Marriage comes to Rowan County, Kentucky

Timothy Kincaid

September 4th, 2015

Kentucky.com

James Yates and William Smith Jr. paid $35.50 and filled out paperwork early Friday to become the first couple to get a marriage license in Rowan County since the U.S. Supreme Court legalized same-sex marriage June 26. Another couple soon followed.

With Rowan County Clerk Kim Davis in jail on civil contempt charges for defying a judge’s order to resume issuing licenses, deputy clerk Brian Mason ended the office’s two-month license ban by politely serving Yates and Smith on Friday, even congratulating them and shaking their hands afterward.

As for Kim Davis, she sits in jail. Where she will remain, I suppose, until she promises not to interfere in the issuance of marriage licenses by her staff.

After today the cameras will leave. Public services are now being issued in a manner that is equal under the law and daily life will resume in Rowan County.

Mike Huckabee and Brian Brown and others of their ilk will continue to rally and to point and scream, “they’re persecuting Christians” and some small segment of society will stay all worked up over this for a while. But the public has moved on and the professionally butthurt will soon find another ‘victim’ to champion.

And eventually Kim Davis will tire of her cell and decide that since she can’t prohibit gay people from marrying, she might as well stop being a martyr. Once the spotlight is off, jail isn’t much fun. And the small blip in the local press indicating some ‘compromise’ of some sort and Kim’s release will be the last of this story.

Mark F.

September 4th, 2015

She can certainly delegate the responsibility of issuing licenses to her clerks, and resume her job. That’s a reasonable compromise IMHO.

Eric Payne

September 4th, 2015

Mark F…

So it would seem. But Kentucky law states all marriage licenses must be signed as valid by the County Clerk; “County Clerk” is an elected position in each county in Kentucky. It is the duty of each clerk to affix their signature to the application for the license, as well as the license, itself.

If she were released before the expiration of her term, she could simply declare the licenses issued during her incarceration, which either do not bear or signature or bear a facsimile of her signature, were not validly issued and, therefore, are voided.

The holders of those licenses are then unmarried and, officially, never were married… and would have to sue to have their marriages reauthorized.

As I said elsewhere: What a world, what a world.

Priya Lynn

September 4th, 2015

” But the public has moved on and the professionally butthurt will soon find another ‘victim’ to champion.”.

If anything Davis is a victim of her lawyers. They gave her terrible advice and wanted her to end up in jail so they could use her for fundraising purposes. They never gave a damn about what was best for Kim Davis.

Dave H

September 4th, 2015

While Kim Davis is in jail, the authority to issue marriage licenses reverts to the county judge-executive, who is complying. So Kim can’t undo those marriage licenses, and she won’t be released from jail until she agrees to issue them. So, I don’t think an outcome of having these marriage licenses invalidated later is possible.

Kim Davis won’t be able to accept any paid appearances at fundie rallies while she’s incarcerated, and I’m sure she’ll wake up to that reality soon.

Dave H

September 4th, 2015

Mark F., I’m sure her deputies were probably doing the day-to-day work of issuing the licenses anyway. Kim’s bugaboo was having her name printed on the license.

Priya Lynn

September 4th, 2015

Dave, I’m sure Kim’s bugaboo wasn’t having her name printed on the license, it was that the licenses were to be issued to gay couples. Having her name on them was just a convenient excuse to try to put a stop to gay couples getting marriage licenses.

Soren456

September 4th, 2015

I wonder if she is writing the “Letter from the Rowan County Jail.”

Nathaniel

September 4th, 2015

Eric is proving prophetic:
http://www.npr.org/sections/thetwo-way/2015/09/04/437580385/attorneys-for-kim-davis-marriage-licenses-issued-today-are-void?utm_source=twitter.com&utm_campaign=npr&utm_medium=social&utm_term=nprnews

Eric Payne

September 4th, 2015

Nathaniel,

Sadly, it’s not the gift of prophecy… it’s the imprint of the persons around which I was surrounded for the first third of my life. I understand they way they think – and don’t think.

eddie

September 5th, 2015

Eric Payne – but as I understand it, if it is physically impossible for the clerk to sign the license, then one of the others whom work in the office has the right to do so. why else would the judge order the others in the office to do the same or face jail time?

John30013

September 6th, 2015

@eddie – There does appear to be Kentucky statute that allows Deputy Clerks to perform any function for which the County Clerk is authorized:

KRS 61.035 ( effective July 1, 1953):
Any duty enjoined by law or by
the Rules of Civil Procedure upon a ministerial officer, and any act
permitted to be done by him, may be performed by his lawful deputy.

As a matter of fact, two of Kim’s own *FOUR* marriage licenses were signed (initialed, actually) ONLY by a deputy clerk, and on one of them the County Clerk’s name doesn’t appear at all (not even typed in the space reserved for it). BuzzFeed has copies online of the *FOUR* marriage licenses: http://www.buzzfeed.com/davidmack/meet-kim-davis

eddie

September 6th, 2015

John 30013 – thank you. so this is just more proof that Mat Staver and the liberty council is purposely lying. Which also means that it is not really a Christian organization – wow what a surprise.

Ben in oakland

September 6th, 2015

Or it really IS a Christian organization– of the type that has to tell you how Christian they are, over and over, but won’t tell you how much money they make from it.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.