Over the weekend Mike Huckabee complained that Kim Davis was jailed for doing essentially the same thing as Gavin Newsom, except that where Davis refused to issue marriage licenses to gay couples even though it’s legal, Newsom issued marriage licenses to gay couples while it was illegal in California.
But Huckabee is wrong to compare the two. Unlike Davis, Newsom was never in contempt of court. When the California supreme court’s ruling came down essentially upholding the gay marriage ban, Newsom stopped issuing licenses.
Newsom followed the orders of the court. Kim Davis did not, and that’s why Kim Davis is in jail.