It is a joke that the system in KY gives some clerk so much power, but that is the way it is. I have no dog in this fight. But the reason I think that she has a prayer-or good reason for her claim is because she already was in office on 6/26/2015 when the US Supreme Court ruled, and her job not only requires that she issue licenses like some motor vehicle employee, it is also her duty to endorse those gay marriages.
She is not being detained for refusing to violate her First Amendment Rights, and she is not being detained for not doing her job and she is not being detained for discrimination, she is being detained for willfully violating a Court Order, Contempt of Court.. And she is still in power, so it seems. Imagine that!