Beshear’s Lawyers Say Davis’ Lawsuit Baseless
Davis, an elected Democrat who switched to the Republican Party in the midst of the controversy, claimed offering marriage licenses to gay couples was against “God’s authority”.
Kentucky clerk Kim Davis’ lawsuit against the state and the governor is “absurd” and “forlorn”, defense attorneys said.
In a filing on Tuesday, Beshear argued that the letter was simply informing county clerks of the ruling and mentioning that the state would be abiding by it, according to The Advocate.
Beshear’s lawyers filed documents with the court on Tuesday night, detailing how the governor never ordered the clerks to issue marriage licenses, but simply informed them that they would following the ruling of the Supreme Court.
After refusing to issue marriage licenses to same-sex couples, Davis took legal action against the governor and the state of Kentucky.
“Neither your oath nor the Supreme Court dictates what you must believe”.
She has blamed Beshear for her legal woes, alleging that he “commandeered” her office when he instructed clerks to follow the court’s decision.
Beshear, who isn’t exactly a proponent of gay marriage himself, suggested that the clerks update the state’s marriage license template to omit “bride” and “groom”.
Palmer G. Vance, a lawyer retained by the governor, described Davis’ suit as a “meritless assault on the rule of law”. The order “specifically (targeted) clerks like Davis who possess certain religious beliefs about marriage”, she and her lawyers claimed. But she has also filed her own suit against Beshear, claiming he violated her religious freedom and made her vulnerable to litigation by ordering all of Kentucky’s county clerks to comply with the marriage equality ruling. Davis’ stance on same-sex marriage licenses landed her in jail for five days after being found in contempt of court last month. “The Office of Rowan County Clerk does not have a right to free exercise of religion”.
Meanwhile, Davis’ deputies began issuing licenses while she was behind bars.
Bunning expected to soon make a decision regarding whether Davis’ lawsuit should continue.
However, when she returned to her office, she altered the licenses, replacing her name and office with the phrase, “pursuant to federal court order.”