“The idea of natural law superceding this court’s authority would be a dangerous precedent indeed,” U.S. District Judge David L. Bunning told Rowan County clerk Kim Davis.
Turns out she's an elected official, which I hadn't realized. The government can't just fire her: she occupies the office by popular mandate. So jail it is, until and unless she submits to the will of the Federal courts.
UPDATE: On reflection, if that is the judge's reasoning, this is a case that really deserves appeal. There's an argument that natural law absolutely must supersede the court's authority because it is the source of the court's authority. The argument goes like this:
1) The Declaration of Independence states that breaking away from the British was justified by a decision to assume the separate and equal status to which "the Laws of Nature and of Nature's God entitle them."
2) The Declaration of Independence further states that the justification for the forming of this or any government is to protect rights from the "Creator," and that any government that becomes destructive of this defense of natural rights may be altered or abolished -- that is, superseded.
3) The US Constitution is only one such government, and indeed the second iteration of the project declared by the Declaration of Independence. It does not have authority separate from the appeal to the Laws of Nature and Nature's God cited in the Declaration.
4) Therefore, the Laws of Nature and Nature's God very much do supersede the decisions of this or any Federal court. Not only the court but the Federal government exist only to guard the rights that also are rooted in the Creator's laws.
5) Since the Constitution is justified as an iteration of this claim, the antiestablishment clause of the First Amendment must be read as not in conflict with the claim. No government can have a just power to violate the Laws of Nature and Nature's God under the terms of the Declaration, and this government is only the second iteration of the Declaration's project.
The Federal courts need to show not that they are independent of, let alone superior to, natural law -- they cannot be. They need to show that this project is in accord with natural law.
See also this paper, which inspired my line of thinking, and which is subtitled, "Why the Constitution
is a Suicide Pact." By similarly deriving all Constitutional powers from the claims of the Declaration, he finds that there are some things that the Constitution cannot allow us to agree to even if it means our national destruction -- for example, abrogation of natural rights. If that argument is right, so is this one.