Kentucky clerk gets help from GOP state Senate president

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In Contempt? Kentucky Clerk Now Refuses to Issue All Marriage Licenses

FRANKFORT, Ky. (AP) -- The Republican president of the Kentucky state Senate has asked a federal judge to withhold his ruling ordering a county clerk to issue marriage licenses to same-sex couples.

Republican Senate President Robert Stivers says U.S. District Judge David Bunning needs to give the state legislature time to pass a law that would exempt Rowan County Clerk Kim Davis from having to issue marriage licenses. The state legislature is not in session and won't be until January. Democratic Gov. Steve Beshear has refused to call for a special session, arguing it would waste taxpayer money for an issue that only affects one clerk.

"The Supreme Court ruling has completely obliterated the definition of marriage and the process for obtaining a marriage license in Kentucky," Stivers said in a news release. "The General Assembly will be compelled to amend many sections of Kentucky law, not just for the issuance of marriage licenses, to comply with the recent Supreme Court decision."

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Kentucky clerk gets help from GOP state Senate president
MOREHEAD, KY - SEPTEMBER 04: Michael Long (left) and Timothy Long, of Rowan County, raise their hands in front of a crowd of supporters after receiving their legal marriage license at the Rowan County Courthouse September 4, 2015 in Morehead, Kentucky. Kim Davis, an Apostolic Christian and a Rowan County clerk, refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling, citing religious objections. Davis was held in contempt of court and placed in Carter County jail on Thursday, September 3rd. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 04: A deputy clerk of the Clerk of Courts office fills out a marriage license for Timothy and Michael Long in the Rowan County Courthouse on Friday, September 4, 2015 in Morehead, Kentucky. Michael and Timothy live in Rowan County Kentucky. Kim Davis, an Apostolic Christian and a Rowan County clerk, refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling, citing religious objections. Davis was held in contempt of court and placed in Carter County jail on Thursday, September 3rd. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 14: Shannon (left) and Carmen Wampler-Collins walk out of the Rowan County Courthouse after receiving a legal marriage license from one of the Deputy Clerk of Courts September 14, 2015 in Morehead, Kentucky. Rowan County clerk Kim Davis was jailed for disobeying a judge's order for denying marriage licenses to gay couples on the basis of her religious faith. Today was Davis' first day back to work, after being released from jail last week. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 4: Jesse Cruz receives a hug from a same sex marriage supporter after he and his partner, Robbie Blankenship, received their legal marriage license at the Rowan County Courthouse on September 4, 2015 in Morehead, Kentucky. Blankenship and Cruz, of Columbus, Ohio, went to the Clerk of Courts office this past Wednesday and were denied a marriage license by the Rowan County Clerk of Courts Kim Davis.Davis, an Apostolic Christian and a Rowan County clerk, refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling, citing religious objections. Davis was held in contempt of court and placed in Carter County jail on Thursday, September 3rd. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 04: Michael Long and Timothy Long, of Rowan County, kiss in front of a crowd of supporters after receiving their legal marriage license at the Rowan County Courthouse September 4, 2015 in Morehead, Kentucky. Kim Davis, an Apostolic Christian and a Rowan County clerk, refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling, citing religious objections. Davis was held in contempt of court and placed in Carter County jail on Thursday, September 3rd. (Photo by Ty Wright/Getty Images)
Assistant Rowan County Clerk Brian Mason, left, hands James Yates, and his partner William Smith Jr., their marriage license at the Rowan County Judicial Center in Morehead, Ky., Friday, Sept. 4, 2015. After four attempts, Yates and Smith were finally issued their marriage license. (AP Photo/Timothy D. Easley)
James Yates, left, hugs his partner William Smith Jr., after receiving their marriage license at the Rowan County Judicial Center in Morehead, Ky., Friday, Sept. 4, 2015. Deputy clerk Brian Mason issued the license, congratulating the couple and shaking their hands as he smiled. (AP Photo/Timothy D. Easley)
This Thursday, Aug. 3, 2015 photo made available by the Carter County Detention Center shows Kim Davis. The Rowan County, Ky. clerk went to jail Thursday for refusing to issue marriage licenses to gay couples, but five of her deputies agreed to comply with the law, ending a two-month standoff. (Carter County Detention Center via AP)
MOREHEAD, KY - SEPTEMBER 2: Robbie Blankenship (L) stands next to his partner of 20 years, Jesse Cruz, of Corpus Christie, Texas, as they speak with Rowan County Clerk of Courts Kim Davis at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. Citing a sincere religious objection, Davis, an Apostolic Christian, has refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 2: Kim Davis, the Rowan County Clerk of Courts, listens to Robbie Blankenship and Jesse Cruz as they speak with her at the County Clerks Office on September 2, 2015 in Morehead, Kentucky. Citing a sincere religious objection, Davis, an Apostolic Christian, has refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 2: Robbie Blankenship (L) and his partner of 20 years, Jesse Cruz, of Corpus Christie, Texas, leave the Rowan County Clerks Office after being denied a marriage license on September 2, 2015 in Morehead, Kentucky. Citing a sincere religious objection, Kim Davis, the Rowan County Clerk of Courts, who is an Apostolic Christian, has refused to issue marriage licenses to same-sex couples in defiance of a Supreme Court ruling. (Photo by Ty Wright/Getty Images)
Rowan County Clerk Kim Davis, right, talks with David Moore following her office's refusal to issue marriage licenses at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses. (AP Photo/Timothy D. Easley)
ASHLAND, KY - SEPTEMBER 3: Same-sex marriage supports demonstrate on the steps of the federal courthouse during Rowan County Clerk Kim Davis's hearing on September 3, 2015 in Ashland, Kentucky. Davis was held in contempt of court today after refusing a court order to issue marriage licenses to same-sex couples. (Photo by Ty Wright/Getty Images)
MOREHEAD, KY - SEPTEMBER 04: A same sex marriage supporter wears badges on the back of her back pack during a protest in front of the Rowan County Courthouse September 4, 2015 in Morehead, Kentucky. Kim Davis, an Apostolic Christian and a Rowan County clerk, refused to issue marriage licenses to same sex couples in defiance of a Supreme Court ruling, citing religious objections. Davis was held in contempt of court and placed in Carter County jail on Thursday, September 3rd. (Photo by Ty Wright/Getty Images)
Jonathan Beebe-Franqui, left, and his husband Dwayne D. Beebe-Franqui embrace as they wait for the arrival of Rowan County Clerk Kim Davis at the Carl D. Perkins Federal Building in Ashland, Ky., Thursday, Sept. 3, 2015. Davis has been ordered to appear in Federal Court to explain why she is refusing to issue marriage licenses despite a federal order to do so. (AP Photo/Timothy D. Easley)
Rowan County Clerk Kim Davis, foreground left, is greeted as she arrives for work at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Davis' appeal to the U.S. Supreme Court was turned down on Monday, and now she is under federal orders to begin issuing marriage licenses. (AP Photo/Timothy D. Easley)
Rowan County Clerk Kim Davis listens to a customer following her office's refusal to issue marriage licenses at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses. (AP Photo/Timothy D. Easley)
David Miller, right, talks with Rowan County Sheriffs Deputy Joe Cline about the possibility of Rowan County Clerk Kim Davis being arrested for contempt at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Although her appeal to the U.S. Supreme Court was denied, Davis still refuses to issue marriage licenses to gay couples. (AP Photo/Timothy D. Easley)
A sign and sign-in sheet is placed at the door of the Rowan County Courthouse in Morehead, Ky., Saturday, Aug. 29, 2015. Although normally open on the last Saturday of the month, Rowan County Clerk Kim Davis decided not to open the office due to a rally being held on the lawn. (AP Photo/Timothy D. Easley)
Karen Roberts, left, and her partner, April Miller, speak to Assistant Rowan County Clerk Kim Russell as they attempt to get a marriage license at the Rowan County Courthouse in Morehead, Ky., Tuesday, Sept. 1, 2015. Rowan County Clerk Kim Davis has refused to issue marriage licenses in defiance of a federal order. (AP Photo/Timothy D. Easley)
William Smith Jr., right, and his partner James Yates, second right, speak with an unnamed clerk in an attempt to obtain a marriage license at the Rowan County Courthouse in Morehead, Ky., Thursday, Aug. 27, 2015. The couple were denied despite the ruling of the 6th U.S. Circuit Court of Appeals upholding an earlier decision instructing the clerks to issue marriage licenses. This was the couple's third attempt. (AP Photo/Timothy D. Easley)
Rowan County Kentucky Clerk Kim Davis speaks to a gathering of supporters during a rally on the steps of the Kentucky State Capitol in Frankfort Ky., Saturday, Aug. 22, 2015. Davis spoke at the rally organized by The Family Foundation of Kentucky on Saturday afternoon. The crowd of a few thousand included churchgoers from around the state. Davis has been sued by The American Civil Liberties Union for denying marriage licenses to gay couples. She says her Christian faith prohibits her from signing licenses for same-sex couples. (AP Photo/Timothy D. Easley)
A protester attempts to lead the crowd in a cheer during a protest on the lawn of the Rowan County Courthouse in Morehead, Ky., Saturday, Aug. 29, 2015. Approximately a hundred people gathered to protest Rowan County Clerk Kim Davis failing to issue marriage licenses. (AP Photo/Timothy D. Easley)
Penny Stennitt, of Mt. Sterling Ky., cheers in support during a Religious Freedoms Rally at the Kentucky State Capitol in Frankfort Ky., Saturday, Aug. 22, 2015. Three Kentucky county clerks who are refusing to issue marriage licenses to gay couples drew thunderous cheers from the crowd gathered at the state capitol. (AP Photo/Timothy D. Easley)
April Miller, right, and her partner Karen Roberts embrace after reading the decision of the United States Sixth Circuit Court of Appeals refusing to hear Rowan County Clerk Kim Davis' appeal ordering her to issue marriage licenses because of her religious beliefs in Morehead, Ky., Wednesday, Aug. 26, 2015. (AP Photo/Timothy D. Easley)
Rowan County Clerk Kim Davis smilesas she helps a customer at the Rowan County Courthouse in Morehead, Ky., Tuesday, Aug. 18, 2015. Davis is back at work and still not issuing marriage licenses while her case is under appeal. 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. (AP Photo/Timothy D. Easley)
David Ermold, right, attempts to hand Rowan County clerks Nathan Davis, left, and Roberta Earley, second from left, a copy of the ruling from U.S. District Court Judge David Bunning, instructing the county to start issuing marriage licenses, in Morehead, Ky., Thursday, Aug. 13, 2015. Rowan County Clerk Kim Davis has refused the order and has filed an appeal. (AP Photo/Timothy D. Easley)
James Yates, left, and William Smith Jr. speak with Rowan County Judge Executive Walter Blevins, right, in an attempt to obtain a marriage license in Morehead, Ky., Thursday, Aug. 13, 2015. In a decision Wednesday, U.S. District Judge David L. Bunning ordered Rowan County Clerk Kim Davis to issue marriage licenses, but she has refused after filing an appeal the ruling to the Sixth Circuit Court of Appeals. (AP Photo/Timothy D. Easley)
Karen Roberts, center, and her partner April Miller speak with Rowan County Clerk Kim Russell in an attempt to obtain a marriage license at the Rowan County courthouse in Morehead, Ky., Thursday, Aug. 13, 2015. Miller and Roberts, two of the original plaintiffs in the federal suit against Rowan County, Ky., and Rowan County Clerk Kim Davis were at the courthouse to obtain a marriage license. The clerk's office rejected the couples' bid for licenses just hours after U.S. District Judge David L. Bunning ordered Davis to comply with the Supreme Court's ruling. (AP Photo/Timothy D. Easley)
As his partner, David Ermold, right, looks on, David Moore calls Rowan County Judge Executive Walter Blevins in an attempt to obtain a marriage license at the Rowan County Courthouse in Morehead, Ky., Thursday, Aug. 13, 2015. In a decision on Wednesday, U.S. District Judge David L. Bunning ordered Rowan County Clerk Kim Davis to issue marriage licenses, but she has refused after filing an appeal the ruling to the Sixth Circuit Court of Appeals. (AP Photo/Timothy D. Easley)
James Yates, left, and William Smith Jr. wait in line at the Rowan County Clerks Office to obtain a marriage license in Morehead, Ky., Thursday, Aug. 13, 2015. In a decision on Wednesday, U.S. District Judge David L. Bunning ordered Rowan County Clerk Kim Davis to issue marriage licenses to all couples, but she has refused after filing an appeal to the ruling to the Sixth Circuit Court of Appeals. (AP Photo/Timothy D. Easley)
David Ermold, right, is hugged by Taral Thompson following the refusal of the Rowan County clerk's office to issue a marriage license to he and his partner, in defiance of a federal judge's decision in Morehead, Ky., Thursday, Aug. 13, 2015. Rowan County Clerk Kim Davis has already filed a notice of appeal and plans to request a stay on the ruling. (AP Photo/Timothy D. Easley)
April Miller, right, looks on as her partner Karen Roberts as she addresses the media outside the Rowan County courthouse in Morehead, Ky., Thursday, Aug. 13, 2015. Miller and Roberts, two of the original plaintiffs in the federal suit against Rowan County, Ky., and Rowan County Clerk Kim Davis were at the courthouse to apply for their marriage license following U.S. District Judge David Bunning's decision Wednesday ordering Davis to begin issuing marriage licenses. (AP Photo/Timothy D. Easley)
Rowan County clerk Nathan Davis, right, informs David Moore that the clerk's office will not be issuing any marriage licenses, in defiance of an order from a federal judge in Morehead, Ky., Thursday, Aug. 13, 2015. Rowan County Clerk Kim Davis has already filed a notice of appeal and plans to request a stay on the ruling. (AP Photo/Timothy D. Easley)
Rowan County Clerk Kim Davis, right, walks with her attorney Roger Gannam into the United States District Court for the Eastern District of Kentucky in Covington, Ky., Monday, July 20, 2015. Davis, who has said she cannot issue marriage licenses to same-sex couples because it would violate her religious beliefs, is being sued by the American Civil Liberties Union on the behalf of two gay couples and two straight couples. (AP Photo/Timothy D. Easley)
Casey County Clerk Casey Davis, right, speaks with a supporter in front of the United States District Court for the Eastern District of Kentucky in Covington, Ky., Monday, July 20, 2015. Davis is one of the clerks in Kentucky that has refused to issue marriage licenses to same-sex couples, in defiance of an order from the governor. (AP Photo/Timothy D. Easley)
Casey County Clerk Casey Davis speaks with reporters on the steps of the United States District Court for the Eastern District of Kentucky in Covington, Ky., Monday, July 20, 2015. Davis is one of the clerks in Kentucky that has refused to issue marriage licenses to same-sex couples, in defiance of an order from the governor. (AP Photo/Timothy D. Easley)
Supporters of Rowan County Clerk Kim Davis line the wall in front of the United States Federal Courthouse in Covington, Ky., Monday, July 20, 2015. Davis, who has said she cannot issue marriage licenses to same-sex couples because it would violate her religious beliefs, is being sued by the American Civil Liberties Union on behalf of two gay couples and two straight couples. (AP Photo/Timothy D. Easley)
Rowan County Clerk Kim Davis, right, listens as her attorney Roger Gannam addresses the media on the steps of the United States District Court for the Eastern District of Kentucky in Covington, Ky., Monday, July 20, 2015. Davis, who has said she cannot issue marriage licenses to same-sex couples because it would violate her religious beliefs, is being sued by the American Civil Liberties Union on the behalf of two gay couples and two straight couples. (AP Photo/Timothy D. Easley)
Quincy Swain, left, and Dallas Black protest Rowan County Clerk Kim Davis outside the United States Federal Courthouse in Covington, Ky., Monday, July 20, 2015. Davis, who has said she cannot issue marriage licenses to same-sex couples because it would violate her religious beliefs, is being sued by the American Civil Liberties Union on the behalf of two gay couples and two straight couples. (AP Photo/Timothy D. Easley)
Attorney Roger Gannam, center, lead counsel for Rowan County Clerk Kim Davis, talks to the media Monday July 13, 2015, at the United States District Court for the Eastern District of Kentucky in Ashland, Ky. The U.S. Supreme Court decided June 26 states cannot prohibit issuing marriage licenses to same-sex couples, but Davis has refused citing religious beliefs. (AP Photo/John Flavell)
Tom Lowe, left, and James Perkins, with sign, show their support for Rowan County Clerk Kim Davis Monday, July 13, 2015, at the United States District Court for the Eastern District of Kentucky in Ashland, Ky. A federal judge is hearing arguments Monday about Davis, one of a hand full of local officials across the country who are refusing to issue any marriage licenses after the U.S. Supreme Court's ruling legalizing same-sex marriage. The U.S. Supreme Court decided June 26 states cannot prohibit issuing marriage licenses to same-sex couples, but Davis has refused citing her religious beliefs. (AP Photo/John Flavell)
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Stivers says nearly all of Kentucky's laws governing marriage are invalid following the U.S. Supreme Court's decision in June that legalized same-sex marriage nationwide. For example, Kentucky's state law requires a couple seeking a marriage license to apply for one in the county "in which the female resides" or at another county so long as the woman applies for it.

"(The Supreme Court decision) clearly contemplates marriages that do not involve a female, as well as marriages that involve two females," Stivers' attorney wrote to the court. "It is unclear at this juncture what the proper venue for the issuance of a license for same sex marriages is after (the Supreme Court's decision.)

Davis objects to same-sex marriage for religious reasons. She stopped issuing marriage licenses after the Supreme Court legalized same-sex marriage nationwide. Two gay couples and two straight couples sued her, and Bunning ordered her to issue the licenses.

But Davis has refused to obey that order even though it was upheld by the U.S. Supreme Court. The four couples named in the lawsuit have asked Bunning to punish Davis by imposing fines against her. Bunning said he will decide after a court hearing, scheduled for Thursday. Davis will likely testify.

Wednesday, an attorney for Davis argued Bunning should not punish her for disobeying his order because she is unable to follow it. Jonathan Christman wrote that if Davis were to issue a marriage license to a same-sex couple it would "irreparably and irreversibly violate her conscience." Christman said Davis cannot separate herself from her religious beliefs even while she is an elected official.

"It is not as if Kim Davis the individual stops existing while Kim Davis is performing her duties as Rowan County clerk," Christman wrote.

Christman argued Davis should not be punished yet because she still has an appeal pending before a higher court on a related issue. And he said that if Bunning were to fine Davis for not obeying his order it would amount to criminal penalties that would be illegal because Davis has not exercised all of her rights, including the right to a trial by a jury.

Attorneys for the couples suing Davis have said she should be fined because she continues to earn a taxpayer-funded salary "for duties she fails to perform."

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