Rowan County, Kentucky Clerk Kim Davis has been jailed without bail since Thursday for refusing to allow her office to issue marriage licenses to same-sex couples.
Her attorney, Matthew Staver, says that even some people accused of murder are allowed to be free on bail while their trail is pending.
"This woman who hasn't done any crime at all," Staver told Newsmax on Sunday. "She's being held without bail for an indefinite period of time. In fact, one of the U.S. marshals when they were directed by the judge to take her into custody told her he had never arrested somebody who had not committed a crime."
GOP presidential candidate Mike Huckabee told ABC's "This Week" Sunday that there is a double standard for liberals and conservatives when it comes to violating same-sex marriage laws. He pointed to former San Francisco Mayor Gavin Newsome and President Barack Obama's former Attorney General Eric Holder for allowing same-sex marriage when it was illegal, yet suffering no consequences.
U.S. District Court Judge David Bunning has said he jailed Davis without bail in an effort to force her to comply on the U.S. Supreme Court ruling this summer legalizing gay marriage nationally.
Staver, Davis' lawyer, is skeptical that Bunning ever even considered a fine – even though the gay couples seeking the original injuction against Davis specifically requested a fine and not jail time.
The temporary injunction ended at the end of the day August 31, Staver said, and at 10:30 the next morning a motion for contempt was filed. Bunning set a 1 p.m. hearing, allowing only a five-page response, when the rules allow for 20 pages.
When the hearing was held 48 hours later, Bunning already had the jailer – who had to travel from another county – in the courtroom ready to take Davis into custody.