Rowan County Clerk Kim Davis of Kentucky stopped issuing all marriage licenses June 27, one day after the U.S. Supreme Court legalized same-sex marriages nationwide.
The American Civil Liberties Union sued her on behalf of two gay couples and two straight couples.
Democratic Gov. Steve Beshear instructed county clerks to begin issuing marriage licenses to same-sex couples immediately. At least two clerks refused. Clerks are elected officials. They cannot be removed from office unless impeached by the state legislature. Impeachment appears unlikely, given the political climate in the state capital.
Kentucky law requires the county clerk to issue marriage licenses, or the local judge executive if the clerk is absent or the office is vacant.
The wording on the license says the couple is “hereby authorized” to get married.
“If … I authorize that I’m saying I agree with it, and I can’t,” Davis said Monday in a sometimes tearful testimony before a packed courtroom.
Davis would like the governor to call a special session of the state legislature (at at cost of $60,000 a day) with the intent of passing new laws allowing county clerks to refuse same-sex couples service based on religious beliefs.
In Kentucky, it’s a Class A misdemeanor — first-degree official misconduct — for elected officials to refuse to perform the duties of their office.
Davis was vague when asked what she plans to do should the judge order her to issue marriage licenses.
“I’ll deal with that when the time comes,” she said.
It has been reported that Davis has been married four times herself.
(via LGBTQ Nation)
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