http://www.cnn.com/2015/09/03/politics/kentucky-clerk-same-sex-marriage-kim-davis/(CNN)Rowan County, Kentucky, clerk Kim Davis was given a second chance: She didn't have to issue same-sex marriage licenses herself; she merely had to agree not to interfere with five deputy clerks who had told the federal judge they'd issue them in her stead.
But Davis' lawyer told U.S. District Judge David Bunning that his client would not allow her deputies to issue the licenses. Davis was not in the courtroom for the second session. She was in a hallway outside.
"We cannot represent to the court that she would allow licenses to be issued," attorney Mat Staver said.
Staver later told CNN's "The Lead with Jake Tapper" that Davis would issue licenses if her name and title were not on them.
"Because that in her understanding and mind is authorizing something that is contrary to her Christian values and convictions," he said. "That's where the conscience rub is."
Earlier Thursday, Bunning remanded Davis into the custody of U.S. marshals for refusing to heed a U.S. Supreme Court order legalizing same-sex marriage, saying she would remain in jail until she complies with the ruling.
Bunning then asked Davis' six deputy clerks whether they would issue the licenses, and despite some of them holding the same religious beliefs as Davis, five told Bunning they would issue the licenses.
During Davis' hearing, April Miller told the court that the clerk had denied her a marriage license three times, and when Davis took the stand to deliver her at-times emotional testimony, she explained that she could not issue the licenses because of her religious beliefs.
"You can't be separated from something that's in your heart and in your soul," she told the judge, according to CNN affiliate WYMT-TV.
American Civil liberties Union attorneys argued in a motion filed Monday that Davis "continues to collect compensation from the Commonwealth for duties she fails to perform."
They said they didn't want her to be jailed as punishment, but rather, the attorneys asked the court to "impose financial penalties sufficiently serious and increasingly onerous" to make her comply with the court order.
Bunning, however, apparently felt she deserved jail time, but he also told Davis she could end her incarceration by complying with the Supreme Court order and telling her deputy clerks to do the same.
He said he didn't believe fining Davis would convince her to comply with the high court ruling, especially considering that Davis had testified earlier that her supporters are raising funds for her and calling her office to offer financial support,