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KY Clerk Kim Davis Loses Fight Against Same-Sex Marriage, Could Face Criminal Charges

Kentucky's Attorney General is considering whether Davis violated state misconduct statutes, a misdemeanor punishable with up to a year in prison.

On Monday evening, the Supreme Court told Rowan County Clerk Kim Davis she had to grant marriage licenses to same-sex couples.

Gee, most of us don't need an order from the highest court in the land to do our jobs—but there you go.

“The application for stay presented to Justice Kagan and by her referred to the Court is denied,” read the one-sentence directive.

Davis’ attorney has yet to issue a statement as to whether she'll risk contempt of court charges by continuing to deny licenses to gay and lesbian couples.

“By refusing to simply issue a form, Rowan County Clerk Kim Davis has prevented our clients, four loving couples, from obtaining marriage licenses in the county where they live and pay taxes,” the ACLU's Steven Shapiro said Monday. “Davis has no basis for any further delay.”

Meanwhile the Kentucky Attorney General is considering whether or not to appoint a special prosecutor to determine whether Davis violated state misconduct statutes when her office refused to issue a license to James Yates and Will Smith.

Such an offense is punishable by up to 365 days in jail.

Yates and Smith, who have been denied a marriage license by Davis three times, have asked Rowan County Attorney General Jack Conway to prosecute Davis.

“Kim Davis is no criminal," countered her lawyer, Roger Gannam. "It has never been a crime to exercise the rights of conscience guaranteed by the U.S. and Kentucky constitutions and the Kentucky Religious Freedom Restoration Act.”

Davis insists she cannot issue marriage licenses to same-sex couples because of her religious beliefs, and cannot allow her staff to do so because the forms bear her signature.

She maintains couples can go to adjoining counties. In an August ruling, a judge disagreed.

“Our form of government will not survive unless we, as a society, agree to respect the U.S. Supreme Court’s decisions, regardless of our personal opinions.” read the opinion. “Davis is certainly free to disagree with the court’s opinion, as many Americans likely do, but that does not excuse her from complying with it.”

Of course, opponents of marriage equality are treating the matter like a apocalyptic battle for the Earth. “It’s actually about the future of our nation,” said Louie Whitt, who is outside the Rowan County courthouse, fighting against the freedom to marry.

Kentucky governor Steve Beshear ordered all county clerks to issue licenses to same-sex couples immediately following the Supreme Court's watershed ruling on June 26.

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