The couple first headed right down to the Rowan County Clerk’s Workplace on July 6, shortly after the proposal, however Smith stated the identical workplace worker they talked to right now advised them on the time that Davis “wasn’t handing out licenses as a result of her objection to”.
Days after the Supreme Court’s same-sex marriage ruling, Davis announced that her Christian faith prevents her from sanctioning a gay marriage. Asked if the ACLU would try to find Davis in contempt of court for continuing to deny marriage license applications, the ACLU of Kentucky’s Amber Duke told msnbc she “can’t speak to that”. Kagan, a liberal judge, sided with the majority this summer when it ruled gay marriage bans unconstitutional. So instead she’s made a decision to shut down the marriage licensing department of her office all together. “It is frustrating that we must continue to expend scarce funds to ensure that states are treating same-sex couples and their children equally, now that the Supreme Court has spoken so clearly”. She has since refused licenses to any couple, gay or straight.
Watkins declined to offer his own legal opinion about Davis’ actions, citing the potential conflict that he represents Rowan County.
“It’s just making us want to press more”, Yates said.
However on August 13, Smith stated an worker advised them Davis nonetheless wasn’t handing out any licenses as a result of she needed to attraction the ruling. The Legislature could impeach her, but that is unlikely given that many state lawmakers share her beliefs.
“These are individuals who have sincerely held religious beliefs and they are seeking the right to be accommodated under the First Amendment”.
The couples like Yates and Smith that sued her could ask Bunning to hold Davis in contempt. That would trigger another court hearing and likely would include testimony from Davis herself.
But Davis has not only refused to grant such licenses herself but also forbidden her staff, some of whom have expressed their willingness, to issue them. Earlier this month, the judge issued a preliminary order requiring her to issue those couples a license when they re-apply. On Thursday the Rowan County Attorney’s Office referred a charge against Davis to the Kentucky Attorney General’s Office.
The county clerk’s office regularly opens for a half day on the last Saturday of the month.
Davis has said she will not resign. This comes as wonderful news to the couples who were denied in Rowan county, and serves as a small victory to the LGBTQ community nationwide.
“We’ve already had four federal judges speak very clearly on this particular issue, and I don’t anticipate the response from Justice Kagan is going to be any different”, Canon said.