Supreme Court: Kentucky Clerk Must Issue Gay Marriage Licenses

Rejects clerk's request for religious exemption, offers no explanation

Without providing any explanation for its decision, the U.S. Supreme Court rejected a request by a Kentucky county clerk for exemption from issuing marriage licenses to same-sex couples based on her religious convictions. The court's response Monday was an early indication of how it will protect its 5-4 ruling declaring gay marriage a constitutional right.

Rowan County Clerk Kim Davis, who HuffPost Gay Voices has condemned as the "ultimate symbol of bigotry," had stopped issuing any marriage licenses after the June 26 Supreme Court gay marriage ruling, despite an order from the Kentucky governor to resume her duties. When U.S. District Judge David L. Bunning ruled that she must issue marriage licenses to same-sex couples despite her religious beliefs, the clerk appealed. 

In her emergency appeal papers, Davis argued that the Supreme Court case does not "create a fundamental right to receive a marriage license from a particular person," maintaining that same-sex couples could simply receive a marriage license from another clerk.  

The Supreme Court rejected Davis' appeal Monday but provided no explanation for its actions. 

Bunning argued in his ruling that religious convictions could not be used as a reason for the clerk to refuse to do her job. "Her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County clerk," wrote Bunning in his order. 

If Davis continues to decline to issue licenses, she could face contempt charges for failing to comply with Bunning's ruling. Davis also faces potential prosecution by the state attorney general.

Issues

Become a TruthRevolt member

Free eBooks, Inbox Updates and 1-click Petitions