LOUISVILLE, Ky., September 8, 2015– On Tuesday, a judge announced that Kentucky clerk Kim Davis will be released from jail after being incarcerated for five days for refusing to issue marriage licenses to homosexual couples.

The judge who had ordered Davis jailed, David Bunning, stated that he would release her because her office was “fulfilling its obligation to issue marriage licenses to all legally eligible couples.” In his order, Bunning instructed Davis to not interfere “with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”

On Sunday, Davis’ lawyers appealed the contempt of court motion that sent her to jail. Her lawyers said they’d file arguments to back up their appeal on Monday or Tuesday.

[RELATED: Kentucky Clerk Appeals Contempt Of Court Ruling Over Refusing Marriage Licenses]

The three-page federal appeal, filed in the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, claimed that Judge Bunning violated Davis’s right to due process because she had no previous knowledge that she could be sent to jail, as the plaintiffs in the case were seeking only a fine.

Davis, a Democrat, pleaded with Kentucky Governor Steve Beshear, also a Democrat, to step in and free her, but he refused. On Monday, Beshear’s office said he won’t respond, and noted that the conflict was a “matter between her and the courts.”

The judge said he agreed to release Davis because her deputy clerks were issuing licenses. He has instructed her that she is not to interfere with the issuing of marriage licenses.

Presidential candidates Ted Cruz and Mike Huckabee have planned to visit Davis at the jail today.

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