“Neither the law nor the ruling prevents Phillips from expressing his views on same-sex marriage, including his religious opposition to it, the appeals court said, but he cannot discriminate against gay couples based on those beliefs.”The court squarely said that this is discrimination based on sexual orientation and it’s not to be tolerated, even if it’s motivated by faith”, Louise Melling, deputy legal director of the American Civil Liberties Union, which represented the gay couple, told The New York Times“. Refusing to serve constituents on religious grounds isn’t a right; it’s a ridiculous attempt to circumvent Supreme Court precedent. Unless the 6 Circuit says otherwise, Davis would then be required to resume issuing marriage licenses.
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Monday, he stayed that decision while she takes her case to a Circuit Court of Appeals.
Rowan County Clerk Kim Davis is being sued by two gay couples, and U.S. District Judge David Bunning ordered her last week to issue them licenses despite her objections. “It’s good for both religious observers and for civil peace for us to shape our laws in ways that let people live in ways that are consistent with their heartfelt obligations, so long as we can find a way to make sure everyone is accommodated”. Barring intervention from a higher court, the judge’s order means Davis would have to begin issuing licenses by the end of the month.
A federal judge has granted temporary relief to one of two Kentucky county clerks still refusing to issue any marriage licenses following the Supreme Court’s nationwide legalization of same-sex marriage. “I am grateful that the First Amendment continues to protect the sincerely held religious beliefs of public servants like me”.
Davis is being sued by a gay couple. If Davis continues to refuse to issue marriage licenses, she can potentially be found in contempt, which could carry stiff penalties if she continues to defy Bunning’s order, provided that her appeal is unsuccessful.
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“We’ve had a very fast social change on the question of marriage”, said Robin Fretwell Wilson, professor of law at the University of Illinois and an expert in the legal issues surrounding religious liberty and same-sex marriage. “Exactly.The same thing applies to the county clerk in Kentucky”.
