Kim Davis is the Kentucky county clerk that has refused to issue marriage licenses to gay couples. As a matter of fact she hasn't been issuing them to anyone and is being sued by two gay and two heterosexual couples.
Basically Davis is claiming religious freedom. She claims that issuing a marriage license which "conflicts with God's definition of marriage" "would violate my conscience." She has also expressed the position that this is a "Heaven or Hell" decision for her.
"To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment..."
There are several issues with Davis' position.
The first issue is there is a legal difference between the person of Kim Davis and the person of the Rowan County Clerk. Davis is protected under the 1st Amendment but the county clerk is not. The county clerk has to obey the law. Davis cannot extend her religious beliefs unto the legal person of the county clerk.
The second issue is the marriage we're talking about is a civil marriage which is a construct of the state. It's essentially a legal contract. It is a secular state issue that "God" has nothing to do with.
The third and final issue is that obeying the law, as required by Romans 13:1-5, would not in any way reflect upon Davis' opinions, beliefs or conscience. Romans 13:1-5 is essentially a "get out of jail free card" for members of the church living under oppressive or heretical regimes.
Davis is also probably getting lousy advice from her lawyers since seeing her in jail better fits their agenda.
And that's where Davis is at the moment. In jail. In the meantime her deputies at the county clerk's office were given the option by Judge Bunning of joining her in jail or issuing the marriage licenses.
Apparently all but one of the deputies agreed to do their job. One, her son I believe, demurred. Whether he will join his mother in jail is unclear but as long as someone is obeying the law and issuing licenses it's really not necessary.
Of course the Right Wing is going ape shit over this and comparing her to Martin Luther King and Rosa Parks. I think they're glad she's in jail as they think it gives them a potential martyr and a rallying point.
I suspect in the final analysis this is going to backfire on them since there are still a lot more sane people in this country than bat-shit crazy ones and they expect public officials to obey the law or resign.