He also noted that the plaintiffs in the case drove an hour’s distance to Boyd County last week for an earlier hearing, and Monday they drove two hours for the hearing in Kenton County.
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A county clerk in Kentucky who refuses to issue marriage licenses after the Supreme Court ruled that same-sex marriage is legal, testified in federal court Monday. Davis said that is something she can’t do.
Davis says she is an Apostolic Christian and believes that marriage is between one man and one woman.
When ACLU Cooperating Attorney Dan Canon asked Davis if she made a conscious decision not to follow the U.S. Constitution in not issuing licenses, she paused, then said no. Davis has completely stopped issuing marriage licenses for both heterosexual and homosexual couples.in light of the SCOTUS decision on gay marriage.
Rowan County clerk Kim Davis testified on Monday in a federal hearing stemming from a lawsuit brought against her by two gay couples and two straight couples.
“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. He also asked whether a clerk could deny a license to someone who wanted to get remarried after a divorce.
Questioned by her attorney Roger Gannam, a lawyer with the Florida-based Liberty Counsel, Davis said she does not believe sin disqualifies a person from getting married.
But attorneys from the Liberty Council, a religious freedom organization representing Davis, say people can still obtain licenses in other counties and that Davis’ First Amendment liberties protect her decision – even in public office.
Davis later clarified she did not have any intention to discipline this employee based on their beliefs and described the deputy clerk as “loyal” and “very dedicated” to the job. And she said that out of loyalty to her employees, she would not resign. Of the six people who work for her, Davis said one has said he or she would be willing to issue marriage licenses to same-sex couples. Some clerks have asked Democratic Gov. Steve Beshear to call a special session of the state legislature to address the issue. Beshear declined, citing the cost to taxpayers, the AP reports.
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The plaintiff’s attorney asked Davis if she would change her position if the judge orders her to issue those licenses. She said the license would still have her name on it. The judge repeated his question and then she answered, “They would not be able to without my authority”.
