Updated at 5:30 p.m. ET to include Davis' mugshot
Kim Davis, the county clerk in Rowan, Kentucky, who refused to issue marriage licenses to same-sex couples, has been found in contempt of court and ordered to jail.
U.S. District Court Judge David Bunning ordered Davis remanded into U.S. Marshall custody until she complies with his order to issue the licenses as her job requires. “The court cannot condone the willful disobedience of its lawfully issued order," Judge Bunning said as he issued his decision.
"If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems.”
Judge Bunning said he does not lightly send Rowan Co clerk to jail. But "in this country, we live in a society of laws." ^JC— Bluegrass Politics (@BGPolitics) September 3, 2015
"Our system of justice requires citizens - and significantly, elected officials - to follow the rules of the courts," Judge Bunning says.— Bluegrass Politics (@BGPolitics) September 3, 2015
Bunning also said he didn't think fining the defiant Kentucky clerk would be sufficient to compel her to comply with his order to issue marriage licenses, since her supporters were likely to raise money on her behalf.
Since Davis has been ordered to remain in jail until she agrees to comply with the Supreme Court ruling legalizing same-sex marriage, the job of issuing marriage licenses now falls to Davis' deputy clerks.
Five of the six deputy clerks in Rowan County have agreed to issue marriage licenses to same-sex couples, though the legality of this arrangement is not entirely clear under Kentucky law. The lone hold-out refusing to comply with the order is Davis' son.
#KimDavis: The only deputy who has not agreed with judge is her own son, who works under her in the office.— WOWK 13 News (@WOWK13News) September 3, 2015
When given a chance by the judge to comply with the plan to allow the deputy clerks to issue the licenses -- and to purge her contempt charge -- Davis refused, effectively choosing jail instead. Judge Bunning also warned that any couples getting licenses issued from a deputy clerk would do so at their own risk, since the license may not be legally binding without the clerk's signature.
Nevertheless, Davis' deputy clerks have been authorized by the judge to start issuing licenses at 8 a.m. on Friday.
A first look at the mug shot for #RowanCounty clerk, #KimDavis booked into the #CarterCounty Jail. @LEX18News pic.twitter.com/avmK1ezRzC— Josh Breslow (@JoshBreslowWLEX) September 3, 2015
Two 2016 GOP presidential candidates - Bobby Jindal and Mike Huckabee -- voiced support for Davis in the immediate aftermath of the decision with others quickly following suit.
Kim Davis in federal custody removes all doubts about the criminalization of Christianity in this country. We must defend #ReligiousLiberty!— Gov. Mike Huckabee (@GovMikeHuckabee) September 3, 2015
White House spokesman Josh Earnest, meanwhile, issued a statement in support of the move to jail Davis.
WH spokesman Josh Earnest on #KimDavis: success of our democracy depends on rule of law & there is no public official above the rule of law— Aru Pande (@aru_pande) September 3, 2015
At Thursday's hearing, Davis testified for about 20 minutes before she was remanded and was emotional, discussing when she became a Christian. "You can't be separated from something that's in your heart and in your soul," she told the judge.
One of the plaintiffs in the gay marriage case in Kentucky also testified. April Miller said that she had voted for Davis, who later refused to sign her marriage license. Miller, a professor at Morehead State, said the past two months had been demoralizing for her and her partner. She was asked during a court hearing Thursday whether a license would validate her marriage.
"Yeah, that's what marriage is about -- to show other people you are in a long-term relationship," she said. "It is legitimized."
Miller said when she went to get a license Tuesday, a deputy clerk told her she could go to a different county to obtain it. She interpreted that to mean she and her partner were not welcome in their home county, giving her the impression that "we don't want gays or lesbians here. We don't think you are valuable."
Additional reporting by The Associated Press