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: 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.

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.

Michigan And Kentucky Plaintiffs Petition SCOTUS For Review Of Marriage Cases

This afternoon the plaintiffs in the Michigan and Kentucky marriage equality cases both filed petitions with the Supreme Court which request a review of the Sixth Circuit Court decision that upheld the bans in their states. Late last week plaintiffs in the Ohio and Tennessee cases filed their petitions. Hit the above links to read the petitions. GOP Michigan Gov. Rick Snyder is working to invalidate the 300+ marriages that took place in the brief period between the ruling there and the stay. (Via Equality Case Files)

Is Kentucky Gov. Steve Beshear Trying To Lose The Marriage Case On Purpose?

Last week the outside counsel hired by Kentucky Gov. Steve Beshear filed an appeal brief which argued that same-sex marriage must remain illegal otherwise straight people will have fewer babies. The brief is so absurd that some now believe the state is purposely trying to lose the case.

Some lawyers in Kentucky say the brief filed May 7 at the U.S. 6th Circuit Court of Appeals is so illogical that they theorized that Gov. Steve Beshear, who previously was friendly to gay rights, may be trying to lose the case while appearing to defend the ban. Beshear hired private lawyers to represent the state after Attorney General Jack Conway declined to appeal a ruling that struck down the state ban. Beshear has refused to comment on the case, including whether he shares the view expressed in the brief that that only "man-woman couples can naturally procreate" and the state has a legitimate interest in encouraging them to do so to support "long-term economic stability through stable birth rates." Attorney Leigh Gross Latherow of Ashland, who prepared and signed the brief, declined to respond to requests for comment. Her firm referred questions to Beshear's office, which spokeswoman Kerri Richardson said had no comment.

The Family Foundation of Kentucky is defending the governor, saying that since courts have rejected marriage defenses based "traditional morality," his legal team had no choice but to make other claims.

KENTUCKY: Governor's Brief Says Gay Marriage Will Cause Birth Rates To Drop

Attorneys for Kentucky Gov. Steve Beshear have filed a brief which claims that same-sex marriage must remain illegal otherwise straight people will have fewer babies. And that will cost Kentucky lots of money.

Appealing a federal judge's decision that the state's ban violates the constitutional guarantee of equal protection under the law, Beshear's hired counsel say Kentucky has a legitimate interest in encouraging procreation to support "long-term economic stability through stable birth rates." U.S. District Judge John G. Heyburn II in February struck down Kentucky's law and constitutional amendment banning the recognition of same-sex marriages performed in other states, saying Kentucky had offered no rational basis for treating gay and lesbian couple's differently. In a 32-page appeal, attorney Leigh Gross Latherow says Kentucky has an interest in maintaining birth rates, which, if allowed to fall, can induce economic crises because of the reduced demand for good and services and the reduction of the work force. She cited recent dips in the economies of Germany and Japan tied to declines in their birth rates. The appeal doesn't explain how allowing gays to marry would reduce the birth rate among heterosexual couples.

Kentucky Attorney General Jack Conway, who announced his bid for governor earlier this week, has refused to defend the ban. Beshear's lawyers are from an outside firm hired by the state.

Read the full brief here.