Monday evening, the Supreme Court handed down an order that effectively cut off an anti-gay Kentucky county clerk’s last line of legal resistance to marriage equality. Though she has an appeal pending before a lower federal court, that appeal will not be resolved for weeks or even months.
Yet, despite the fact that Davis is under a federal court order requiring her to comply with her legal and constitutional obligations to issue marriage licenses, Davis turned aside a same-sex couple Tuesday morning. In an angry confrontation that was videotaped by multiple news outlets, Davis told David Moore and David Ermold, a couple that has now been turned away four times, to leave her office.
When the couple refused to leave “until we have a license,” Davis told them that they are “going to have a long day.” She also told the couple that she was acting “under God’s authority.”
Davis confronts couple (part 3) pic.twitter.com/nODZoGWxdo
— Hillary Thornton (@HillaryWKYT) September 1, 2015
Now that Davis has refused to comply a court order even in the face of the Supreme Court’s recent decision, it is likely that she will be held in contempt of court by the federal judge that originally ordered her to follow the Constitution. Judge David Bunning may subject her to fines until she obeys his order or he can order her to be jailed.
Davis says that she will not resign from her job, which is an elected position. She can be impeached by the state legislature, although it is unlikely that there would be enough votes to remove her. The Kentucky state Senate President, Roberts Stivers (R), spoke at a rally supporting her.