Kim Davis | |
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Clerk of Rowan County, Kentucky | |
In office January 5, 2015 – January 7, 2019 | |
Preceded by | Jean W. Bailey |
Succeeded by | Elwood Caudill Jr. |
Personal details | |
Born | Kimberly Jean Bailey September 17, 1965 Morehead, Kentucky, U.S. |
Political party |
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Spouse | Joe Davis |
Children | 4 |
Known for | Refusal to comply with a federal court order directing her to issue marriage licenses following Obergefell v. Hodges |
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 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.[2][3] A lawsuit, Miller v. Davis, 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";[2] 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 the compromise that would have led to her release.".[4][5] 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 a religious liberty argument to discriminate",[6] 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",[7] while Washington Post columnist Jennifer Rubin compared Davis's refusal to obey the decision of 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.
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