Thoughts in a Haystack

Well, Kim Davis got what she desperately wanted.

She is now a faux martyr.

Federal Judge David Bunning has ordered her civilly confined until she is willing to comply with the court's order to have her office resume issuing marriage licenses. Interestingly, the plaintiffs' filing asked that she not be confined but merely fined (probably anticipating that the the right wing fever swamps will use this to make her into a “martyr” and claim that this is the beginning of the “criminalization” of Christianity). But Judge Brunning stated that mere fines would not be sufficiently coercive because she was already receiving monetary support from outside sources to pay them. So he chose confinement instead. Davis even said “Thank you, judge” as she was being led away.

She is not been subjected to a criminal penalty, it is purely civil and, in a nice phrase the courts use, “she has the jailhouse keys in her pocket.” All she has to do is agree to obey the order and she will be freed. Indeed, she had that opportunity within hours of her being held in contempt. Five of her six deputy clerks (the only hold out is Davis' son … there is a fine tradition of nepotism in Rowan county, as Davis was a deputy clerk under her mother for 30+ years before she was elected to the post) are willing to to issue the licenses. As long as she agreed not to interfere with them doing her job, she would be freed. But she refused because her name appears printed on the form (as the county clerk) she would still somehow be “authorizing” same-sex marriages. Magical thinking at its finest.

So, she will stay in jail, where she can't stop her deputy clerks, and the issuance of licenses will resume on Friday.

I hope she enjoys that Crown of Thorns Publicity.