And so Davis consigned herself to jail, sparking a fresh round of legal wrangling and political calculation in the face of the most audacious display of defiance on the issue of same-sex marriage since the Supreme Court declared in June that gay couples had a constitutional right to wed.

On one hand, Davis’s situation is rare. For the most part, even the most ardent opponents of same-sex marriage have followed the law, with gay rights groups reporting that the vast majority of county officials across the country are issuing marriage licences to all couples, gay or straight.

But on the other hand, the prospect of a wife, mother and long-time public servant sitting in jail to defend her beliefs will probably inflame the debate over how to balance the rights of gays to marry with the ability of people of faith to freely exercise their religion.

The plaintiffs in the case, four gay couples who were denied marriage licences, had not asked for jail time for Davis but rather sought stiff fines. During the hearing on Thursday, US District Judge David Bunning said he did not believe fines would be sufficient to compel Davis to follow his order because her supporters could raise money on her behalf.

So Bunning ordered Davis to be taken into custody and ordered five of her six deputy clerks to begin issuing licences to all couples on Friday morning. The lone exception: deputy clerk Nathan Davis, Kim Davis’s son.

“No one wants Kim Davis in jail,” Ria Tabacco Mar, a staff attorney with the American Civil Liberties Union, which is representing the couples, said in a statement. “Our clients simply want to get married in the county where they live and pay taxes.”

Davis’s actions have divided the Republican presidential contenders, most of whom have remained silent on the issue this week. Several candidates who are trying to appeal to the evangelical Christian base pounced, accusing the Supreme Court as well as Bunning of judicial overreach.

“I stand with Kim Davis. Unequivocally,” Republican Senator Ted Cruz said in a statement. “I stand with every American that the Obama Administration is trying to force to choose between honouring his or her faith or complying with a lawless court decision.”

But even some candidates who have expressed concern over government intrusion into religious rights suggested that the principle at stake in the Davis case was not so much religious freedom as a public servant refusing to do her job.

“I have real concerns about ensuring that religious liberty is protected in this country,” New Jersey Governor Chris Christie, a Republican, told reporters during a campaign stop in New Hampshire. “I’ve also said that people who are in government jobs need to do their jobs.”

The Christian legal organisation representing her, Liberty Counsel, probably will appeal the judge’s finding of contempt.

The drama began much earlier in the day, when hundreds of supporters and critics of Davis gathered outside the Carl D. Perkins Federal Building in this town on the Ohio River where Kentucky meets Ohio and West Virginia. Some of Davis’s supporters came from as far away as Oklahoma, and many expressed the view that homosexuality is a sin.

“God’s going to send judgment,” said Gary Potter of South Shore Church of God in Greenup County. “God loves everybody, but if you’re a murderer or a homosexual, you’re going to hell.”

Inside the courthouse, Bunning, a Republican appointed to the bench by President George W. Bush in 2002, made clear that a different tone would reign in his courtroom. Bunning said “personal opinions, including my own, are not relevant to today”.

Still, the proceedings took a deeply personal turn when a tearful Davis took the stand to discuss her religious conversion on January 23, 2011.

“I done a lot of vile and wicked things in my time,” said the clerk, who has been divorced three times. “His mercy touched me that night, and I knew it would never be the same.”

Davis’s stance has increased pressure on state officials, some of whom have called for a special session to adjust state law to accommodate Davis. Some proposals on the table include removing the clerk’s signature line from marriage certificates, or allowing wedding officiants to sign them instead.

But the legislature does not meet until January, and Governor Steve Beshear, a Democrat, has resisted calls for a special session, arguing that it would not be cost-effective to convene the General Assembly simply to accommodate Davis and the two other clerks in the state who are refusing to issue licences.

Some critics have called for Davis’s removal from office, but legal experts say that would be difficult. Davis was elected to her post and therefore has no supervisor who could fire her. She could be removed through a recall election or impeached by the legislature, neither of which seems probable.

Some critics are seeking to have criminal charges filed against Davis, which would make removal easier.

A person held in civil contempt by a federal judge may stay behind bars for up to 18 months, or less if a judge becomes satisfied that the person is no longer disobeying a court order. A person may be held longer if a judge finds the person in criminal contempt and issues a formal sentence.