The ruling comes in a federal lawsuit filed in July 2015 against Rowan County Clerk Kim Davis who refused to provide marriage licenses to any couple – same-sex or opposite sex – following the U.S. Supreme Court’s historic marriage equality decision in Obergefell v. Hodges.
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In his opinion, Judge Bunning stated that by refusing to issue the marriage licenses, Davis “is refusing to recognize the legal force of U.S. Supreme Court jurisprudence in performing her duties”.
On Wednesday, U.S. District Judge David Bunning ruled that Davis’s religious beliefs do not exempt her from performing her duties as a government official; she will have to provide marriage licenses.
Kentucky’s anti-gay Rowan County Clerk Kim Davis had a bad day in court Wednesday (12 August). She may continue to attend church twice a week, participate in Bible Study and minister to female inmates at the Rowan County Jail.
“She is even free to believe that marriage is a union between one man and one woman, as many Americans do”, Bunning wrote in the opinion. He said Davis should perform her assigned duties.
“If I authorize (same-sex marriage licenses), I’m saying I agree with that and I can’t”, she said.
“The effect of this order is the government ordering a person to violate her sincerely-held religious beliefs, and that’s why we are appealing it”, Gannam said. Bunning said that although couples could get marriage licenses elsewhere, “why should they be required to?” “… There are individuals in this rural region of the state who simply do not have the physical, financial or practical means to travel”.
When asked if Davis would begin issuing licenses, Gannam said he hopes to obtain a stay before any more are requested.
April Miller, one of the plaintiffs, has been engaged to Karen Roberts for 11 years.
Canon, who is working with the ACLU, said attorneys have no plans at this time to sue clerks in other counties who are denying licenses, but anyone refused a license would have strong grounds for a suit.
“We have our rings, we have an officiant, we have talked about food and cake and music and having a big party”.
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Davis replied that while she does not perform the marriages, her name on the form says she approves of it. “We need a license, and we need a date”.
