Attorney: Rowan County Clerk’s conscience has not changed despite jailtime

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MOREHEAD, Ky. (WTVQ) – Rowan County Clerk Kim Davis was not at work Wednesday, a day after being let out of jail.

Her deputy clerks still issued marriage licenses including to a same-sex couple who came all the way from San Francisco to make a statement.

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The question is: when Davis does go back to work, will she interfere with the issuing of marriage licenses to same-sex couples, once again defying a federal judge’s order?

ABC 36 asked Harry Mihet, one of Davis’ lawyers that direct question and got some objective insight into all of this from a University of Kentucky law professor.

Mihet says six days in jail did nothing to change her mind about same-sex marriage and issuing marriage licenses to same-sex couples. He says she won’t be back to work until Monday morning.

A U.S. District Judge released Davis from jail Tuesday since the couples who were suing her got their marriage licenses from her deputy clerks.

As part of her release, the judge wrote:
“Defendant Davis shall not interfere in anyway, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered.”

The judge did not go into detail about appropriate sanctions could be.

“If she holds true to her conscious, we could see a repeat of what occurred on Thursday,” said Allison Connelly, UK law professor. “The principle thing to do would be to resign her position, in some senses you can’t have your cake and eat it too.”

When asked what Davis will do when she returns to work, Mihet said, “that’s a decision that Ms. Davis will make and we’ll have to wait and see what happens. What I can tell you is what’s she’s already said to everyone, including the court, and that is: she cannot violate her conscience, she will not violate her conscious.”

He added, resigning is not an option.

One deputy clerk says he will not listen to Davis even if she tries to stop him from issuing marriage licenses.

The judge wants an update every two weeks to make sure Davis isn’t interfering.