Gays obtain licenses, but validity uncertain
KENTUCKY | MOREHEAD — A jailed Kentucky clerk asserted that marriage licenses issued without her authority Friday to gay couples in Rowan County are void and “not worth the paper they are written on” because she didn’t authorize them, her attorney said.
Kim Davis now wears an orange jumpsuit and “has already been doing Bible studies with herself” in jail, her attorney Mat Staver of Liberty Counsel told reporters. He said Davis is in very good spirits, and is prepared to stay as long as it takes.
“She’s not going to resign, she’s not going to sacrifice her conscience,” Staver said.
Meanwhile, Staver said he’s preparing to appeal U.S. District Judge David Bunning’s contempt finding as one of several legal challenges on her behalf.
At least three gay couples received marriage licenses Friday from one of Davis’ deputies, embracing and celebrating after having been turned away repeatedly before Davis was jailed on Thursday. Their attorneys, along with Rowan County Attorney Cecil Watkins, said the licenses are valid. Bunning said Thursday he did not know if the licenses were valid but ordered them to be issued anyway.
No clerk’s signature
Marriage licenses in Kentucky usually have the elected clerk’s signature on them; those handed out Friday lacked any signature. The Rowan County attorney and lawyers for the gay couples said they are legal and valid nevertheless. When the judge was asked if the licenses will be considered valid without Davis’ authorization, he said it was up to the gay couples to take that chance.
William Smith Jr. and James Yates, a couple for nearly a decade, were the first through the door. Deputy clerk Brian Mason congratulated the couple, shook their hands and accepted their fee of $35.50.
“Civil rights are civil rights and they are not subject to belief,” said Yates, who had been denied a license five times previously.
The judge had offered to release Davis if she promised not to interfere with her employees issuing the licenses, but she refused.
Davis’ husband, Joe Davis, said his wife was in good spirits after her first night in jail. Asked if she would resign, he said, “Oh, God no. She’s not going to resign at all. It’s a matter of telling Bunning he ain’t the boss.”
Davis’ son, who said he supports his mother, was warned by the judge Thursday not to interfere with his fellow employees. The judge said he did not want “any shenanigans,” such as closing the office for computer upgrades as they did briefly last week.
“That would show a level of disrespect for the court’s order,” Bunning said. “I’m hoping that cooler heads will prevail.”