Kim Davis, the Kentucky clerk locked up for refusing to issue marriage licenses to gay couples, was released from jail on Tuesday.

U.S. District Judge David Bunning said the court was satisfied that since last week, the clerk's office has been issuing marriage licenses "to all legally eligible couples," licenses which have been handled by Davis' deputy clerks.

As part of Davis' release, Bunning directed her not to "interfere in any way" with the marriage licenses now being issued by her office.

Davis' attorney, Mat Staver, did not say whether Davis had any intention to defy the court's ruling.

Staver maintains that the U.S. Supreme Court's ruling on same-sex marriage is not valid, arguing that the court did not have the standing to determine what is legal and illegal in the Constitution.

Judge Andrew Napolitano explained on "Shepard Smith Reporting" that if Staver wants to re-litigate the issue of whether a local country clerk can defy the Supreme Court - and whether same-sex marriage can take place in that county - he's going to lose.

"That issue has already been resolved by the Supreme Court with finality," Napolitano stated.

He explained that Davis got out of jail because they crafted a compromise that the court agreed with.

"If they misled the court or if she changed her mind and there is no compromise, she's going to be back in jail."

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