Kentucky clerk defies federal judge's order, turns away gay couple seeking marriage license

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County Clerk in Kentucky Continues to Refuses Gay Marriage Licenses

MOREHEAD, Ky. (AP) -- A Kentucky clerk's office turned away a gay couple seeking a marriage license on Thursday, defying a federal judge's order that dismissed her argument involving religious freedom.

Rowan County Clerk Kim Davis' office turned away David Moore and David Ermold just hours after a U.S. district judge ordered her to do the opposite.

SEE ALSO: Arrest in NY bias attack on gay couple married at West Point

Deputy clerk Nathan Davis says the office was advised by its attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals the ruling to the Sixth Circuit Court of Appeals.

Kim Davis has argued that her deeply held Christian beliefs prevent her from issuing licenses to same-sex couples. After the U.S. Supreme Court ruled gay marriage bans unconstitutional, Davis stopped issuing licenses to any couple, gay or straight.

Five couples sued her, and U.S. District Judge David L. Bunning on Wednesday ordered her to comply with the Supreme Court's ruling.

He wrote that her refusal "likely violated the constitutional rights of her constituents."

Ermold, in a tearful plea, called her actions "cruel" and said they were representative of the continued discrimination faced by gay couples.

Photos of the reactions to SCOTUS' historic decision to legalize gay marriage:

36 PHOTOS
Supreme Court Legalizes Same-Sex Marriage, Gay Marriage, Marriage Equality
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Kentucky clerk defies federal judge's order, turns away gay couple seeking marriage license
People celebrate during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
Ikeita Cantu, left, and her wife Carmen Guzman, of McLean, Va., hold up signs as they celebrate outside of the Supreme Court in Washington, Friday June 26, 2015, after the court declared that same-sex couples have a right to marry anywhere in the US. The couple was married in Canada in 2009 when gay marriage was illegal in Virginia. (AP Photo/Jacquelyn Martin)
A couple kiss to celebrate the US Supreme Court's historic decision on same sex marriage during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
Jim Obergefell, the named plaintiff in the Obergefell v. Hodges Supreme Court case that legalized same sex marriage nationwide, is backed by supporters of the courts ruling on same-sex marriage on the step of the Texas Capitol during a rally Monday, June 29, 2015, in Austin, Texas. The Supreme Court declared Friday that same-sex couples have a right to marry anywhere in the United States. (AP Photo/Eric Gay)
IMAGE DISTRIBUTED FOR HUMAN RIGHTS CAMPAIGN - Marriage equality supporters rally on the steps of the Supreme Court as they wait for a decision Friday, June 26, 2015, in Washington. (Kevin Wolf/AP Images for Human Rights Campaign)
People celebrates during a rally outside the Stonewall Tavern in the West Village in New York on June 26, 2015, after the US Supreme Court's historic decision on same sex marriage. The US Supreme Court ruled on June 26, that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/JEWEL SAMAD (Photo credit should read JEWEL SAMAD/AFP/Getty Images)
Carlos McKnight of Washington, waves a flag in support of gay marriage outside of the Supreme Court in Washington, Friday June 26, 2015. A major opinion on gay marriage is among the remaining to be released before the term ends at the end of June. (AP Photo/Jacquelyn Martin)
People celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Supporters of same-sex marriage celebrate outside of the Supreme Court in Washington, Friday June 26, 2015, after the court declared that same-sex couples have a right to marry anywhere in the US. (AP Photo/Jacquelyn Martin)
Two women celebrate outside the Supreme Court in Washington DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
People run under a giant equality flag as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
UNITED STATES - JUNE 26: Same-sex marriage supporters from the Human Rights Campaign celebrate after the U.S. Supreme Court legalized same-sex marriages nationwide on Friday, June 26, 2015. (Photo By Bill Clark/CQ Roll Call)
People shout slogans as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
The crowd celebrates outside of the Supreme Court in Washington, Friday June 26, 2015, after the court declared that same-sex couples have a right to marry anywhere in the US. (AP Photo/Jacquelyn Martin)
President Barack Obama walks toward the podium before speaking in the Rose Garden of the White House in Washington, Friday, June 26, 2015, after the Supreme Court declared that same-sex couples have the right to marry anywhere in the US. (AP Photo/Pablo Martinez Monsivais)
WASHINGTON, DC - JUNE 26: Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
WASHINGTON, DC - JUNE 26: Activists hold signs regarding same-sex marriage outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
From left, Annie Katz of the University of Michigan, Zaria Cummings of Michigan State University, Spencer Perry of Berkeley, Calif., and Justin Maffett of Dartmouth University, celebrate outside of the Supreme Court in Washington, Friday June 26, 2015, after the court declared that same-sex couples have a right to marry anywhere in the US. (AP Photo/Jacquelyn Martin)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Same-sex marriage supporters rejoice after the U.S Supreme Court hands down a ruling regarding same-sex marriage June 26, 2015 outside the Supreme Court in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People shout slogans as they celebrate outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
The crowd reacts as the ruling on same-sex marriage was announced outside of the Supreme Court in Washington, Friday June 26, 2015. The Supreme Court declared Friday that same-sex couples have a right to marry anywhere in the US. (AP Photo/Jacquelyn Martin)
Same-sex marriage supporters hold rainbow flags outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
People wave a giant equality flag in celebration outside the Supreme Court in Washington, DC on June 26, 2015 after its historic decision on gay marriage. The US Supreme Court ruled Friday that gay marriage is a nationwide right, a landmark decision in one of the most keenly awaited announcements in decades and sparking scenes of jubilation. The nation's highest court, in a narrow 5-4 decision, said the US Constitution requires all states to carry out and recognize marriage between people of the same sex. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
Ariel Olah of Detroit, left, and her fiancee Katie Boatman, are overcome by emotion outside the Supreme Court in Washington, Friday, June 26, 2015, as the ruling on same-sex marriage was announced. The court declared that same-sex couples have a right to marry anywhere in the US. (AP Photo/Jacquelyn Martin)
A man holds a rainbow flag in support of same-sex marriage outside the U.S. Supreme Court June 26, 2015 in Washington, DC. The high court ruled that same-sex couples have the right to marry in all 50 states. (Photo by Alex Wong/Getty Images)
Carmelita Cabello, left, and her partner of 31 year, Jaque Roberts, right, arrive at the Travis County building for a marriage license after hearing the Supreme Court ruling that grants same-sex couples the right to marry nationwide, Friday, June 26, 2015, in Austin, Texas. (AP Photo/Eric Gay)
Lupe Garcia, left, hugs her partner Cindy Stocking, right, at the Travis County building after hearing the Supreme Court ruling that grants same-sex couples the right to marry nationwide, Friday, June 26, 2015, in Austin, Texas. (AP Photo/Eric Gay)
The U.S. Supreme Court ruled that gay couples nationwide have the right to marry in a 5-4 decision. How incredible it is to be here as they announced it!
It is now clear that the challenged laws burden the liberty of same-sex couples, and it must be further acknowledged that they abridge central precepts of equality . . . Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave and continuing harm. #fbf #equality #lovemustwin #freedomtomarry
People are FREAKING OUT at the Stonewall Inn! Tears, hugs, laughter. http://t.co/bC1RUfEDzk
IMAGE DISTRIBUTED FOR HUMAN RIGHTS CAMPAIGN - Participants celebrate at the San Francisco Pride Parade on Sunday, June 28, 2015, in San Francisco, Calif., two days after the Supreme Court's landmark decision to require that states issue marriage licenses to same sex couples. (Adm Golub/AP Images for Human Rights Campaign)
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In Kentucky, county clerks issue marriage licenses, but someone else must "solemnize" the marriage before the license can be filed with the county clerk. Davis argued that issuing a same-sex marriage license that contains her signature is the same as her approving the marriage, which she said violates her Christian beliefs. But Bunning rejected that argument, saying Davis has likely violated the U.S. Constitution's ban on the government establishing a religion by "openly adopting a policy that promotes her own religious convictions at the expenses of others."


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"Davis remains free to practice her Apostolic Christian beliefs. She may continue to attend church twice a week, participate in Bible Study and minister to female inmates at the Rowan County Jail. She is even free to believe that marriage is a union between one man and one woman, as many Americans do," Bunning wrote. "However, her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County Clerk."

2016 presidential candidates comment on the gay marriage ruling:

19 PHOTOS
2016 candidates on gay marriage ruling
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Kentucky clerk defies federal judge's order, turns away gay couple seeking marriage license
My thoughts on today's Supreme Court ruling on same-sex marriage: http://t.co/fd4nzBmUBl
This flawed, failed decision is an out-of-control act of unconstitutional judicial tyranny --> http://t.co/WMborH3TxB #SCOTUS
The Supreme Court can no more repeal the laws of nature and nature's God on marriage than it can the laws of gravity.
Proud to celebrate a historic victory for marriage equality—& the courage & determination of LGBT Americans who made it possible. -H
I’m a firm believer in traditional marriage, and I also believe the 10th Amendment leaves it to each state to decide this issue. #SCOTUS
Congratulations to Supreme Court on today's good ruling for marriage equality! #chafee2016
What a day for our country—join me in celebrating today’s decision & thanking the advocates who helped make it happen http://t.co/4JaNmOIgTA
I believe SCOTUS' decision is a grave mistake. 5 unelected judges have taken it upon themselves to redefine the institution of marriage.-SKW
Today the Supreme Court fulfilled the words engraved upon its building: ‘Equal justice under law.’ #SCOTUSMarriage
My statement on today’s #SCOTUS ruling http://t.co/UalM0QnBuF
Marriage between a man and a woman was established by God, and no earthly court can alter that. http://t.co/1Kfw9l0KMG
Today, 5 unelected judges redefined the foundational unit of society. Now it is the people's turn to speak #Marriage
Once again the Bush appointed Supreme Court Justice John Roberts has let us down. Jeb pushed him hard! Remember!
We must not submit our constitutional freedoms, and the promise of our nation, to judicial tyranny http://t.co/ZInyN6JfLR #SCOTUS
A large number of Americans will continue to believe in traditional marriage....
...and a large number of Americans will be pleased with the Court’s decision today.
My statement on today's Supreme Court decision on same-sex marriage: http://t.co/0udkTLDBE9
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Laura Landenwich, an attorney for the plaintiffs, said the 28-page ruling reveals that the judge painstakingly combed through each of Davis' legal arguments and rejected each one. Bunning said that although couples could get marriage licenses elsewhere, "why should they be required to?" He noted the surrounding counties require 30 minutes or one hour of travel and there are many "in this rural region of the state who simply do not have the physical, financial or practical means to travel."

Bunning said state law does not allow the county judge-executive to issue marriage licenses unless Davis is absent from her job, and Bunning refused to deem Davis absent because she has a religious objection. And Bunning said issuing a marriage license does not constitute speech, saying the marriage license form "does not require the county clerk to condone or endorse same-sex marriage on religious or moral grounds."

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