Kim Davis could face criminal charges if she continues to defy c - WDRB 41 Louisville News

Kim Davis could face criminal charges if she continues to defy court order

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Rowan County Clerk Kim Davis, center, after her release from jail Tuesday Rowan County Clerk Kim Davis, center, after her release from jail Tuesday
Kim Davis' mugshot from the Carter County Jail. Kim Davis' mugshot from the Carter County Jail.
Courtesy: Liberty Counsel Courtesy: Liberty Counsel
Davis refuses to issue a marriage license to a same-sex couple a day after being ordered to do so by the U.S. Supreme Court. Davis refuses to issue a marriage license to a same-sex couple a day after being ordered to do so by the U.S. Supreme Court.

LOUISVILLE, Ky. (WDRB) -- Out of jail but still defiant, Rowan County clerk Kim Davis returns to work for a potential showdown on Monday.

When he released her from jail, Judge David Bunning ordered Davis not to interfere with the issuance of marriage licenses to same sex couples.

If she defies that order, Davis could very well be right back behind bars, or worse. Less than a week after her fans celebrated Kim Davis release from jail, could she soon return?

Few know for sure what Davis will do when she goes back to work Monday, but signs point to her continued defiance of a court order to issue marriage licenses to same sex couples.

Prior to Davis leaving the jail on Tuesday, her attorney flatly said she will not change her mind.

“She thought about this a long time and prayed about it. And unless her name and her authority is taken off the licenses, she will not allow those licenses to issue under her name or her authority, that authorizes a marriage that's contrary to God's definition of marriage,” said Mat Staver, founder and chairman of the Liberty Counsel.

University of Louisville  law professor Sam Marcosson says Davis risks putting Judge Bunning in a position of having to show he’s serious.

Marcosson says Judge Bunning could send Davis back to jail, fine her, or both until she complies. Or Bunning could go a step further and put her on trial for criminal charges.

“If that happens, then she goes to jail for up to 6 months, and she has to serve that sentence. The idea is to actually punish her for defying federal law. And it could be that Judge Bunning has in mind going to criminal contempt if she continues to defy his orders on Monday,” said Marcosson.

Marcosson says the Davis case will set an important legal precedent.

“We don't want each public official to be a rule of law unto themselves. That's the problem with Kim Davis' position,” he said.

But Davis' friends seem to have little doubt as to what will happen on Monday.

“I know that Kim Davis, in Judge Bunning's courtroom, was adamant that she would not comply with his orders, not out of disrespect to him, but out of a greater respect to God. Five or six days is not going to change that in my opinion,” Davis supporter Randy Smith told WDRB News on Wednesday.

Marcosson believes the General Assembly can find a way to accommodate the religion of county clerks and the rights of same sex couples. But lawmakers don't meet until January, and that could be too late for Kim Davis.

A group called Oath Keepers, a right-wing group made up of former police and military, says it is coming to Kentucky to provide “security” for Davis in case federal agents try to arrest her.

More: Judge frees Kim Davis, orders her not to interfere with marriage licenses

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