U.S. District Judge David Bunning has said he will not release Davis unless she agrees to obey his order. Davis' attorneys said the only way she would relent would be to change Kentucky's state law so that marriage licenses are not issued under the authority of the county clerk. They claim the licenses that were issued were not valid.
The state legislature will not meet again until January. Democratic Gov. Steve Beshear has refused to call a special session, arguing it would waste taxpayer money to bring the legislature back on an issue that so far only affects one elected official. That means Davis could potentially be in jail for months until the state legislature has a chance to change the law early next year.
James Yates and William Smith were the first couple through the door, pushing through a thick scrum of cameras and microphones to pay $35.50 for a marriage license. They embraced through tears once the deputy clerk, Brian Mason, handed the form back to them and told them "congratulations." Yates, with Smith clutching his arm, dashed across the courtyard to hug his mother.
"Civil rights are civil rights and they are not subject to belief,"said Yates, who had been denied a license five times previously.
That's it in a nutshell. Whether or not the state will let you exercise those civil rights is another thing.