Judge Orders Ky. Clerk Who Refused Gay Marriage Licenses Be Released from Jail

A U.S. district judge ordered that Kentucky county clerk Kim Davis be released from jail immediately after she was held in contempt for refusing to issue marriage licenses to same-sex couples.

Kentucky Attorney General Jack Conway said this week that Davis should be released, adding that there is no reason to bring in a special state prosecutor for the case.

Conway added that Judge David Bunning, who initially held Davis in contempt, is in charge of the situation.

"Judge (David) Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time," Conway's communications director Allison Martin said in a statement.

Davis was jailed last week, and has said via her husband and lawyers that she planned to stay in jail until the issue could be resolved without her having to give up her religious freedom rights.

Over the weekend, Davis filed an emergency injunction to be released from jail, requesting that she be made exempt from having to issue same-sex marriage licenses.

Bunning said in a statement on Tuesday that Davis was allowed to be released because her deputy clerks have successfully issued marriage licenses to both gay and straight couples while she was in jail.

The judge added that Davis is to not interfere with her clerk's office issuing same-sex marriage licenses.

"The court is therefore satisfied that the Rowan County Clerk's Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples, consistent with the U.S. Supreme Court's holding in Obergefell and this court's August 12, 2015 order," Bunning said. "For these reasons, the Court's prior contempt sanction against Defendant Davis is hereby lifted."