The Kentucky county clerk, jailed for failing to follow a judge’s orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
“She has a very strong conscience and she’s just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,” Staver said. “That simple remedy has simply been ignored by the court and by the governor and that’s what should have been done.
“I think it’s reprehensible that she’s in jail for this when a simple fix could have been easily handled.”
Marriage licenses in Kentucky are required to include an authorization statement of the county clerk issuing the license. Some state lawmakers, as well as the Kentucky County Clerks Association, have suggesting having clerks' names removed from marriage licenses.
Staver said at a news conference this afternoon Davis "has no intention to resign."
“She will never violate her conscience," Staver said to reporters.
In the meantime, five of Davis’ deputies – facing the prospect of jail time themselves – started issuing marriage licenses to same-sex couples at the Rowan County Courthouse today. A sixth clerk, Kim Davis' son, remains a holdout but has not been jailed.
"I don't really want to, but I will comply with the law," deputy clerk Melissa Thompson said in court Thursday, weeping while she stood before the packed courtroom. "I'm a preacher's daughter and this is the hardest thing I've ever had to do in my life.
"I don't hate anybody," she added. "None of us do."
Davis’ stay in jail has not made her reconsider her stance, Staver said.
“One thing about Kim, she may be incarcerated behind the jail bars but her conscience remains free. And just knowing Kim, she’s made a decision and she can’t violate that conscience and she can’t have this collision with her religious convictions,” Staver said.
Davis, an Apostolic Christian who won office last year as a Democrat, wept during her testimony in federal court Thursday, telling the judge she was "always a good person" but that she gave her heart to the Lord in 2011 and "promised to love Him with all my heart, mind and soul because I wanted to make heaven my home."
"God's moral law conflicts with my job duties," Davis told the judge before she was taken away by a U.S. marshal. "You can't be separated from something that's in your heart and in your soul."
Davis stood and thanked U.S. District Judge David Bunning after he ordered her to jail, pausing briefly to search the crowded courtroom for familiar faces before she was led away.
The Associated Press contributed to this report.