MOREHEAD — Kim Davis was ordered to face a federal judge in Ashland after she defied a second U.S. Supreme Court decision on same-sex marriage.

The Rowan County Clerk’s Office was open Tuesday but continued to reject requests by couples seeking a marriage license.

Supreme Court Justice Elena Kagan denied Davis’ request for a stay on the Supreme Court decision allowing same-sex marriage late Monday night.

But Davis remained strong in her stance not to issue licenses.

Nashia Fife of the Rowan County Rights Coalition contacted the American Civil Liberties Union after Dr. April Miller and Karen Roberts were denied a license.

The ACLU represents four Rowan County couples suing Davis for refusing to issue marriage licenses.

“ACLU did file a motion for contempt of court,” said Rowan County Attorney Cecil Watkins. “Davis and all the deputy clerks must appear at the hearing.”

On Thursday morning at 11, Davis and the clerks are scheduled to face a federal judge in Ashland.  

If Davis is found in contempt of court, penalties include fines or jail time. But even if Davis is incarcerated, she will remain county clerk because she is an elected official.

The people of Rowan County can impeach Davis, but that process could take several months.

Religious freedom supporters prayed in front of the clerk’s office before it opened Tuesday morning. Equal Rights advocates stood adjacent to the supporters. Both groups waved flags and signs as they shouted their beliefs.

When the office opened at 8 a.m., Roberts and Miller walked inside. The couple was turned away after requesting a marriage license for the fourth time.

Davis remained in her office with the doors closed and blinds drawn. David Ermold and David Moore of Rowan stepped to the counter next.

“Tell [Davis] to come out and face the people she refuses to serve,” Moore told a deputy clerk.

Davis emerged from her office. She smiled as she approached the couple and proceeded to argue with them for several minutes.

“Don’t smile at me,” Ermold told Davis.

“Why shouldn’t I smile? I’m not being disrespectful to you,” Davis told Ermold. “I’ve always been nice to you David,” Davis told Ermold. “Who cares if you’re nice?” said another man seeking a marriage license.

“Would you do this to an interracial couple?” a member of the crowd asked Davis.

“If they were a man and woman,” said Davis.

After Ermold and Moore asked how Davis could continue to deny marriage licenses and under what authority, Davis told the couple “under God’s authority.”

Shouting from both religious freedom supporters and same-sex marriage advocates continued.

“Do your job!” chants repeatedly drowned out the words “Stand firm Kim!”

“You’re putting words in my mouth,” Davis told the couples. “I’m willing to face my consequences as you all will face your consequences when it comes to Judgment Day.”

Davis told the crowd “there is a remedy to this” if Gov. Steve Beshear “would do what he is supposed to do.”

Davis filed a lawsuit against Beshear on Aug. 4 for infringing on her religious freedom.

“The Supreme Court settled all of this already,” said a member of the crowd.

After several more minutes of quarreling, Davis asked the protesters to “step back away from the counter and be respectful.”

She said she needed to return to her office and “get some work done.”

The clerk’s office quieted 30 minutes after it opened. protesters filed out of the door and resumed their positions.

Serena Smith of Morehead said Davis was “harassed” by the equal rights advocates.

“I was shocked and disgusted. Christianity is not something you do. It’s who you are. I’m so proud of her.”

“She’s a child of God,” said Robert Kemp of Fleming County. “We’ve got to do what God tells us to do.”

Chris Hartman from Louisville-based Fairness Campaign said Davis should realize “she’s not blessing the union” of same-sex couples if she issues their marriage license.

“I think her attorneys gave her bad advice,” he said. “I think she’s gonna rack up some penalties.”

Andrew Adkins and Rachel Adkins are students in the Morehead State convergent media department.