Under existing Kentucky law, Kim Davis has a right, as a Kentucky government official, to not take part in issuing marriage licenses to same-sex couples. Under existing US Supreme Court ruling, Kentucky (not Kim Davis or County Clerks in Kentucky) has an obligation to issue marriage licenses to same-sex couples. The proper place to reconcile these conflicting issues is in Kentucky state court.

Kim Davis had and still has the right to seek relief from Kentucky courts. She has not done this.