A commenter at Hot Air writes about Kim Davis, the county clerk from Kentucky who was jailed for refusing the issue same-sex marriage certificates.

Nope she is quite willing to issue marriage licences (and out of all the gin joints and bars so …a couple of gays who couldn’t drive 30 miles further had to be bussed in to walk into her tiny neck of the woods? Hmmmm).

She also has no objection to deputies issuing marriage licences.

She has no objection of anyone in her office issuing marriage licences to GLBT.

She herself does not want to have her name on GLBT licences as it violates her conscience. And she has no opt out option because a. the law is unclear and b. legislators are too lazy to clarify and c. Mark Steyn was right except not just about the Epsicopalians.

Is this comment about Davis right? Because it sounds like she changed her story and later pointed out that the signed papers without her signature were not valid, as I recall.

  • This is an unnotable source for the claim. Letting it through because there are already answers.
    – Oddthinking
    Jun 27 '16 at 3:55
  • 1
    On the other hand, is this now just a motivation claim?
    – Oddthinking
    Jun 27 '16 at 7:03

The New York Times reported:

The clerk, Kim Davis of Rowan County, Ky., was ordered detained for contempt of court and later rejected a proposal to allow her deputies to process same-sex marriage licenses that could have prompted her release.

That would seem to invalidate points #2 and #3. As for point #4, that would be between Kim Davis and her conscience, such as it is, and is not answerable in this context.

The first point lacks a notable claim, so I haven't bothered addressing it.

  • That quote doesn't invalidate paragraphs 2 and 3 of the original quote. The requirement is that the all marriage licenses have her name on them. I'm fairly certain that your quote is talking about her deputies processing all the LGBT licenses but still keeping her name on them. At least that's what I remember happening at the time. My personal thought then was that they should be issued "As per Anthony Kennedy", but that idea never took off.
    – Brythan
    Jun 27 '16 at 0:58

The current state of the world is that marriage licenses are issued in Kim Davis' office by other employees, according to NBC News:

Kentucky clerk Kim Davis has obeyed orders to issue marriage licenses to same-sex couples in the months since she spent five nights in jail for refusing to do so, a federal judge ruled Tuesday. [...] [A judge] found that Davis has allowed her deputies to issue licenses to anyone eligible since September and that the altered licenses are likely valid under Kentucky law.

The licenses do not have her name on them. This is in compliance with an executive order issued by Governor Matt Bevin and later by a state law allowing the same thing. From the latter link:

She was sued and jailed for five days when a judge held her in contempt of court, but she was later released when other employees in the clerk’s office began issuing licenses.

The next link is to a story that is contemporaneous with her release.

Kim Davis did originally question whether licenses without her signature were legally valid. But I don't know of, nor can I find, any support for her opposing making such licenses valid. Her attorneys' suggestion at the time of her release was to make the licenses issued by the state instead of the County Clerks. Then Governor Steve Beshear (whose term has since ended) refused to call a special session of the legislature to do that.

  • 1
    How do we know this is the current state of the world? (The legal requirement isn't sufficient, because we know that office has failed to follow it in the past.)
    – Oddthinking
    Jun 27 '16 at 3:58
  • @Oddthinking Did you read any of the links? They all say that her office is issuing licenses without her name on them. The first one does so in the headline!
    – Brythan
    Jun 27 '16 at 4:59
  • No, I assumed they linked to the descriptions given.
    – Oddthinking
    Jun 27 '16 at 7:00

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .