At 48, Kim Davis is the right age to have been infused with Rocky III theme Eye of the Tiger as a go-to psych-up anthem. But members of Survivor, the band that wrote and recorded the 1982 hit, aren't happy that the song played Tuesday as the embattled Rowan County Clerk was released from jail, where she had been confined on a contempt of court charge.
"I was very surprised and dismayed at the misuse of the song I co-wrote with Frankie Sullivan for Rocky III," Survivor co-founder and song co-writer Jim Peterik said in a statement to Billboard magazine. "The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately."
Survivor frontman Sullivan took to Facebook to say, "NO! We did not grant Kim Davis any rights to use (The Eye Of The Tiger). I would not grant her the rights to use Charmin!"
TMZ reported the band is considering legal action.
Davis has refused to issue marriage licenses since a United States Supreme Court ruling in June legalized same-sex marriage nationwide. She said issuing marriage licenses to same-sex couples conflicted with her beliefs as an Apostolic Christian.
She was jailed last Thursday after refusing to comply with U.S. District Judge David Bunning's order to issue marriage licenses or allow her staff to issue them.
The situation has garnered nationwide attention, and Tuesday, Republican presidential candidates Mike Huckabee and Ted Cruz both went to Grayson, where Davis was being held, to rally for her support. Huckabee was on stage with Davis when she was released, and Survivor's iconic anthem played.
It is far from the first time bands have gotten in disputes with political figures over their music being played at rallies. Recently Neil Young and Donald Trump have been in a dispute over Republican presidential candidate Trump's use of Young's Rockin' in the Free World at campaign events.