Supporters, protesters rally outside office of Rowan County Clerk Kim Davis

A crowd has formed outside the clerk's office in Rowan County.

ROWAN COUNTY, Ky. (WKYT) - This isn't the first time there have been protesters here as the Rowan County Clerk's office opened. But the crowd typically gets smaller; this one might be growing.

After Kim Davis's refusal to issue marriage licenses Tuesday, she could be facing a fine or possible jail time. That's if U.S. District Judge David Bunning decides she's in contempt of his order that she must issue marriage licenses.

Earlier Tuesday, ACLU attorneys filed a motion asking Bunning to find her in contempt. The motion said they didn't want her to get jail time, rather fines.

Bunning's office said he is reviewing the case right now they also said they aren't commenting further on the case because it is still active.

Rowan County attorney Cecil Watkins said a hearing has been set for Thursday in federal court in Ashland to determine whether Davis is in contempt.

Protesters outside of the courthouse have lined up to both support and criticize Davis.

Irving Whicker, another Davis supporter, said the Supreme Court "does not know the bible or the constitution."

"If they will read the bible or constitution is says freedom of religion, not from religion," Whicker said.

Randy Smith, a Davis supporter, said he is thankful Davis has "stood by her conviction."

"We need people of conviction," he said.

But those on the other side of the sidewalk said Davis should do every part of the job she was elected to. They think a hearing scheduled for Thursday could be the end of the ordeal.

They are hoping she opens her heart up, hoping she realizes that there's nothing more she can do.

"She put up a good fight and I commend her for sticking up for what she believes in," one person said.

Nashia Fife of Rowan Co. Fairness said "What we've seen from two months to today has been light speed so I anticipate she could be on the docket within a week or two."

Davis could be facing state penalties.

Last week, the Rowan County Attorney asked the state attorney general to appoint a special prosecutor who might consider a charge of official misconduct against Davis. They said they couldn't prosecute her because they're involved in that original lawsuit with Davis.

Watkins says he doesn't expect a decision from the attorney general until later this week.