Kentucky County Clerk Kim Davis
Homophobic County Clerk Kim Davis has been accused of failing to comply with a court order by interfering with the issuing of same-sex marriage licenses.
On Monday, the American Civil Liberties Union (ACLU) filed a motion in the Kentucky District Court against the Rowan County clerk’s office after Davis altered the licenses.
She ordered that a deputy sign the documents as a notary public rather than as a deputy clerk, removed any reference to the Rowan County clerk’s office on the forms, and stated on the documents that they are issued pursuant to court order.
The ACLU argues that these changes violate the court’s September 3 order directing Davis and her deputies to issue licenses. Her actions also violate the September 8 order that released Davis from jail under the condition that she not interfere with the process.
There is some concern that the amended licenses may not be legally valid because of the changes she made.
“The clerk’s office needs to issue valid licenses that comply with the court’s orders,” said James Esseks, Director of the ACLU’s Lesbian, Gay, Bisexual and Transgender Project. “It’s sad that Ms. Davis has continued to interfere with the basic constitutional right of all loving couples to marry and that the plaintiff couples have to ask the court to intervene once again.”
The filing asks the court to order the clerk’s office to issue the same unaltered licenses that were issued on or before September 8, when Davis was released from jail.
The motion also asks the court to order the deputy clerks to disregard any contrary instructions from Davis and requests that she be ordered to immediately stop interfering or face civil contempt fines.
The stubborn public servant spent five days in jail after she ignored a court order compelling her to do her job. She argues that having to issue same sex marriage licenses is in conflict with her Christian beliefs.