KENTUCKY: Anti-Gay Clerk Files Religious Discrimination Suit Against Governor

The Liberty Counsel is suing Kentucky Gov. Steve Beshear on behalf of renegade county clerk Kim Davis. Via the Lexington Herald-Leader:

Late Tuesday, Davis filed a lawsuit against Beshear in federal district court. She blamed the governor for instructing all 120 of the state's county clerks to comply with this summer's U.S. Supreme Court decision that legalized gay marriage. Beshear's stance left dissenting county clerks vulnerable to lawsuits, including two that she currently faces, filed by groups of her constituents, Davis said. U.S. District Judge David Bunning is expected to rule in these cases in coming days. "The Commonwealth of Kentucky, acting through Governor Beshear, has deprived Davis of her religious-conscience rights guaranteed by the United States and Kentucky constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs," Davis' lawsuit says.

The suit also names the head of the Kentucky Department for Libraries and Archives, which changed the marriage license forms to gender-neutral.

The Liberty Counsel has issued a press release:

“Governor Beshear is unlawfully picking and choosing the conscience-based exemptions to marriage that he deems acceptable,” said Mat Staver, Founder and Chairman of Liberty Counsel. When Kentucky Attorney General Jack Conway refused to defend Kentucky’s natural marriage laws after “pray[ing] over this decision,” Governor Beshear did not command that he perform his duties, but hired private attorneys to pursue the appeal. “In no uncertain terms, Governor Beshear’s policies and directives are intended to suppress religion—even worse, a particular religious belief,” Liberty Counsel’s complaint points out. “Thus, although Attorney General Conway was given a pass for his conscience about marriage without any threats of repercussion, clerks like Davis are being repeatedly told by their Governor to abandon their religiously informed beliefs or resign.” “Simply put, Governor Beshear is making secularism a litmus test for holding office in Kentucky,” said Mat Staver. “The governor is forcing clerks like Davis to choose between following the precepts of her religion and forfeiting her position, on the one hand, and abandoning one of the precepts of her religion in order to keep her position, on the other,” Staver concluded.

The ruling in the ACLU's suit against Davis is expected next week. (Tipped by JMG reader Allen)

KENTUCKY: Liberty Counsel Tells Court That Clerk Is A "Conscientious Objector"

The Liberty Counsel yesterday filed a motion in the ACLU's lawsuit against four-times-married Kentucky county clerk Kim Davis in which they characterize her as being similar to an anti-war conscientious objector.

“Like a noncombatant who cannot shoulder a rifle, a county clerk who cannot issue” same-sex licenses “can still faithfully and devotedly serve this country, and their county,” lawyers for Kim Davis argued in a pleading filed Thursday in U.S. District Court. Asking Judge David Bunning to deny an injunction forcing Davis to begin issuing licenses again, attorneys Roger Gannam and Jonathan Christman from the Orlando-based Liberty Counsel note that Kentucky law allows county clerks an exemption from issuing fishing and hunting licenses. “If Kentucky is able to accommodate personal beliefs and conscientious objection regarding something that is (to some) as trivial as fishing and hunting, surely Kentucky can and must provide similar accommodation for deeply held beliefs about the fundamental nature of marriage,” they said in their pleading.

The ACLU has seven days to respond to the latest motion. Earlier this month Davis testified that she had "prayed and fasted" about her decision to disobey the Supreme Court. The final ruling in the case is expected in mid-August. Kentucky's county clerks are elected and can only be removed by the state legislature, which is out of session until January. Davis and other renegade clerks face fines and jail for contempt of court should the ruling go against them.

They Shall Take Up Serpents

Via the Associated Press:

A Kentucky sheriff's office says a man has died from a snake bite suffered during a church service. The Bell County sheriff's office said Monday that 60-year-old John David Brock of Stoney Fork was handling the snake during a Sunday service at a Pentecostal church in Jenson. Authorities say Brock was bitten on his left arm and refused medical treatment. The sheriff's office says Brock went to his brother's home, where he later died. The local coroner pronounced Brock dead. Snake handling at religious services is most common in Southern Appalachian states. The basis for the practice is a passage in the Gospel of Mark.

The same thing happened last year at a different Kentucky church. After burying their pastor, church members danced with the killer snake.

Liberty Counsel Fights For Right To Tell LGBT Kids They Are Going To Hell

The Liberty Counsel has sent a "warning letter" to Kentucky's juvenile detention system because a local pastor was advised that he is not to tell youthful LGBT offenders that they are hell-bound perverts. The pastor refused and his visitation privileges have been revoked. Via press release:

Pastor David Wells has served as a volunteer for over ten years, faithfully visiting and mentoring juveniles at the Warren County Regional Juvenile Detention Center, under the prison ministry of Pleasant View Baptist Church in McQuady. “Many juveniles are in DJJ custody because of sexual crimes,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Pastor Wells must be able to discuss what the Bible says about matters of sexuality with the juveniles he is trying to help. To remove the Bible from a pastor’s hands is like removing a scalpel from a surgeon’s hands,” Staver said. “Without it, they cannot provide healing.” Pastor Wells was barred from visiting, counseling, or leading worship services for juveniles based on DJJ Policy 912 IV(H) “Sexual Orientation and Gender Identity,” which states that volunteers: "[S]hall not refer to juveniles by using derogatory language in a manner that conveys bias towards or hatred of the LGBTQI community. DJJ staff, volunteers, interns, and contractors shall not imply or tell LGBTQI juveniles that they are abnormal, deviant, sinful, or that they can or should change their sexual orientation or gender identity."

Mat Staver: "DJJ 912 equates the teaching of Biblical morality with derogatory, biased, and hateful speech. In so doing, the DJJ policy creates an unconstitutional, religious litmus test for DJJ access. The First Amendment prohibits the government from viewpoint discrimination. This detention center may not prohibit the expression of Biblical morality simply because a few DJJ policymakers object to the Bible and its teaching."

See their warning letter.

KENTUCKY: Liberty Counsel Lawyer Says Plaintiffs Don't Really Want To Get Married

"We were able to see through her testimony that this case, more and more, is really about the plaintiffs wanting to force Kim Davis to issue a marriage license despite her sincerely held religious beliefs. It's not about the plaintiffs' desire to get married. They drove two hours to a county where they could have gotten a license if they wanted one. They drove an hour last week to court to a county where they could've gotten a license if they wanted one. And they could've gotten a license in just about every county in between that they passed through if they had wanted one. Just as Justice Alito predicted in his dissent in Obergefell secularists are trying to 'stamp out every vestige of dissent' by targeting people of faith who do not agree with same-sex marriage." - Liberty Counsel senior attorney Roger Gannam, declaring that since the plaintiffs drove to a different county to attend the hearing of the ACLU's lawsuit, they don't really want to get married.

KENTUCKY: Clerk Kim Davis Testifies That She "Prayed And Fasted" About Denying Same-Sex Marriage Licenses

Infamous Kentucky county clerk and alleged dog-napping conspirator Kim Davis took the stand today in the ACLU's lawsuit against her for refusing to issue same-sex marriage licenses. Via the local CBS affiliate:

Davis told the court she's an apostolic Christian and her religion says that marriage can only be between a man and a woman. She says her right to freedom of religion affords her the ability to deny same-sex licenses because she believes the wording on the certificate means she's authorizing the license. Davis said that is something she can't do. "If I authorize it, I'm saying I agree with it. I can't do that," she said. An attorney representing the couples who are suing Davis asked her how far a clerk could take their religious beliefs when it comes to denying licenses. He asked, for example, whether a clerk could refuse a license if they did not believe interracial marriage was biblical. He also asked whether a clerk could deny a license to someone who wanted to get remarried after a divorce. Davis said she couldn't speak for anyone else and didn't answer any hypothetical questions. The plaintiff's attorney asked Davis if she would change her position if the judge orders her to issue those licenses. She said she'd deal with that when the time comes.

More from Kentucky.com:

"It was something I had prayed and fasted over. ... It wasn't a spur of the moment decision," Davis told U.S. District Judge David Bunning, her voice breaking. To authorize licenses, she said, means "I'm saying I agree with it, and I can't." Her choice to also deny licenses to straight couples was because "I didn't want to discriminate against anyone." Two of those straight couples and two gay couples from Rowan County sued Davis shortly after her office stopped issuing marriage licenses to anyone in the wake of the June 26 decision by the Supreme Court, which overturned Kentucky's ban on same-sex marriage and declared the practice legal across the country.  After the hearing, Davis' lawyer, Roger Gannam of Liberty Counsel, a non-profit firm that specializes in religious-freedom cases, said the plaintiffs could have obtained licenses in Ashland, the site of the previous hearing, or in Covington. "This case is not about these plaintiffs' desire to get married," Gannam said. "This case is about the plaintiffs' desire to force Kim Davis to approve and authorize their marriages in violation of her Constitutionally protected religious beliefs."

The judge said today that he will issue his ruling during the week of August 11th. Kentucky's county clerks are elected and can only be removed by the state legislature, which does not reconvene until January. Renegade clerks face jail time for contempt of court should they refuse an order to issue licenses. 

KENTUCKY: GOP Reps Intro Bill Allowing Clerks To Deny Marriage Licenses

Via the Louisville Courier-Journal:

Two Republicans in the Kentucky House are sponsoring a bill for the 2016 legislative session that would clear the way for county clerks to deny same-sex marriage licenses based on religious beliefs. Rep. Stan Lee [photo], R-Lexington, and Rep. David Meade, R-Stanford, announced the legislation Wednesday in response to the recent U.S. Supreme Court ruling that legalized same-sex marriage nationwide. The lawmakers issued a press release saying the measure would create a new section of law "protecting county clerks from liability" if they refuse licenses on religious grounds. Another portion of the legislation seeks to "protect ministers and churches from civil and criminal liability" for declining to marry same-sex couples. However, no one has tried to force religious leaders to perform the marriages in Kentucky, and many experts who have weighed in on the ruling say it does not impact a minister's discretion in the matter.

The Kentucky legislature doesn't reconvene until January. On Monday the ACLU's lawsuit against Rowan County Clerk Kim Davis is expected to resume. Clerks face the possibility of being jailed for contempt if they refuse the court's order to issue licenses. More about the next session:

The Kentucky legislature convenes in regular session on the first Tuesday after the first Monday in January for 60 days in even-numbered years and for 30 days in odd-numbered years. It convenes in special sessions at the call of the governor. The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years.

Louisville Welcomes Marriage Tourism

Via the Louisville Courier-Dispatch:

On the heels of the recent U.S. Supreme Court ruling in support of marriage equality, Louisville tourism officials are embarking on a marketing campaign encouraging LGBT couples to get married in Louisville. The Louisville Convention & Visitors Bureau started the campaign earlier this week with a series of digital ads across social media promoting the slogan, “Say I Do in Lou.” It focuses on Louisville as a welcoming wedding destination, without regard to gender. The Louisville bureau formed a task force in March to see if it can attract tourism-related business involving the lesbian, gay, bisexual, and transgender community. The group includes representatives of local attractions and accommodations as well as members of the Kentuckiana Pride Foundation, the Louisville Fairness Campaign and Louisville Metro Government.

More from Insider Louisville:

The campaign will culminate with an all-expenses paid weekend getaway (or staycation, should the winners be Louisvillians) and wedding for one lucky LGBT couple. The CVB is currently working to line up sponsors for the wedding. “We want to do this campaign to welcome LGBT couples that can now get married,” she says. “Now they can come to Louisville to do it.” The wedding festivities will take place the weekend of Sept. 18-20, with the ceremony on Sept. 19. The reception will be held at the inaugural Louisville Pride Festival, also Sept. 19, and the CVB is calling this, tongue-in-cheek, the “World’s Largest LGBT Wedding Reception.” Louisville advertising firm Red7e created the digital and social media ads, all of which were done in short order given it’s been just a few weeks since the U.S. Supreme Court ruled in favor of marriage equality. “We wanted to follow on the heels of the excitement,” Ritchie says.

Say "I do" in Louisville. But not in Rowan County. Or Casey County.

Kentucky Clerk: Following The Law Is A Violation Of My Christian Rights

Kentucky Gov. Steve Beshear has told Casey County Clerk Casey Davis to resign or do his job. Another Kentucky clerk, Rowan County's Kim Davis, is being sued by the ACLU. All of Kentucky's renegade clerks face being jailed for contempt of court if they continue to defy SCOTUS. The clerks in Kentucky are elected and can only be removed by the state legislature.

ACLU Vs Kim Davis: No Ruling Today

KENTUCKY: Alleged Dog-Napping Update

Following my mention of their 2013 story, Page One Kentucky has posted an update about the dog allegedly stolen by the daughter of renegade county clerk Kim Davis.

Remember Charlie Brown? He’s the dog Kim’s daughter apparently stole (not allegedly, she did it). Kim was running for election at the time — a campaign she ultimately won, replacing her mother as County Clerk. Despite barely squeaking by in the Democratic primary. But small town law enforcement turned a blind eye. They were afraid of Kim and the good old boy Democratic machine that thrives in rural Eastern Kentucky. For outsiders: the Dems in Kentucky are about 100x more conservative than Republicans in D.C. and 1,000x more corrupt. The County Attorney (Hey, Cecil!) refused to get involved because he was afraid of backlash. A County Attorney in a nearby town ultimately got interested in the case late last fall but lost his campaign for re-election. Since then, nothing’s happened. There are several witnesses, security camera footage, all those text messages and Facebook threats, interactions with law enforcement, Kim retaliating against Madden for outing her daughter as the culprit. And nothing.

Page One Kentucky spoke to the dog's owner, who relates a recent encounter with clerk Davis:

Ross says he’s still asked about Charlie as he travels around the region. You can imagine that few have anything kind to offer about Kim Davis. Especially at this point in time. He also shared a story about recently having business to conduct in the Clerk’s office. During the time he was there, Kim didn’t make eye contact or acknowledge him. But when it was time for him to leave? She yelled, “BYE ROSS!”, waving, smirk plastered across her thrice-divorced face. Which, well, seems to line up with everything the public has seen of her behavior. One can’t help but feel for Ross. His frustration permeates everything he says and it’s clear to even casual observers that he’s been left to fend for himself.

Davis will be in court on Monday to respond to the lawsuit filed by the ACLU. (Tipped by JMG reader Str8 Grandmother)

KENTUCKY: Renegade Clerks Face Jail

Yesterday Kentucky Gov. Steve Beshear personally told Casey County Clerk Casey Davis to issue marriage licenses or resign. On Monday a state court will hear the ACLU's lawsuit against Rowan County Clerk Kim Davis. All of the renegade Kentucky clerks face possible jail time. Via the Associated Press:

"The rest of the county court clerks are complying with the law regardless of their personal beliefs," Beshear said in a statement. "The courts and the voters will deal appropriately with the rest." Lawrence County Clerk Chris Jobe, president of the Kentucky County Clerk's Association, announced earlier this week that 57 clerks had signed a letter to Beshear asking him to call a special session of the state legislature to change Kentucky's marriage laws to protect local officials who object to same-sex marriage. But as of Thursday afternoon, the governor's office had only received three such letters: Kenny Brown in Boone County, Kim Davis in Rowan County, and Jason Denny in Anderson County. Beshear said again on Thursday that he would not call the legislature back into session. And Casey Davis reiterated Thursday that he would not resign, saying he would not quit on his family or the people that elected him. "I'm going to be not wise in mine own eyes," he said, referencing a passage from the book of Proverbs in the Bible. "I'm going to fear the Lord and depart from evil."

KENTUCKY: Governor Tells Clerk To Issue Same-Sex Marriage Licenses Or Resign

Via the Lexington Herald-Leader:

Gov. Steve Beshear told Casey County Clerk Casey Davis on Thursday that Davis should issue marriage licenses to every qualified person or resign. The governor also said he won't call a special legislative session to address same-sex marriage issues. Some legislators and county clerks have called for a special session. Beshear met privately for an hour with Davis, who objects on religious grounds to issuing marriage licenses to same-sex couples. The governor later released a statement saying he advised Davis that he respects his personal beliefs but he took an oath to uphold the U.S. Constitution. The U.S. Supreme Court ruled last month that the Constitution requires government officials in Kentucky and elsewhere to recognize same-sex marriages as valid and allow them to take place, Beshear said. Davis said that he was disappointed with the governor and that he would continue to refuse to issue marriage licenses and would not resign.

It doesn't appear that Casey Davis is related to now-infamous Kentucky clerk Kim Davis.

KENTUCKY: 2013 Story Claims Renegade County Clerk Linked To Dog-Napper

The video of Kentucky's Rowan County Clerk Kimberly Davis turning away a gay couple continues to go wildly viral and has racked up over 1.2 million views at this writing. Meanwhile a tipster points us to a 2013 story about a man who reportedly had his dog stolen at a Rowan County gas station. The young woman alleged to have stolen the dog was caught on surveillance video as she drove away. Take it away Page One Kentucky:

She was driving a minivan believed to be owned by Rowan County Chief Deputy Clerk Kimberly Davis, her mother, who also happens to be running for Clerk. She has refused to help Madden retrieve his dog and has gone so far as to call the police on him for begging for assistance. Allison (the alleged dog snatcher), according to security camera footage, put the dog on her own leash and fled with him, never asking if anyone was the owner of the dog, never calling BP to see if anyone was looking for their dog. Madden, prior to going public with his heart-breaking search for his dog, offered her cash for his dog to no avail. Now he’s offering a reward to anyone who can return him. It’s beyond sad. But what takes the cake is that Ally Mae Davis/Allison Mae Mccintyre admitted to Madden that she was the individual in the surveillance snapshots.

From a 2014 update on the story:

Remember the daughter of Kim Davis, who stole Ross Madden’s dog in Morehead last year? Nothing ever happened to her. The dog was never recovered. Local police officers and the sheriff sat on their hands. The County Attorney, Cecil Watkins, recused himself and pushed everything to Carter County. The Assistant County Attorney there also sat on his hands. Why? Because Eastern Kentucky is a pustule of awful. Everyone turns a blind eye to corruption. When their friends or children of their friends get caught? They sweep it under the rug. So we thought it’d be a good idea to revisit that sad mess by pointing out that Kim Davis barely squeaked by in her primary for Rowan County Clerk.

NOTE: I've not found any substantiating reports regarding the above claims.

KENTUCKY: 57 County Clerks Demand Special Legislative Session On Marriage

Via the Louisville Courier-Journal:

A county clerk says nearly half of the county clerks in Kentucky have asked Gov. Steve Beshear to call a special session of the legislature to address the issue of gay marriage licenses after same-sex marriage was legalized. Lawrence County Clerk Chris Jobe says a letter sent Wednesday by 57 clerks to Beshear explains that they face a conflict between their religious beliefs and job duties following the U.S. Supreme Court's June 26 ruling. On Tuesday, House Speaker Greg Stumbo asked Beshear to call lawmakers back into session over the issue. But Beshear said there was no need for lawmakers to consider an issue the Supreme Court has settled.

Jobe is the president of the Kentucky Clerks Association. Last week he declared that he will not issue any marriage licenses at all.

VIRAL VIDEO: Kentucky County Clerk Denies Same-Sex Marriage License

On Friday the ACLU sued the clerk of Rowan County, Kentucky for refusing to issue same-sex marriage licenses. On Monday a couple filmed their refusal in clerk Kim Davis' office and the clip went wildly viral last night.

At 9:31 in the video a uniformed officer is shown entering the room and walking to the counter to converse with the employees. During this time, the video appears to show others waiting for services being helped in front of Mr. Moore and his fiance, even though they seemingly were there first. They ask to see Ms. Davis, only to be told by an employee that “She’s busy right now”. When the couple is finally allowed to approach the counter, they present copies of the recent Supreme Court decision as well as Kentucky Governor Steve Beshear’s executive order requiring all county clerks to issue marriage licenses. The employees are unmoved by this evidence and continue to deny the couple their marriage license. A woman presumed to be Clerk Davis finally appears at 11:12 in the video, and she begins her interaction with the couple by asking one of the female supporters recording the encounter to “put your phone away”. The supporter responds by saying “This is his right to have this filmed as well”. Ms. Davis continues to insist that the supporter stop filming, and she apparently complies since that is where the tape ends.

The clip has over 231K views at this writing. Davis is being represented by the Liberty Counsel.

KENTUCKY: ACLU Sues County Clerk For Refusing To Issue Marriage Licenses

Via press release:

The American Civil Liberties Union of Kentucky today filed a lawsuit on behalf of four Rowan County couples, two same-gender couples and two opposite-gender couples, denied marriage licenses by County Clerk Kim Davis. Since the U.S. Supreme Court issued a sweeping and historic decision that affords gay and lesbian couples the legal right to marry, Ms. Davis has refused to provide marriage licenses to any couple applying for one in Rowan County citing “religious concerns.” In explaining the ACLU’s decision to file suit on the couples’ behalf, ACLU of Kentucky Cooperating Attorney Laura Landenwich stated, “Ms. Davis has the absolute right to believe whatever she wants about God, faith, and religion, but as a government official who swore an oath to uphold the law, she cannot pick and choose who she is going to serve, or which duties her office will perform based on her religious beliefs.”

Davis spoke to Kentucky.com on Monday: "What has happened is that five lawyers have imposed their personal view of what the definition of marriage should be on the rest of us. And I, as a Christian, have strong views, too. And I know I don't stand alone."

Read more here: http://www.kentucky.com/2015/06/29/3923157_some-kentucky-county-clerks-refusing.html?rh=1#storylink=cpy

SCOTUS RULES FOR MARRIAGE!!!

PBS Examines Kentucky's Case

"On Tuesday, the Supreme Court will hear cases from four states that currently have gay marriage bans: Michigan, Ohio, Tennessee and Kentucky. The NewsHour talked to two different Kentucky families whose personal stories launched the court case."

KENTUCKY: Court Rules That Print Shop Can Refuse Gay Pride Messages

A rare win for Alliance Defending Freedom:

A Kentucky court ruled Monday that a Lexington printer is free to decline to print messages that conflict with his religious beliefs and that the government cannot force him to do otherwise. The Lexington-Fayette Urban Co unty Human Rights Commission ruled last year that Blaine Adamson of Hands On Originals must print messages that conflict with his faith on shirts that customers order from him. Alliance Defending Freedom attorneys representing Adamson appealed the ruling to the Fayette Circuit Court, which has now reversed the commission’s decision.  “The government can’t force citizens to surrender free-speech rights or religious freedom in order to run a small business, and this decision affirms that,” said ADF Senior Legal Counsel Jim Campbell, who argued before the court in Hands On Originals v. Lexington-Fayette Urban County Human Rights Commission. “The court rightly recognized that the law protects Blaine’s decision not to print shirts with messages that conflict with his beliefs, and that no sufficient reason exists for the government to coerce Blaine to act against his conscience in this way.”

I'll update this post when local news covers the ruling.

UPDATE: From the Lexington Herald-Leader:

Fayette Circuit Judge James Ishmael issued a ruling Monday reversing the Lexington Human Rights Commission's 2014 decision that Hands On Originals violated Lexington's Fairness Ordinance. The ordinance, among other things, prohibits businesses from discriminating against people based on sexual orientation. Ray Sexton, executive director of the Lexington Human Rights Commission, said Monday that Ishmael's ruling is part of a continuing process. "We don't look at this as a loss," Sexton said Monday. "We look at it as a one-one tie right now."

The commission's board would consider its next step at a board meeting Monday evening, Sexton said. He said the board is likely to appeal Ishmael's decision. Ishmael's ruling "is nothing we weren't prepared for at the very beginning," Sexton said. Ishmael's ruling says that there is no evidence that Hands On Originals or its owners "refused to print the T-shirts in question based upon the sexual orientation of GLSA or its members or representatives. ... Rather, it is clear beyond dispute that (Hands On Originals) and its owners declined to print the T-shirts in question because of the message advocating sexual activity outside of a marriage between one man and one woman."