Maybe unwittingly, Kim Davis was following Kentucky law.
so what, Alabama had anti miscegenation laws on the books until 2000, the Loving Ruling came in 1967. Some states still have blue laws, 7 states still legally prevent atheists from holding public office, these laws have all been ruled unconstitutional by the courts which while unelected it is also constitutionally their designated role
what's on the books and what will hold up in court are very often wildly different things