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On
September 14, Davis returned to work at the Rowan County Clerk's office. She did not stand in the way of her deputy clerks issuing marriage licenses, and claimed she would not in the future. However, she questioned the validity of the licenses issued, as they were not issued with her permission or
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On August 12, 2015, Judge
Bunning issued a preliminary injunction ordering Kim Davis to issue marriage licenses to any qualified couple. He wrote that Kim Davis would suffer no irreparable harm by having her signature on a marriage license issued to a same-sex couple. On August 17, he refused to stay
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to overturn four of
Bunning's decisions, calling them a "rush to judgement" 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
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that a state may not refuse marriage licenses to same-sex couples. Kentucky had previously banned same-sex marriage by constitutional amendment, thus same-sex couples rushed to get married as soon as the decision was handed down. The county clerk of Rowan County, Kim Davis, refused to issue marriage
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issued an executive order removing all county clerks' names from marriage licenses in
Kentucky. The State of Kentucky then filed a motion with the Sixth Circuit asking the court to dismiss Davis' appeal as moot. On April 19, 2016, the Sixth Circuit granted the motion, noting the issue was now moot,
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until she complied with the order. Davis was released on
September 8, following her deputy clerks issuing marriage licenses to the plaintiffs during her jailing. On September 14, Davis returned to work, at which point she no longer prevented her clerks from issuing licenses, though she continued to
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On
September 8, 2015, Judge Bunning issued an order lifting the contempt of court finding against Davis and ordering her immediate release from custody. In the order, Bunning barred Davis from interfering or attempting to interfere with her deputies issuing the marriage licenses. The order allowed
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for her failure to comply with his earlier order that she issue marriage licenses. "The court cannot condone the willful disobedience of its lawfully issued order," Judge
Bunning said. "If you give people the opportunity to choose which orders they follow, that's what potentially causes problems."
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On August 31, 2015, the day the temporary two-week stay issued on August 17 expired, after the clerk's office had closed, the U.S. Supreme Court, with no noted dissent, declined to stay the district court's ruling in an unsigned order. This route was the last legal one Davis could seek to maintain
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On
September 1, 2015, the plaintiffs and other couples tried to get marriage licenses, and were declined again. Davis cited "God's authority" for her refusal, even though she was in direct defiance of the court's order. The plaintiffs immediately filed a motion to hold Davis in contempt of court.
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Davis' six deputy clerks were also ordered to the hearing. Five out of six of them agreed to issue licenses after Davis' imprisonment. Nathan Davis, Kim Davis' son, refused, though the judge did not impose any penalties on him as long as he agreed not to interfere with other deputies issuing the
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ordered Davis to issue marriage licenses to all couples. He stayed his ruling until August 31, at her request, while she sought a stay pending appeal. A federal appeals court denied the stay, followed by the
Supreme Court who also refused to stay the ruling. On September 3, Judge Bunning ordered
129:, refused to issue marriage licenses to any couple to avoid issuing them to same-sex couples, citing her religious beliefs. She also refused to allow her deputies to issue the licenses, as they would still bear her title and name.
196:. On August 17, after the district court refused to stay its ruling pending appeal, Davis asked the Sixth Circuit for a stay pending appeal. On August 26, a unanimous three-judge panel of the Sixth Circuit consisting of Judges
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Judge
Bunning said he would revisit his decision to hold her in contempt in about a week, since by then her deputies will have issued licenses to same-sex couples in her place. Deputy clerks reopened their office in
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said on July 7, 2015, that he "will not be calling a special session on this topic", citing the compliance of a majority of clerks to the Supreme Court's decision and the cost to taxpayers.
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protects her from having to do so, as her religious beliefs forbid her to issue marriage licenses to same-sex couples, and thus she stopped issuing them to any couple.
172:. Hearings for a preliminary injunction ordering Kim Davis to issue marriage licenses to all couples were held on July 13, and July 20. The plaintiffs contended that
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Due to Davis' status as an elected official, it would have been difficult to terminate her despite the contempt ruling. Davis could have been
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After Davis failed to comply with his order Judge Bunning ordered Davis and her staff into court for a contempt hearing on September 3 in
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the ruling pending appeal, but granted a temporary stay until August 31. Davis had refused to issue any marriage licenses in the interim.
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Bunning to sanction Davis again should he determine that she had interfered or prevented her deputies from issuing marriage licenses.
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authority. That same day, Governor Beshear stated the licenses were validly issued and would be recognized as valid by the state.
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denied the stay pending appeal. The panel wrote that she had little to no chance to succeed on appeal on the merits of her case.
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On September 6, 2015, Davis's attorneys filed for an appeal of Judge Bunning's contempt of court ruling to the Sixth Circuit.
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mandates marriage licenses be issued to all couples across the nation, including in Rowan County. Davis contended that the
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April Miller et al. vs. Kim Davis in her individual and official capacity as Rowan County Clerk
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Same-sex marriage in Kentucky, U.S. Amendment 1, Establishment Clause, Free Exercise Clause
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WSAZ News Staff; Dan Griffin; The Associated Press; Andrew Colegrove (September 4, 2015).
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is a federal lawsuit in the United States regarding the issuance of marriage licenses to
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preliminary injunction issued, defendant placed in federal custody for contempt of court
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licenses to any couple, same-sex or opposite-sex, in order to circumvent the decision.
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On July 1, 2015, two same-sex couples and two opposite-sex couples represented by the
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397:"Kentucky clerk gets jail time for failing to issue same-sex marriage licenses"
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legalized same-sex marriage nationwide on June 26, 2015, the county clerk of
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798:"Kim Davis appeals contempt of court ruling over same-sex marriage licenses"
338:"Kim Davis: Sixth Circuit orders anti-gay clerk to issue marriage licenses"
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question their validity. The case was dismissed as moot on April 19, 2016.
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Order Lifting Contempt of Court Finding and Releasing Davis From Custody
425:"Defiant Kentucky Clerk Says She Won't Block Same-Sex Marriage Licenses"
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247:. At the hearing, Judge Bunning remanded Davis into the custody of the
741:"Beshear: No need to call special session on same-sex marriage issues"
566:"Kentucky Clerk's Request For A Stay Is Denied By U.S. Supreme Court"
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McLaughlin, Eliott C.; Shoichet, Catherine E. (September 3, 2015).
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On June 26, 2015, the Supreme Court of the United States ruled in
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597:"Kentucky Clerk Denies Same-Sex Marriage Licenses, Defying Court"
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United States District Court for the Eastern District of Kentucky
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United States District Court for the Eastern District of Kentucky
456:"Miller V Davis | PDF | Judiciaries | Government"
682:"Clerk in Kentucky Chooses Jail Over Deal on Same-Sex Marriage"
771:"With clerk jailed, gay Kentucky couple gets marriage license"
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the other hand". The court denied the motion on November 5.
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Blinder, Alan; PƩrez-PeƱa, Richard (September 1, 2015).
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On November 2, Davis' lawyers filed a motion asking the
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Court of Appeals for the Sixth Circuit denial for stay
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Rejection of Rowan County clerk's application for stay
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and began issuing marriage licenses on September 4.
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United States Court of Appeals for the Sixth Circuit
219:Davis then turned to the Supreme Court for a stay.
715:"UPDATE: Marriage Licenses Issued in Rowan County"
510:"Miscellaneous Order (08/31/2015) ā Supreme Court"
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168:against Kim Davis. The case was assigned to Judge
680:Blinder, Alan; Lewin, Tamar (September 3, 2015).
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319:and dismissed the case for lack of jurisdiction.
223:her policy of not issuing any marriage licenses.
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540:"Rowan gay marriage licenses upheld on appeal"
366:"Rowan gay marriage licenses upheld on appeal"
314:On December 22, 2015, newly elected governor
192:Davis immediately appealed the ruling to the
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747:. Lexington Herald-Leader. Archived from
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894:United States same-sex marriage case law
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132:On August 12, 2015, U.S. District Judge
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336:Stern, Mark Joseph (August 26, 2015).
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777:. Associated Press. September 4, 2015
652:"Kentucky: Defiant Clerk Loses Again"
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739:Blackford, Linda B. (July 7, 2015).
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564:Chappell, Bill (August 31, 2015).
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252:Davis was then transported to the
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796:Payne, Ed (September 6, 2015).
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624:"Kim Davis Heads Back To Court"
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879:2015 in United States case law
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538:Wynn, Mike (August 26, 2015).
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146:Background and District Court
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904:Marriage in Kentucky
751:on September 5, 2015
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433:. September 14, 2015
297:Release from custody
256:Detention Center in
153:Obergefell v. Hodges
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544:The Courier-Journal
371:The Courier-Journal
117:couples. After the
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658:. November 5, 2015
656:The New York Times
632:. November 4, 2015
602:The New York Times
490:on August 13, 2015
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119:U.S. Supreme Court
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519:. August 31, 2015
245:Ashland, Kentucky
239:Contempt of court
206:Bernice B. Donald
139:contempt of court
137:Davis jailed for
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823:. Reuters
127:Kim Davis
288:Morehead
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271:by the
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