In spite of as court order to do so Kim Davis, the Rowan County Kentucky clerk, says that her office will never issue a same-sex marriage license. That may be but her recalcitrance may come at considerable expense. Should US District Court Judge David L. Bunning (a GW Bush appointee) hold Davis in contempt of court she could face considerable fines that would mount daily. Continuing defiance could land her in jail until she either resigns or obeys the court.
Judge Bunning issued a temporary stay that expired today. However, most legal experts agree that Judge Bunning’s stay was vacated last Thursday when the Sixth Circuit Court of Appeals refused to grant a stay pending appeal. Thus, regardless of what her attorneys at Liberty Counsel say, Ms. Davis has been in contempt of court since last Thursday. You don’t get to stay your own applications. That’s up to a judge.
The only ways to remove Davis from office are by resignation or impeachment. It is unlikely that the state legislature (largely opposing same-sex marriage) is going to impeach her.
Apparently Davis is wed to the belief that her civil service job is an entitlement. Her mother was county clerk; Kim Davis was her deputy. Now Davis has installed her son as deputy to keep the job in the family, assuming that voters continue to approve the arrangement.
This is an important case in spite of its simplicity. Justice Kagan may have asked the full Court to consider the application for a stay. Kagan is the most junior justice of the Supreme Court.