Judge orders Rowan clerk to appear in court Thursday after she again denies marriage licenses

[kay1864]

Source: Lexington Herald-Leader

MOREHEAD — A federal judge has ordered Rowan County Clerk Kim Davis to appear in his courtroom Thursday and explain why she should not be held in contempt of court, according to Rowan County Attorney Cecil Watkins. All of her deputy clerks are supposed to join her, Watkins said.

Early Tuesday, Davis told two couples who asked for marriage licenses that she would not issue them, despite a federal court injunction ordering her to do so.

"Plaintiffs do not seek to compel Davis' compliance through incarceration," wrote William Sharp, legal director for the ACLU of Kentucky, which represents the couples.

"Since defendant Davis continues to collect compensation from the commonwealth for duties she fails to perform, plaintiffs urge the court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis' immediate compliance without further delay," Sharp wrote.

Read more: http://www.kentucky.com/2015/09/01/4014743_rowan-county-clerk-continues-to.html?rh=1

---

Plaintiffs are asking that she be fined, not jailed. But I'm guessing it's the judge's discretion.

Tune in at 11 ET Thursday for the fireworks.

[beac]

1. Why not both?

She's clearly fully aware that she's in defiance of a court order. Why not fine her AND toss her behind bars?

[Jake Stern]

4. She wants jail

She wants her martyrdom and I'm sure that's the reason the plaintiff's lawyers have asked for no jail time.

[beac]

8. She might "want" it if she is thinking it will only be a few days or weeks, but

will she still be so pleased when she is still sitting there months later and everyone has forgotten about her?

Not that I think she's brave enough to tough it out for more than a couple of weeks. She'll resign and then boo-hoo about losing her job to ungodliness.

Unless the fines are enough to bankrupt her and the plaintiffs are able to get ahold of whatever gofundme $$ she gets, I don't think fines alone will be enough of a deterrent to other fundie clerks just chomping at the bit to "martyr" themselves similarly.

[tomm2thumbs]

14. yup, she'll be forgotten very quickly - the base has other Rush Limbaugh projects to work on

she's not young, blonde or FoxNewsworthy - the GOP's protest standards must be met!!

[mysuzuki2]

72. She may well change her mind about "martyrdom"

when she is processed into jail, with the usual cavity searches and other indignities and given an orange jump suit. Too bad, so sad.

[dieter]

11. BINGO! You are so correct. Don't give Liberty Council Propaganda Material.

She and the Liberty Council would LOVE to have photos of her behind bars to use in their campaign against equality. For the Liberty Council it would make great fundraising propaganda.

[beac]

17. I worry that without jail time, she will face no real consequences.

Some gofundme page or rightwing nutjob group will pay her fines and she'll sit home listening to Rush Limbaugh without a care in the world.

Even if it gives the Liberty Council a few photos for a mailer, it might make other fundie clerks think twice about following her example if they picture themselves rotting behind bars.

[jberryhill]

30. I worry that lawyers gotta eat

Putting her in jail doesn't put food on anyone's table.

[mahatmakanejeeves]

47. Hahaha. Thanks. Good one. NT

[OneCrazyDiamond]

77. She may even profit from speaking engagments. n/t

[beac]

84. Sadly, you are probably right about that.

Hate groups seem to have unlimited funds to pay for hate speech.

[csziggy]

86. A comment on another site says GoFundMe won't let her collect

"GoFundMe has a policy against lawbreakers profiting from their crimes...

Comment by sonoitabear following story at: http://americablog.com/2015/08/kim-davis-court-ordered-to-issue-marriage-licenses-refuses-continues-digging-legal-hole.html

I hope they are correct about this!

[mahatmakanejeeves]

97. I thought John Aravosis had given up writing Americablog. NT

[csziggy]

104. I don't follow it - I found it while searching

For "Kim Davis" and GoFundMe.

[Le Taz Hot]

61. Not to mention the millions off the gofundme account

she's about to make for her efforts.

[frylock]

67. So, give her martyrdom. Let the mouthbreathers erect statues of her.

[Monk06]

91. You watch she will be fined and then refuse to pay the fine because that's what almighty gawd wants

She wants her day on the cross

[rdking647]

24. the judge cant

she can fine her or lock her up but not both. its a quirk in the law

[kay1864]

58. True, but in theory...

The Federal judge can fine her, and a State special prosecutor (and jury) can jail her on the official misconduct charge.

Way to go Kim, a twofer!

(hey, I can dream...)

[Thor_MN]

85. Does she continue to draw her salary while in jail?

If not, there's little difference between being fined and not get paid.

[truebluegreen]

51. Let's not make her a martyr to The Cause.

Although it would be nice to set her fine at everything she collects, plus a chunk out of her own pocket...not possible, I'm sure.

[beac]

52. But, if she doesn't face SERIOUS consequnces (jail time, crippling fines)

what is to prevent the next fundie nut job from refusing to perform duties that they think violate their religion?

I am okay with giving her a temporary martyrdom. She will soon be forgotten-- if she is even brave enough to tough out jail for more than a few days. And, if she isn't and resigns instead, it will prove she wasn't such a warrior for Gawd after all.

[truebluegreen]

53. I think there should be serious consequences,

just not jail time. Something that will dip into her pocket, and also not allow her to collect a million dollars for being a bigot. I'm guessing we will have to wait for the civil suits for the latter, though.

[beac]

55. I guess we'll have to agree to disagree.

I still believe she is a coward and putting her in jail will expose that.

Civil suits months down the road will get zero media coverage and will not serve as a deterrent for others so inclined.

[jberryhill]

60. I don't know why the both of you are talking about "civil suits" as some hypothetical future event

The proceeding here IS the civil suit against her.

Where we are at is that the court has issued a preliminary order requiring her to issue licenses. She has, at this point, exhausted appeals of the denial of the stay of that order. She has not, as yet, appealed the order substantively, but has been appealing the denial of the stay as a procedural matter.

But - all that aside - this proceeding IS the civil suit against her (one of several, actually, but this one has gotten the farthest so far).

[beac]

62. I guess I wasn't very clear in what I was saying...

I am concerned that any punitive damages awarded after what will no doubt be months and months of wrangling by those "hungry" lawyers you mentioned above will not get anywhere near the coverage throwing her bigoted butt in jail for contempt RIGHT NOW will.

[jberryhill]

65. Oh, the case will go on

This is just one early order in the case. The case will go on, but her compliance with the order, and proceedings relating to it, won't be held up by that.

[beac]

71. I know. That's why I am hoping the penalty for contempt

sends a strong message. IMO, fines don't do that b/c they will be paid by someone else and she'll be sitting pretty and still at work until/unless KY decides to prosecute her for the Class A misdemeanor of first-degree official misconduct for failing to do her job. And even if she is convicted of that, it doesn't look like she'd lose her job.

The federal judge can't remove her (and the spineless KY legislature is unlikely to impeach her), so what is to prevent her from going right back to her office and continuing to refuse licenses unless she is physically unable to do so?

[KingCharlemagne]

100. The 82nd Airborne occupying City Hall might go a long way to

Ensuring that the laws are faithfully executed. Eisenhower didn't think twice before sending them to Little Rock to compel compliance with federal law around racial discrimination.

[LastLiberal in PalmSprings]

59. Too late, she's already a martyr.

If she didn't see herself that way she'd obey the Constitution that she swore to uphold.

She knows she's not going to win. She's just milking the attention for all it's worth. She probably sees herself as a Christian Rosa Parks.

I would image if she set up a GoFundMe page she'd get a couple hundred thousand dollars for her to pay any fine that may be imposed.

The only recourse is to remove her from her position, by whatever legal means possible. I favor jail. She'll still be a martyr -- out giving speeches at CPAC and Christian Coalition type events -- but at least her proclivities won't affect the rights of the citizens she's supposed to serve.

I bet she'd get re-elected, though...

[saturnsring]

79. Let's? Do we have a say in this?

[hamsterjill]

2. Wow, this is faster than I expected.

Good!

[forest444]

3. This much is obvious: she's gunning for the GOP nomination to something.

It's no secret that McConnell is mulling retirement, what with his advanced age and other problems (http://m.thenation.com/article/186689-mitch-mcconnells-freighted-ties-shadowy-shipping-company).

Me thinks Ms. Davis has some ideas as to who Senator McCocaine's successor should be (and dagnabbit, she might just get it).

[mahatmakanejeeves]

9. The more I think about it, the more I think she is completely clueless.

Is Kentucky’s Infamous Anti-Gay Clerk Getting Taken for a Ride by Her Lawyers?

It won't be Matt Staver getting fined or losing his job.

[forest444]

15. No honor among thieves.

Even so, picture this: Davis is fired and prosecuted for contempt of court, and ends up doing time.

It would be a few months of easy time, and when she gets out - just in time to challenge Runt Paul for his Senate seat - the Kentucky GOP will have found their new folk hero. Church ladies everywhere rejoice!

(I lived in the Deep South for a number of years, and can tell that church ladies - the white ones, of course - are very much the power behind the throne in Southern right-wing politics).

[hack89]

19. She is a Democrat

Democrat Kim Davis is among a handful of clerks who have refused to grant licenses to any couples in order to avoid handing them out to gays and lesbians

http://www.courier-journal.com/story/news/2015/07/02/aclu-lawsuit-rowan-clerks-gay-marriage/29639341/

[forest444]

25. Remember: this is the Bible Belt.

A place littered with "repentant" Democrats who switch parties to get right with GOP.

[Monk06]

92. Wow Nixon missed one

[yardwork]

34. She's just a tool of the anti-gay people.

She's a useful tool for them now. Once they're done with her they'll toss her aside. She will have lost her $80,000 job and her son won't inherit it either. After she resigns the people in the county will quietly elect a replacement.

After a brief flurry of fundraising - most of which will go to the lawyers who are using her - she'll end up with nothing. Maybe an occasional gig on right wing radio as one of the Christian martyrs for the cause.

[forest444]

44. I can just see her a few years from now, somewhere in the Bible Belt,

praying the gay away.

[mahatmakanejeeves]

5. ACLU Files Contempt Of Court Motion Against Kim Davis, Say They Don’t Want Her Incarcerated

This is the same thing:

ACLU Files Contempt Of Court Motion Against Kim Davis, Say They Don’t Want Her Incarcerated UPDATE: Hearing On Motion Set For Thursday

September 1, 2015

The ACLU has filed a federal motion asking that Kim Davis be cited for contempt of court. The motion declares that the ACLU is not seeking to have Davis arrested. From the motion:

Plaintiffs have established a prima facia case, in that they have shown by sufficient evidence that Defendant Davis, in refusing to grant Plaintiffs Miller and Roberts a marriage license following the U.S. Supreme Court’s denial of her most recent (and final) attempt to stay the August 12, 2015, preliminary injunction, has, in fact, violated a definite and specific order of this Court. Because Davis cannot show either that she is unable to comply with the August 12, 2015, order or that she has taken all reasonable steps to comply, this Court is left with no choice but to hold her in contempt. Plaintiffs do not seek to compel Davis’ compliance through incarceration. Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform, Plaintiffs urge the the Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis’ immediate compliance without further delay.

See the full filing.

UPDATE: That was fast.

Excerpt from the filing:

Plaintiffs do not seek to compel Davis’ compliance through incarceration. Since Defendant Davis continues to collect compensation from the Commonwealth for duties she fails to perform, Plaintiffs urge the the Court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis’ immediate compliance without further delay.

Respectfully submitted,
s/ William E. Sharp
William E. Sharp
Legal Director
ACLU OF KENTUCKY
315 Guthrie Street, Suite 300
Louisville, KY 40202
[phone]
[e-mail]

- and -

Dan Canon
Laura E. Landenwich
Joe Dunman
Clay Daniel Walton & Adams PLC
462 South Fourth Street
Suite 101
Louisville, KY 40202
[phone]
[e-mail]
[e-mail]
[e-mail]
ACLU OF KENTUCKY Cooperating Attorneys

Counsel for Plaintiffs

[mahatmakanejeeves]

6. "All of her deputy clerks are supposed to join her, Watkins said."

So who's going to be running the office during that time?

[VMA131Marine]

10. All the deputies can probably be held in contempt as well.

People have a responsibility not to follow illegal instructions from their supervisors.

[tabasco]

12. The judge probably wants them to be there when she throws the clerk's ass in jail

and ask them if they intend to follow the law.

[Monk06]

93. The judge is preempting any attempt at revolving non compliance on the part of the other clerks.

[tabasco]

106. Not to brag, but I nailed this one. n/t

[yardwork]

36. She closed the office this past Saturday anyway.

Her shenanigans are beginning to seriously inconvenience the people of Rowan County, most of whom are probably not happy to have their home depicted this way in international news.

[hamsterjill]

78. One deputy clerk is also her son.

n/t

[Monk06]

94. Ah that fine southern tradition of stacking county elected positions with your relatives.

[mahatmakanejeeves]

98. I think that practice knows no geographical limits. NT

[hamsterjill]

101. Exactly.

Convenient, huh?

[turbinetree]

7. And now the money game begins .......................

she and her band of merry workers that supported her in this escapade should be fined and held in Contempt and then lets see where the bouncing ball falls now on what was ordered by her through the court.

"Plaintiffs do not seek to compel Davis' compliance through incarceration," wrote William Sharp, legal director for the ACLU of Kentucky, which represents the couples.

"Since defendant Davis continues to collect compensation from the commonwealth for duties she fails to perform, plaintiffs urge the court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis' immediate compliance without further delay," Sharp wrote.
She was denying civil liberties for other human beings

[C Moon]

29. They'll probably get hoards of money from the freaks that are backing her up on this.

[turbinetree]

37. I hope the judge says that this comes out of there ......................

pockets and you cannot take contributions too off set your loss, and if you do, they have to been donated to programs that end bigotry and hate


Such as for starters:

http://civilrightsproject.ucla.edu/resources/civil-rights-organizations

[kairos12]

13. Next stop, Faux news program.

[yuiyoshida]

21. You know she is ripe for

Sean Hannity's show..

[jmowreader]

57. Not likely

She doesn't have the Fox News Look(tm).

[Helen Borg]

16. She's got to go...

If she stays, then teacher can refuse to teach certain people, bus drivers to drive certain people, and so on.

[Sam_Fields]

18. I don't think this clerk is mentally fit to hold office. n/t

I was a government admin clerk once and just because I issued someone a permit didn't mean I agreed that they should have a driver's license. I was just doing my job.

[csziggy]

87. She probably thinks her family owns that office

"Davis served as her mother's deputy for 27 years before she was elected as a Democrat to succeed her in November. Davis' own son is one of the six deputy clerks also summoned to appear before Bunning Thursday at the federal court in Ashland."
http://www.cbsnews.com/news/kentucky-clerk-kim-davis-refuses-same-sex-marriage-gods-authority/

It's time someone else runs the county clerk office in Rowan County!

[arcane1]

20. It seems awfully difficult to get fired from that job.

Must be nice!

[niyad]

23. unfortunately, she is an elected official.

[arcane1]

27. I probably should've known that

[niyad]

22. excellent. I have been saying for some time that these people who refuse to do their whole

jobs need to refund the money they are screwing out of the taxpayers.

[Hekate]

26. Wait. I thought she was A county clerk; now you mean she's THE County Clerk? If so....

...that would explain why she's not being processed through Human Resources right now, on her way to being fired for insubordination and failure to perform her lawful duties.

MOREHEAD — A federal judge has ordered Rowan County Clerk Kim Davis to appear in his courtroom Thursday and explain why she should not be held in contempt of court, according to Rowan County Attorney Cecil Watkins. All of her deputy clerks are supposed to join her, Watkins said.


This is the first time I've seen all the capital letters in place. It's typically an elected position, and one with a lot of responsibility (like elections). Now I understand why she's not pounding the pavement looking for a new job. She's going to be a lot harder to get rid of than that, because, like The Mayor, she doesn't really have a boss to fire her immediately.

The plaintiffs are, imo, right to want fines imposed, and not jail. Jail would make this bigot all the more a martyr to the lost cause.

[kay1864]

35. Yep, she would need to be impeached by the state legislature

or voted out, but that would take too long.

I'm guessing if the fines from the Federal judge are onerous enough (and I'm guessing they accrue to her personally, not to the county), she would just resign, since he would likely include additional fines for each license she refuses to issue.

And if she's found guilty of official misconduct, she can be jailed for up to 365 days. Not sure if she still draws a salary if she's in jail (I'm guessing not, or more likely, that there's a provision that you lose your job--even an elected one--if you're jailed on such a charge)

The official misconduct process (a separate process, since it's state-level, whereas the contempt of court is Federal level) will take longer though, since the state Attorney General has to appoint a special prosecutor, then a jury, etc.

Either way...it's schadenfreudelicious!

[rdking647]

28. 2 months salary at 80k a year is 13 k

its been 2 months since the supreme court decision.
i figure 10x that is a reasonable about,so 130k in fines plus 5k a day until she complies. seize her property staring thursday until she pays.

and if idiots start a go fund me account to support her,increase the fine by the amount in the account

[V0ltairesGh0st]

33. Im fine with her going to jail.

ACLU should have stood behind jail time and convinced the plaintiffs of it also. WEAK SAUCE!

I'm hoping the judge has the brass to hammer her with as much hard time as possible.

[yardwork]

42. Nah. We don't need her to be martyred.

[V0ltairesGh0st]

45. That would happen ...jail or fines...

They've already begun the martyr drama, and they will go on to right wing rampage radio no matter what the judge decides, so the judge may as well kick her ass hard and send a message. The opportunity to strike hard now will send a clear message later so these clowns can't shrug it off and try again,or elsewhere. They will laugh at it off otherwise. Time to get real, right now !

[yardwork]

56. Fines will have a serious impact, and deny her the theatre she craves.

Actually, I'm starting to wonder if she's not the one playing the Liberty Counsel. She may not be the figurehead they would have chosen. Too many marriages and divorces, she's a Democrat, not very appealing..... I predict that they will start to distance themselves from her soon, especially if she costs them money.

[LanternWaste]

74. I'd rather justice not be predicated on the popularity of a decision

I'd rather justice not be predicated on the popularity of a decision, as then it becomes less justice, and merely a popularity contest.

[mac56]

46. She wants jail time.

Feeds her "persecuted for standing up for her faith" meme.

[Fritz Walter]

41. Seize her property?

What would the court do with this collection of tornado magnets?

[NutmegYankee]

82. Bring lots and lots of chocolate, marshmellows, and graham crackers!

I'm sure it could produce enough heat for a S'more party.

[Fred Drum]

83. This is actually a very cool structure

in the parlance of our times

[frylock]

68. Just pressure GoFundMe to cancel the account

[Mendocino]

31. This is her

stand in the schoolhouse door moment. We all know how Wallace was judged for that petulant act.

[yardwork]

39. I heard that her daughter is rumored to have stolen someone's dog.

The family sounds corrupt and powerful.

[Vinca]

38. I just read somewhere that this woman has been divorced 3 times.

Ahhhh . . . the sanctity of marriage.

[Warpy]

76. Enough grandstanding can fund a pretty expensive makeover

so she can go looking for #4.

[Mustellus]

40. She can get off the hook easily.....

.. if she brings God with her to vouch for her stand.

[louis-t]

43. Her job is to follow the law and issue licenses

according to the law. If she can't do that, the county should find someone who can.

[riversedge]

48. UMM. IT IS A Federal judge. I have hopes

he she will give her a good smack down and send a message about our Constitution.

[Jean Genie]

49. Who's the judge?

So Kim, why don't you do your duty, STFU, and let god speak for himself. Or is he too shy?

[longship]

50. She issued a license for a transgendered couple earlier this year.

Here:
http://www.democraticunderground.com/10027129685

[MsMAC]

54. I'd vote for jail time and a BIG fine!

[Sunlei]

63. If she will not do her job, fire her and hire someone who will do the job.

Have the Judge tell her, do the job or you're fired.

[Martak Sarno]

64. Pension and benefits?

She's been a public employee for how long...with pension and retirement benefits. 80k a year should have some pretty hefty bread waiting for her.

Plead guilty, apologize and retire off the tax payer's money.

It's the GOP way.

[frylock]

66. Better get your affairs in order..

and bring a toothbrush.

[marble falls]

69. I wonder how long of a contempt sentence her high sense of values will allow her to serve.

[Elmer S. E. Dump]

70. The RWNJ's will raise her fine money. Unless they jail her or fire her, she'll keep it up.

[SwankyXomb]

73. It looks like it's a family job

Her son works in the office, and her predecessor was her mother.

http://www.themoreheadnews.com/news/local_news/fiscal-court-approves-smaller-salary-budget-for-clerk-s-office/article_526ff440-9577-5742-9e34-17c317a9cd3f.html

More detailed info is not available now, as the county website seems to be down.

[csziggy]

88. She worked for her mother in that office for 27 years

Davis served as her mother's deputy for 27 years before she was elected as a Democrat to succeed her in November. Davis' own son is one of the six deputy clerks also summoned to appear before Bunning Thursday at the federal court in Ashland.
http://www.cbsnews.com/news/kentucky-clerk-kim-davis-refuses-same-sex-marriage-gods-authority/

[Monk06]

96. Now we know why she told the couple to stand away from the counter and stop interfering with HER

BUSINESS. They think it's a family owned enterprise.

[complain jane]

75. At this point I think we're all missing the big picture.

Clearly, judging by the grandstanding declarations that homosexuality is sinful, she's salivating over the thought of jail and finally getting some girl action. If this was a guy she would have shown up on Grindr by now.

[Demeter]

80. Why is this woman still employed? She's not doing her job

Let her go work for the church of her choice, if she doesn't want to serve the People who pay her salary.

[happyslug]

90. She holds an ELECTED Position, thus only the voters can "Fire" her

n/t

[Marthe48]

81. WSAZ (Posted: Tue 4:54 PM, Sep 01, 2015)

http://www.wsaz.com/news/headlines/Rowan-Clerk-Ordered-To-Issue-Marriage-Licenses-Again-323007901.html

I was looking for an update and saw this story. There is a statement by the clerk.

[csziggy]

89. Her statement is bizarre

She swore an oath to perform her duties as County Clerk and obey the laws of the county, state and country - NOT the archaic crap someone derives from parts of the Bible to support their bigotry.

Where is that video from Betty Bowers? Ah - here she is, explaining "traditional marriage":

[Marthe48]

95. The whole thing is bizarre

And while this goes on, so many other things are just slipping by, under the radar

[cannabis_flower]

99. Seems to me...

She has 3 choices. Issue the marriage licences, resign or suffer whatever the consequences.

[EndElectoral]

102. Love the Kentucky Oath for all Officers of Kentucky - Section 228 of their constitution

Section 228 oath

"Members of the General Assembly and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of .... according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."

30A.020 Oath of clerk and deputies.
Every clerk and deputy, in addition to the oath prescribed by Section 228 of the Constitution, shall, before entering on the duties of his office, take the following oath in presence of the Circuit Court: "I, ....., do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God." The fact that the oath has been administered shall be entered on the record of the Circuit Court.

[workinclasszero]

103. Shes going for the big prize

She will get sacked eventually and then cash in on the "persecuted for my faith" fiction.

Teabag republican dominunists will throw barrels of money at the 4 times married holy saint woman.

Shes a guaranteed millionaire soon.

The right is in effect, one big mass of rubes begging to be suckered out of their money and theres no shortage of prosperity preachers and grifters like Palin ready to shear the sheep.

This massive hypocrite will be the next to cash in.

[csziggy]

105. Why hasn't a county judge stepped up to issue licenses?

In checking out the duties of the county clerk (http://www.lrc.ky.gov/lrcpubs/ib114.pdf) I found this provision:

Marriages
County judges/executive may perform marriage ceremonies. They may also authorize justices of
the peace and fiscal court commissioners in their respective counties to perform marriages
(KRS 402.050). In the absence of the county clerk, the county judge/executive may issue a
marriage license (KRS 402.240).
http://www.lrc.ky.gov/lrcpubs/ib114.pdf

Oh yes, her oath of office reads as follows:

Section 228. Oath of officers and attorneys. Members of the General Assembly and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of _________________ according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God.
Page 40
http://www.lrc.ky.gov/lrcpubs/ib59.pdf

So she swore to her god that she would support the Constitution of the United States - that means she swore to abide by the decisions of the US Supreme Court. She is now violating her oath to her god!