SCOTUS denies Kentucky county clerk’s stay request

Published 6:30 am Tuesday, September 1, 2015

Protestors support County Clerk Kim Davis.

The U.S. Supreme Court ruled Monday against a rural Kentucky county clerk who has refused to issue marriage licenses to gay couples, citing her religious beliefs, leaving her with the option to step down from her job, issue marriage licenses to all qualified couples or potentially face legal consequences on Tuesday. 

According to the Associated Press, couples plan to meet Rowan County, Kentucky Clerk Kim Davis at her office in the morning to see which she will choose. The Rowan County Clerk’s office website shows the office opening at 8 a.m. EST. 

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Davis cited her Christian conviction 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 took the position that declining to issue licenses to all couples, straight or gay, would meet her legal obligation.

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

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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. 

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 stay was denied without any additional comment. 

Davis could face jail or fines if she continues to refuse to issue licenses.