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U.S. Supreme Court Denies Kentucky County Clerk’s Request to Continue Refusing Marriage Licenses

Graphic by Todd Wiseman

Religious beliefs do not allow Rowan County clerk to ‘opt out’ of duties as a public official

The U.S. Supreme Court has denied, without dissent, Rowan County Clerk Kim Davis her request for a stay of an order from the 6th U.S. Circuit Court of Appeals that required her to issue marriage licenses immediately to couples in the case Miller v. Davis.

Following the U.S. Supreme Court’s historic and sweeping marriage equality ruling in Obergefell v. Hodges, Davis refused to issue marriage licenses to any couple based on religious beliefs about marriage for same-sex couples.

On August 12, U.S. District Judge David Bunning ruled that plaintiffs in this case must be able to obtain marriage licenses in Rowan County. Davis proceeded to appeal that decision to the 6th U.S. Circuit Court of Appeals, and when her request for a stay pending appeal was denied, she requested a stay pending appeal with the U.S. Supreme Court so that she may continue to refuse issuing marriage licenses.

“Today  the U.S. Supreme Court resoundingly affirmed that government officials must carry out the duties of public office. By refusing to simply issue a form, Rowan County Clerk Kim Davis has prevented our clients, four loving couples, from obtaining marriage licenses in the county where they live and pay taxes. Davis has no basis for any further delay in denying couples the freedom to marry,” said Steven R. Shapiro, legal director of the American Civil Liberties Union.

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