The same judge who ordered Kentucky clerk Kim Davis to jail last year issued a ruling in her favor this week when he decided that the marriage licenses she has been issuing, which do not include her name, are valid under state law.
The Christian Post is reporting on the ruling by U.S. District Court Judge David Bunning which came as a result of charges made by the American Civil Liberties Union (ACLU) that licenses issued without Davis’ name were not valid. They asked the court to force the Christian clerk of Rowan County to reissue marriage licenses with her name on them or face further consequences.
The charges were made in spite of the fact that Kentucky’s new Republican Governor, Matt Bevin, issued an executive order to protect the conscience rights of Christian clerks who oppose same-sex marriage by changing the wording on state marriage licenses so that the names of clerks are not legally required to appear.
Davis made the same request of former Democratic Governor Steve Beshear last year as a way to accommodate her religious beliefs, but Beshear refused. This resulted in a media firestorm that led to her being incarcerated for several days.
This time, Bunning ruled in favor of Davis, declaring the ACLU’s argument to be moot because Davis’ office has been issuing licenses – without Davis’ name on them – to all eligible couples since September and that these licenses are likely valid under state law.
“Since plaintiffs filed this motion, the court has received numerous status reports from the Rowan County Deputy Clerks,” Bunning wrote. “There has been no indication that Davis has continued to interfere with the issuance of marriage licenses since Sept. 20, 2015.”
He added: “Moreover, there is every reason to believe that any altered licenses issued between Sept. 14 and Sept. 20, 2015, would be recognized as valid under Kentucky law, making re-issuance unnecessary.”
Liberty Institute’s Mat Staver, who represented Davis, praised the ruling and claimed the ACLU’s continued pursuit in this case was due to malice toward his client.
“From the beginning we have said the ACLU is not interested in marriage licenses,” Staver said in a statement to The Washington Post. “They want Kim Davis’ scalp. They want to force her to violate her conscience. I am glad the court rejected this bully tactic.”
A final decision about the validity of the new marriage licenses will be determined by state courts in the near future.
© All Rights Reserved, Living His Life Abundantly®/Women of Grace® http://www.womenofgrace.com
