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County Clerk Can Be Released from Jail, Ordered Not to Interfere with Marriage Licenses

The Rowan Co. Clerk will be released from jail.

Kim Davis, the Democrat who has refused to issue any marriage licenses since the June ruling by the U.S. Supreme Court that allowed same-sex marriage nationwide, has been in the Carter County Detention Center since late last week. U.S. District Judge David Bunning ordered Davis to be held on a contempt of court charge. His decision prompted anti-gay Christians to protest outside his Ft. Thomas home on Monday.

On Tuesday, Bunning ordered her to be release. The New York Times reported:

In a two-page order issued Tuesday, the judge who sent her to jail, David L. Bunning of the Federal District Court, said he would release Ms. Davis because he was satisfied that her office was “fulfilling its obligation to issue marriage licenses to all legally eligible couples.”

Judge Bunning ordered that Ms. Davis “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” He said that any such action would be regarded as “a violation” of his released order.

A large rally in support of Davis was expected in Carter Co. on Tuesday, including a visit by Republican presidential candidates Mike Huckabee and Senator Ted Cruz. CNN reports:

It wasn't immediately clear how Davis would react to the order, but she has said she will not authorize her office to issue marriage licenses to same-sex couples if her name remains on the certificate.

Bunning's order makes no mention of revising the licenses to accommodate Davis, who says issuing a license with her name on it would violate her Christian convictions against same-sex marriage.

Bunning ordered that Davis not interfere with her staff's accommodation of requests for marriage licenses.

-Staff report

Photo: Kim Davis (via Carter Co. Detention Center)