ACLU calls for Kentucky county clerk to be held in contempt over refusal to issue marriage licenses

Published 7:15 am Tuesday, September 1, 2015

Rowan County Clerk Kim Davis tries to push the crowd away from her counter Tuesday, September 1, 2015, 2015, after again refusing marriage licenses in Morehead, Ky. Photo by Samantha Fangman/For The Independent

An embattled Kentucky county clerk again refused to issue marriage licenses this morning, citing “God’s authority,” despite the U.S. Supreme Court ruling against her.

“I’m not issuing licenses under God’s authority,” Rowan County Clerk Kim Davis said.

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Davis risks fines or even possible jail time with her decision.

Davis cited her Christian conviction and opposition to same-sex marriage when she stopped issuing all licenses in the wake of this summer’s landmark decision by the Supreme Court legalizing same-sex marriage across the country. She has maintained her refusal despite multiple rulings against her, including the Supreme Court’s denial of an emergency stay in her case. 

Lawyers will the American Civil Liberties Union have filed a motion to have Davis held in contempt for violating the court’s order. Heather Weaver, an ACLU senior staff attorney said a hearing is set for Thursday where they will ask a judge to impose “fines that are sufficient to induce her to comply with the order.” 

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“We expect Ms. Davis to comply with the court’s order and rule the law and do her job,” Weaver said. “We will continue fighting until she does.” 

Davis said, in a statement issued Tuesday saying that she is honored to serve in her office and loves her job but that the choice not to issue marriage licenses is a “decision of obedience.”

“To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience,” she said. “It is not a light issue for me. It is a Heaven or Hell decision.”

Davis took the position that declining to issue licenses to all couples, straight or same-sex, would meet her legal obligation.

Four couples, two same-sex and two straight, sued Davis saying that she should perform her duties as the court ordered, despite her opposition. Davis was then ordered to issue the licenses by a federal judge, appealed and lost. 

Since then, her small community of Morehead, Kentucky has been the site of multiple protests, both in support of and in opposition to her choice. 

The appeals court ruled an officeholder may not decline “to act in conformity with the United States Constitution.”

On Friday, Davis’ lawyers submitted a request for an emergency stay to the Supreme Court and Justice Elena Kagan, 6th district, referred the case to the full court. 

The Supreme Court ruled against her late Monday night without additional comment. The court’s decision leaves Davis with the option to step down from her job, issue marriage licenses to all qualified couples or potentially face legal consequences. 

The Ashland, Kentucky Independent contributed to this story.