MOREHEAD, Ky. — A Kentucky county clerk who objects to same-sex marriage was given room on Monday to continue denying licenses to gays and lesbians while she takes her case to a federal appeals court.
U.S. District Judge David Bunning ordered Rowan County Clerk Kim Davis last week to issue licenses to two gay couples despite her objections, and on Monday, the judge said Davis is not entitled to any more delays. But because “emotions are running high on both sides of this debate,” he agreed to put off Monday’s decision while she takes her case to the 6th U.S. Circuit Court of Appeal.
Attorneys on both sides disagreed about the implications. Dan Canon, representing the gay couples, said Davis remains under the judge’s order. But Mat Staver, who represents Davis and is the founder of Florida-based Liberty Counsel, said the convoluted order essentially grants her request for more time.
“Nothing the court has issued says you don’t have to abide by this order right now,” Canon said. “We’re reinventing the wheel every day. Like most things we’re just going to have to see how this plays out.”
“Their interpretation makes no sense,” Staver countered. “He indicates that he is granting the stay temporarily until the Sixth Circuit rules on our motion to stay, which means we’ve got a stay in the case.”
The ruling means the Rowan County Clerk can continue refusing to issue any licenses to couples, gay or straight, thus preventing people from getting marriage licenses in the county where they live, work and pay taxes, despite the U.S. Supreme Court’s June decision legalizing same-sex marriage nationwide.
Kentucky’s governor already told Davis to issue the licenses immediately, or resign. Davis refused to do either, saying she spent months consulting God before deciding that any use of her authority to endorse a same-sex marriage — even delegating the task to a non-objector — would be a sin.
“It is comparable to forcing the religious objecting nurse to perform an abortion, the religious objecting company or non-profit to pay for abortions or abortion-related insurance coverage, the religious objecting non-combatant to fire on an enemy soldier, or the religious objecting state official to participate in or attend the execution of a convicted prisoner,” her attorney Jonathan Christman wrote.
Stays of court orders are common to maintain the status quo pending appeals, but this delay only enables the continuation “of an unlawful policy,” the plaintiffs’ attorneys complained.
Davis wants Kentucky lawmakers to pass a law allowing county clerks to opt out of issuing marriage licenses for religious reasons. But Democratic Gov. Steve Beshear has declined to call a special session to do that. Davis faces fines and a possible jail sentence for contempt of court if she loses the lawsuit, but she can only be impeached from her $80,000 a year job by the state legislature, and lawmakers won’t reconvene until January.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
