Kim Davis Marriage License Lawsuit ‘Forlorn’

Kim Davis Marriage License Lawsuit ‘Forlorn’

Posted by on Oct 24, 2015 in Marriage License Lawsuit |

Obtuse.  Forlorn.  Absurd.

These are just some of the words that have been used to describe a lawsuit brought against Kentucky lawyer Steve Beshear by county clerk Kim Davis.  Fighting to avoid issuing licenses to single sex couples, Davis alleges that Beshear has violated her religious beliefs by asking her to comply with the nationwide legalization of gay marriage.Beshear’s lawyers have simply stated that Davis’ role is not moral or religious, but rather legal, and they have asked the judge to throw out the suit. 

Simply Following the Law

Steve-Beshear-e1305839328269The issues started in late June of this year, when the Supreme Court issued a ruling that gay marriage was to be legalized throughout the United States.  In response to this ruling, Beshear issued a letter to the 120 Kentucky county clerks which explained how the state reacted to the ruling.  He stated that whilst the oath the clerks took nor the Supreme Court can tell them what to believe, they can tell them how to act.  And from then on it was prudent to work within the constraints of the law and to remove the words ‘bride’ and ‘groom’ from the marriage template.

Davis Refused to Comply

Instead of complying with the law, Davis stated that issuing marriage licenses to gay couples violated her religious freedom, and as such she refused to issue marriage licenses to same sex couples.  Four couples went on to sue Davis, yet she ignored a number of federal court orders which ultimately saw her spending five nights in jail.  Davis has blamed Beshear’s letter for her legal problems.  His lawyers are trying to throw this out stating that Beshear is following the law, and as a county clerk she has an obligation to do the same.

Kim Davis Has No Authority

Beshear’s is claiming that Davis has no authority to avoid issuing marriage licenses no matter what her religious beliefs are.  The office that she works for, Rowan County Clerk, has no right to exercise free religion, and those that work at the office are expected to comply with the law.

Anti-Gay Marriage Clerk Kim Davis Goes To Jail

David Bunning, a US District Judge is expected to make a ruling soon on whether the lawsuit against Beshear can continue.  However, as Bunning was the judge who initially made the court order requiring Davis to file the marriage licenses, it looks like he will rule in Beshear’s favor.

Changed Documents

Although Davis was originally jailed for refusing to comply with the law, she was released after five days because her deputies had been granting the marriage licenses in her absence.  When she returned to her office, however, she replaced her name and office on the granted documents to ‘pursuant to federal court order’.

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In a court filing made on the 18th September, a lawyer for one of the deputies under Davis said that Davis has made changes to documents which could weaken their validity in the future.  He claimed that the clerk had further violated Bunning’s order.  The lawsuit continues.