The Supreme Court has rejected Rowan County Clerk Kim Davis’ bid for “asylum for her conscience”. The succinct order was released Monday night and simply read,
The application for stay presented to Justice (Elena) Kagan and by her referred to the Court is denied.
After same-sex was legalized across the United States, Davis stopped issuing marriage licenses to opposite-sex couples and same-sex couples alike, citing her religious beliefs. Two gay couples and two straight couples sued her, demanding that she comply with the law. A federal judge agreed, and the Sixth Circuit Court of Appeals ordered her to issue marriage licenses to same-sex and opposite-sex couples. Davis then filed an emergency appeal with the Supreme Court, which resulted in the decision released Monday night.
Davis’ lawyer, Mat Staver, said that Davis will “report to work tomorrow, and face whatever she has to face”. “Whatever she has to face” may include criminal charges. The Rowan County Attorney’s office has filed official misconduct charges against Davis for failing to preform “a duty imposed upon by law or clearly inherent in the nature” of her role as County Clerk.
Since the County’s Attorney’s office is currently involved in a different legal matter with Davis, it’s up to the Attorney General’s Office to decide whether to appoint a special prosecutor to investigate these charges. Special prosecutors are appointed when the County Attorney’s office has a conflict of interest with the person they want to charge.