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Kentucky Clerk Who Refused to Perform Gay Marriages Has Been Found Guilty of Contempt

The latest development in a months-long controversy involving Rowan County Clerk Kim Davis and her refusal to issue wedding licenses to gay couples following the US Supreme Court decision in June that legalized same-sex marriage.
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Kim Davis, the Kentucky county clerk who refused to grant marriage licenses to same-sex couples, was found guilty of contempt by a US federal judge on Thursday and was taken into custody.

"The court doesn't do this lightly," District Court Judge David Bunning said, after he ordered that Davis be taken into custody by federal marshals.

Davis has been embroiled in a months-long controversy following the US Supreme Court decision in June that made same-sex marriage legal across the country. In defiance of the ruling, Davis turned away same-sex couples seeking marriage licenses.

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In August, Davis filed a request for a delay in issuing marriage licenses to gay couples, citing religious freedom. US District Judge Bunning blocked her request. Davis, with the representation of Mathew Staver from Liberty Counsel — a Christian organization that provides legal aid — sought an appeal in the Sixth US Circuit Court.

On Wednesday, Davis' lawyers said in a motion she was unable to perform gay marriages because it "irreparably and irreversibly violates her conscience by directing her to authorize and issue SSM licenses bearing her name and approval."

Judge Bunning disagreed with the argument, saying, "The idea of natural law superseding this court's authority would be a dangerous precedent indeed," the Washington Post reported.

There were about 200 people, both in favor and opposition to Davis, demonstrating outside the courthouse on Thursday in anticipation of the ruling.

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As an elected official, Davis cannot be fired so she must be impeached and tried by Kentucky's legislature.

Josh Earnest, the White House spokesperson, said that the judge's decision to jail Davis was "appropriate."

"There's a rule of law and the principle of the rule of law is central to our democracy," Earnest said on Thursday. "And it's appropriate in this instance for a federal judge to determine the best way to enforce the law."

Davis's lawyers asked the judge to release her, after five of her deputy clerks said they would agree to grant marriage licenses to gay couples if Davis allowed it. But after Davis refused to grant the deputies the authority to do so, the federal judge denied the request for her release. Davis will remain in jail for the night.

Reuters contributed to this report.