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Kim Davis Stay Behind Bars Essay

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A Kentucky county clerk’s office will issue marriage licenses once again on Friday after a federal judge placed the defiant clerk into the custody of US marshals for denying an order to provide the paperwork.
In a winding five-hour hearing on Thursday, five of six deputies at Rowan county clerk Kim Davis’s office told US district Judge David Bunning they would comply with his order – grudgingly, in some cases, with one saying it was the “hardest thing” to have to do.
Their acquiescence opened a door Thursday afternoon for Davis to be released, a resolution Bunning sought after placing the the 49-year-old clerk behind bars. The judge said they were free to follow the law despite the contention of Davis’s attorneys that they could not act without …show more content…
“Kim Davis is being treated as a criminal because she cannot violate her conscience. While she may remain behind bars for now, Kim Davis is a free woman. Her conscience remains unshackled.”
The length of time Davis will stay behind bars is – for now – at her own discretion.
It’s not rare for someone to be jailed for contempt of court but it’s unusual for people to “refuse to comply with court orders”, said Adam Winkler, a UCLA law professor.
“The purpose of contempt is not punitive; the goal is not to punish the person, merely to enforce the court’s order,” Winkler told the Guardian. “The court is trying to gain compliance with its order. Sometimes threatening someone with jail is going to be the only thing that will prompt compliance.”
Winkler said Judge Bunning may have been concerned that Davis could have raised funds to cover any financial penalties he assessed, “and thus the fines would not have their coercive effect”.
Davis could remain in jail for years, Winkler said. He recalled a case where an individual jailed for contempt stayed locked up for 14 years. Eventually, he said, a judge will consider whether incarceration will “coerce compliance with the

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