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LOUISVILLE, KY. – A judge says Kim Davis will be released from jail.

The judge in the case said since deputy clerks are issuing marriage licenses, Davis may leave jail.

Davis has been instructed she may not interfere with deputy clerks issuing marriage licenses.

Davis, a Democrat, asked Kentucky Gov. Steve Beshear, also a Democrat to step in but he refused.

On Sunday, her lawyers appealed the contempt of court motion that sent her to jail five days ago.

Her lawyers said they’d file arguments to back up their appeal later Monday or Tuesday.

Davis was reading the Bible in jail and “exudes gentleness and peace,” Mihet said.

“Her spirits remain high,” he said. “She was brought to tears when she heard that so many people outside the jail and around the country are praying for her.”

Supporters of Davis rallied Monday outside the home of U.S. District Court Judge David Bunning, who found Davis in contempt of court, CNN affiliate WCPO reported, and also outside the jail where she’s being held, CNN affiliate WSAZ reported.

Davis had refused to give licenses to same-sex couples after June’s Supreme Court decision on grounds that issuing the licenses would violate her Christian convictions against same-sex marriage.

Bunning ordered her to jail Thursday, ruling she was in contempt of court for refusing to issue the licenses and not allowing her deputies to distribute them for her. He said Davis would remain behind bars until she complies.

Five of her deputies agreed Thursday to issue marriage licenses in her absence, and the Rowan County Clerk’s Office began doing so the following day.

GOP presidential candidate Mike Huckabee will stop by the jail Tuesday where she’s being held for contempt of court.

Afterwards, he’ll hold an “#ImWithKim Liberty Rally” outside. There will be a lot of traffic, but Kentucky school kids aren’t complaining.

Five schools in area where the jail is located will be closed for the day just to cut down on congestion.