Kentucky
clerk faces judgment day in same-sex marriage dispute
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[September 03, 2015]
By Steve Bittenbender
ASHLAND, Ky. (Reuters) - A county clerk in
Kentucky who has refused to issue marriage licenses to same-sex couples
based on her religious beliefs heads to court on Thursday where a
federal judge could hold her in contempt for defying his order to do so.
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Lawyers for Kim Davis, the elected Rowan County clerk who is an
Apostolic Christian, on Wednesday asked U.S. District Judge David
Bunning to temporarily block his order requiring her to issue
marriage licenses while she appeals the issue.
Davis has refused to issue licenses to any couples, gay or straight,
since the U.S. Supreme Court in June ruled that same-sex couples
have the right to marry under the U.S. Constitution.
Four couples filed a federal lawsuit in July challenging her office
policy not to issue licenses and Bunning in August ruled for the
couples, finding that Davis had to live up to her official duties as
a county clerk despite her religious beliefs.
Davis has appealed his order to the U.S. Court of Appeals for the
Sixth Circuit, which turned down her request for a stay pending
appeal last week. The U.S. Supreme Court on Monday also turned down
her request for an emergency stay.
Davis has refused since the Supreme Court order this week to issue
marriage licenses and same-sex couples on Tuesday filed a motion
asking Bunning to hold her in contempt of court, seeking fines but
no jail time.
"To me this has never been a gay or lesbian issue," Davis said in a
statement this week. "It is about marriage and God's word. It is a
matter of religious liberty."
The American Civil Liberties Union of Kentucky, which represents the
couples seeking the contempt order, said on Tuesday the law is
clear. "The duty of public officials is to enforce the law, not
place themselves above it," it said.
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Davis is represented by Liberty Counsel, a Florida-based Christian
religious advocacy organization, which said in court papers on
Wednesday an injunction would halt the "irreversible implications on
Davis' conscience" while she appeals the case.
Kentucky Governor Steve Beshear, a Democrat, ordered all county
clerks to issue marriage licenses to same-sex couples, but has no
authority over Davis' office.
(Reporting by Steve Bittenbender in Ashland, Kentucky; Writing by
David Bailey; Editing by Lisa Shumaker)
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