Two same-sex couples in this small eastern Kentucky county got everything they wanted in a ruling from a federal judge Monday, except for one sentence.
U.S. District Judge David Bunning denied Rowan County Clerk Kim Davis'
request to delay his ruling from last week ordering her to issue
marriage licenses to gay and lesbian couples. That ruling followed the
U.S. Supreme Court's decision in June legalizing same-sex marriage
nationwide. But Bunning then delayed his own decision, effectively
granting Davis' request while also denying it.
"If the Court decided to delay enforcement of its Order while Davis
pursues an unpromising appeal, it would essentially give Plaintiffs a
favorable legal ruling with no teeth and prolong the likely violation of
their constitutional rights," Bunning wrote.
But Bunning acknowledged that "emotions are running high on both sides
of this debate" and said he would delay his ruling while Davis appeals
to the 6th U.S. Circuit Court of Appeals.
Attorneys on both sides disagreed about the implications. Dan Canon,
representing the gay couples, said Davis remains under the judge's
original order. But Mat Staver, who represents Davis and is the founder
of Florida-based Liberty Counsel, said the convoluted order essentially
grants her request for more time.
What is clear is that Davis will continue refusing to issue marriage
licenses to anyone in this county of about 23,000 people, home to
Morehead State University in the Appalachian foothills of eastern
Kentucky. Until the case is resolved, no new wedding can be legally
recognized in Rowan County unless the couple obtain a marriage license
somewhere else.
"This is not something I decided because of this decision that came
down," Davis testified in federal court last month. "It was thought-out
and, you know, I sought God on it."
The U.S. Supreme Court's decision in June legalized same-sex marriage
nationwide. But it also "ensures that religious organizations and
persons are given proper protection as they seek to teach the principles
that are so fulfilling and so central to their lives and faiths."
Bunning, and now the court of appeals, are left with the narrow issue of
whether that ruling infringes on a local elected official's religious
beliefs.
Bunning says no, arguing that Davis is "free to believe that marriage is
a union between one man and one woman, as many Americans do."
"However, her religious convictions cannot excuse her from performing
the duties that she took an oath to perform as Rowan County Clerk," he
wrote last week.
Davis' lawyers compare her to other religious objectors, such as a nurse
being forced to perform an abortion, a noncombatant ordered to fire on
an enemy soldier, or a state official forced to participate in a
convicted prisoner's execution.
Clerking has been a family business in Rowan County. Davis worked for
her mother for 27 years before replacing her in the elected post this
year, and her son Nathan now works for her. He personally turned away a
gay couple last week.
Around the U.S., most opponents of gay and lesbian marriage rights are
complying with the high court. Some other objectors in Kentucky
submitted to the legal authorities after Democratic Gov. Steve Beshear told them to begin issuing licenses to same-sex couples, or resign.
No comments:
Post a Comment