Clerk sues Kentucky governor over gay marriage directive

A Kentucky county clerk charged in a federal lawsuit after refusing to issue marriage licenses has now filed a lawsuit of her own, against Kentucky Governor Steve Beshear.

Davis says the 1st Amendment to the U.S. Constitution gives her the right to not issue marriage licenses to same-sex couples because it violates her religious beliefs.

In a complaint filed late Tuesday, Davis said that issuing marriage licenses to same-sex couples is “contrary to her conscience, based on her sincerely held religious beliefs”.

“At the same time, the legislature has placed the duty to issue marriage licenses squarely on county clerks”, Sebastian wrote. Clerks should be able to opt out of issuing the licenses, she says, and ordering clerks to obey the Supreme Court ruling meant Beshear “made them vulnerable to being sued”, according to the Lexington Herald-Leader. The lawsuit filed by the conservative firm Liberty Counsel on her behalf says that the governor should be liable for the couples’ claims against Davis and accommodate her faith.

It adds, “Governor Beshear is forcing clerks like Davis to choose between following the precepts of her religion and forfeiting her position, on one hand, and abandoning one of the precepts of her religion in order to keep her position, on the other hand”. If Davis loses, it would be because the court found her in violation of her duties. His office, which is responsible for creating a template for marriage licenses, updated the design to remove references to “bride” and “groom”.

Both Onkst and Beshear have declined to comment.

Also on Tuesday, Davis filed a motion for the suits against her to be dismissed. Most importantly, it’s not unconstitutional for an Attorney General not to defend a state law, but it very much is unconstitutional under Obergefell to deprive a same-sex couple of access to marriage.