Monday, August 31, 2015

SCOTUS Says "No" To Kentucky County Clerk - Must Issue Same-Sex Couples Marriage Licenses

The U.S. Supreme Court rebuffed Kentucky County Clerk Kim Davis' request for a stay on a federal judge's ruling that would require her to issue marriage licenses to same-sex couples.

Via the Courier-Journal:

“The application for stay presented to Justice (Elena) Kagan and by her referred to the Court is denied,” the order said.

Justice Elena Kagan, who oversees the 6th district, referred Davis’ request to the full court, which denied the stay without comment.

A stay issued earlier by U.S. District Judge David Bunning expired Monday.

In a separate development, the Kentucky attorney general is mulling whether to appoint a special prosecutor to investigate whether she violated the state official misconduct statute when her office refused to issue a license to a Rowan County gay couple.

Official misconduct is a misdemeanor punishable by up to 365 days in jail.

Done and done.

Do your job, Kim Davis.


The Human Rights Campaign issued this statement:

“Ms. Davis’ choices are clear: she must either choose to follow the law or resign her public position. A public official’s personal religious opinion does not give her the privilege to trample over the rights of others. Freedom of religion is important, and Ms. Davis has the fundamental right to believe what she likes. But as a public servant, she does not have the right to pick and choose which laws she will follow or which services she will provide. We are pleased that the U.S. Supreme Court has denied the stay.”

And the ACLU had this to say:

“Today the U.S. Supreme Court resoundingly affirmed that government officials must carry out the duties of public office. By refusing to simply issue a form, Rowan County Clerk Kim Davis has prevented our clients, four loving couples, from obtaining marriage licenses in the county where they live and pay taxes. Davis has no basis for any further delay in denying couples the freedom to marry.”

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