By making a statute requiring all citizens to marry to have a marriage certificate issued by a county clerk, this in itself has given the citizens “due process” rights under the U.S. Constitution’s 5th Amendment as applied to the states by the 14th Amendment.
Therefore, by refusing to issue marriage licenses to straight & gay persons, Davis has violated her oath of office to uphold Kentucky law or violated due process. That is a crime called official misconduct in Kentucky for which she should be arrested.
In addition, as the couples complained to the federal court that their due process was violated & the judge ordered Davis to stop violating due process & she refused, he rightly held her in contempt. She was released because her assistant clerks legally issued the licenses in her absence, as the Kentucky law allows.
Now that she has altered the documents that Kentucky law says she must use, as they by law are issued by another state agency, she has actively interfered with the federal judge’s order not to interfere.
402.100 Marriage license — Marriage certificate. “Each county clerk shall use the form prescribed by the Department for Libraries and Archives when issuing a marriage license”