 Bunning ordered Davis and her six deputy clerks to appear before him on September 3 after the six couples sought to have her held in contempt of court. The ACLU asked the court to fine Davis. Bunning ruled in the plaintiffs'favor and held Davis in contempt, remanding her to custody after the hearing. The judge said Davis would remain there until she complied with the court's order to issue marriage licenses. Bunning reportedly said that fines were not an option "because outsiders would pay them for her". Bunning then spoke with each of the deputy clerks who reported to Davis. Only her son, Nathan Davis, told the judge he refused to comply with the court's order to start issuing marriage licenses; Bunning declined to hold him in contempt. After the hearing, U.S. Marshals transported Davis to the Carter County Detention Center in Grayson.
