Deadline Passes. Kim Davis Re-Appeals. Has Not Issued Any Marriage Licenses. Is She In Contempt?

Rowan County, Kentucky clerk Kim Davis was ordered to begin issuing marriage licenses beginning today, and she has not. She did just re-appeal. What does this mean?

Earlier this month U.S. District Judge David Bunning ordered Rowan County clerk Kim Davis to begin issuing marriage licenses to all couples, regardless of gender. Davis, citing her religious beliefs, has steadfastly refused. Bunning gave her until today to begin issuing licenses, and by all accounts, she has not.

Davis even petitioned the Supreme Court on Friday, but received no response as of this writing.

UPDATE: BREAKING: Supreme Court Denies Kim Davis’ Request For Emergency Intervention

She did, however, just re-appeal:

In other words, Davis’ lawyers are trotting out every procedural attempt they can, but likely it will do no good.

So, is she in contempt of court? And what happens next?

First, strangely, there were no reported attempts to get Davis or anyone in her office to issue a marriage license today. 

UPDATE: Breaking: Kim Davis Being Sued By Couple Denied Marriage License Three Times

For Davis to be in contempt of court, Judge Bunning has to specifically rule that she is. Usually that would come after an incident, in this case, a refusal after the deadline has passed. Also, the contempt citation would need to come from one of the five couples who are suing Davis. It does not appear that request has been made.

“In technical terms she probably does stand in contempt, but you have to have a proceeding, and due process requires that she be given an opportunity to show why she shouldn’t be held in contempt,” University of Louisville law professor Sam Marcosson tells WFPL, Louisville’s NPR affiliate public radio news station.

Marcosson does not believe the Supreme Court will issue a stay for Davis.

And if Judge Bunning does rule Davis is in contempt, she could face fines and even jail time. 

Davis, however, cannot be fired, as she is an elected official whose term ends in 2018. The Kentucky State Legislature could impeach her, but they are out of session until January.

“Unless Davis acquiesces or the plaintiffs drop out, the merits of the lawsuit brought against Davis will likely be argued for several months in U.S. District Court,” WFPL’s Ryland Barton reports today. “At that point, the losing party would have the opportunity to appeal the case to the Sixth Circuit Court of Appeals, leading to many more months of litigation.”

For now, it’s a wait and see game.

Stay tuned. 

 

Image: Screenshot of Kim Davis refusing a same-sex couple a marriage license by davidvmoore1976 via YouTube