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KY Clerks Object to Ruling, Halt Marriage Licenses

KY Clerks Object to Ruling, Halt Marriage Licenses
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By The Associated Press
Jun. 29, 2015 | LOUISVILLE, KY
By The Associated Press Jun. 29, 2015 | 02:09 PM | LOUISVILLE, KY
A few court clerks in Kentucky are refusing to issue marriage licenses to any couple as an objection to the U.S. Supreme Court's ruling on same-sex marriage.
 
Casey County Clerk Casey Davis says his religious convictions will not allow him to issue marriage licenses to same-sex couples. He says his office is no longer issuing licenses to any couple.
 
Davis says, "in good conscience I cannot put my name on one of those licenses." He says no same-sex couple has been in to the office to ask for one.
 
The Lexington Herald-Leader reported that clerks in Rowan and Lawrence counties have also halted issuing marriage licenses in response to the Supreme Court ruling.

It's a Class A misdemeanor in Kentucky - first-degree official misconduct - if "a public servant ... refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office."

Martin Cothran of the Family Foundation said county clerks whose conscience would be violated by following the Governor's order should consider their options.

Cothran said, "They should be able to do what our own Attorney General did last year when he refused to defend Kentucky's marriage law on conscience grounds. County clerks have consciences too." 

Cothran said Attorney General Jack Conway violated his oath by not defending Kentucky voters, who had passed an amendment in 2004 with almost 75 percent of the vote, stating that same-sex marriages or civil unions were unconstitutional.
 
Conway said in a statement: "Any clerk that refuses to issue marriage licenses is opening himself or herself to potential legal liability and sanctions."

In Texas, state Attorney General Ken Paxton said Sunday that county clerks can refuse to issue marriage licenses to same-sex couples based on their religious objections. He said those clerks can expect to be sued, but added that "numerous lawyers stand ready to assist clerks defending their religious beliefs." 

Terry Sebastian, a spokesman for Gov. Steve Beshear, says the office is reviewing how to respond.

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