusing to issue gay-marriage licenses, Salon, retrieved September 4, 2015
{{citation}}: Italic or bold markup not allowed in:|publisher=(help) - Felton, Ryan (September 2, 2015). "Kentucky clerk denying licenses to gay couples has married four times". The Guardian. Retrieved September 3, 2015.
- Arana, Gabriel (September 2, 2015). "Dan Savage: Thrice-Divorced Kim Davis Is A 'Hypocrite,' Just 'Waiting To Cash In'". The Huffington Post. Retrieved September 3, 2015.
- ^ Galofaro, Claire (September 2, 2015). "Kentucky Clerk in Gay Marriage Fight Says to Her, It's 'a Heaven or Hell Decision'". U.S. News & World Report. Associated Press.
- ^ Nelson, Steven (September 1, 2015). "Kentucky Clerk Fighting Gay Marriage Has Wed Four Times". U.S. News & World Report. Retrieved September 3, 2015.
- "Defiant Kentucky county clerk to learn fate soon". CBS News. September 3, 2015. Retrieved September 3, 2015.
- Mike Wynn; Chris Kenning (September 4, 2015). "Ky. clerk's office will issue marriage licenses Friday — without the clerk". USA Today. The (Louisville, Ky.) Courier-Journal. Retrieved September 4, 2015.
- Oh, Inae (September 3, 2015). "Kentucky Clerk Kim Davis Headed to Court Over Refusal to Issue Gay Marriage Licenses". Mother Jones. Retrieved September 3, 2015.
- Marriage Licenses Issued in Rowan County
- Stern, Mark Joseph (August 31, 2015), Is Kentucky's Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?, Slate, retrieved September 3, 2015
{{citation}}: Italic or bold markup not allowed in:|publisher=(help) - Hatewatch Staff (February 9, 2015). "Anti-LGBT Hate Group to Represent Alabama Judges Refusing to Perform Same-Sex Marriages". Southern Poverty Law Center. Retrieved September 3, 2015.
Founded in 1989 and based in Orlando, Fla., the Liberty Counsel is well known for its strident anti-LGBT rhetoric.
- Liberty Counsel (September 1, 2015), Statement of Kentucky Clerk Kim Davis, Liberty Counsel, retrieved September 3, 2015
- de Vogue, Ariane (September 2, 2015), Kentucky clerk who won't issue marriage licenses divorced three times, CNN, retrieved September 3, 2015
{{citation}}: Italic or bold markup not allowed in:|publisher=(help) - "Public Officials: If Your Religion Prevents You From Doing Your Job, Step Aside". Anti-Defamation League. September 3, 2015. Retrieved September 3, 2015.
- Rubin, Jennifer (September 4, 2015). "Trashing the rule of law". Washington Post. Retrieved September 4, 2015.
- Blinder, Alan and Lewin, Tamar (September 3, 2015). "Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage". New York Times. Retrieved September 4, 2015.
{{cite web}}: CS1 maint: multiple names: authors list (link) - 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.
- ^ Blinder, Alan; Fausset, Richard (September 1, 2015). "Kim Davis, a Local Fixture, and Now a National Symbol". The New York Times. Retrieved September 2, 2015.
{{cite news}}: Unknown parameter|last-author-amp=ignored (|name-list-style=suggested) (help) - "Solid Rock Apostolic Church". Archived from the original on October 22, 2014.
- "Worldwide Directory of Apostolic Pentecostal Churches & Ministries" lists an associated "Solid Rock Apostolic Church" near Morehead.
- "Defiant clerk may avoid jail as deputies agree to follow law". Boston Herald. Associated Press. September 3, 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.
External links
- Video showing Davis refusing to issue a marriage license to Same-sex couples
- Written statement from Kim Davis
- Rowan County Clerk's Office website