Kentucky
Governor Steve Beshear tried to impart a dose of reality on county clerks who wanted to refuse to issue marriage licenses to same-sex couples today. He pretty much told them to do their job or quit. And, he also told them that he would not call the state legislature back into session just to handle their problem. He also met with Casey County Clerk for about an hour regarding the issue. Casey County Clerk, Casey Davis, is also a pastor and has refused to issue marriage licenses to same-sex couples.
From kentucky.com:
Gov. Steve Beshear told Casey County Clerk Casey Davis Thursday that Davis should issue marriage licenses to every qualified person or resign.
Beshear met privately for an hour in his Capitol office with Davis, who objects on religious grounds to issuing marriage licenses to same-sex couples.
The governor later released a statement saying that he advised Davis that he respects his personal beliefs but that he took an oath to uphold the U.S. Constitution.
Apparently, that message did not sink in because Mr. Davis is still refusing to issue those marriage licenses to same-sex couples.
From The New Civil Rights Movement:
Davis says he is refusing to issue licenses to same-sex couples, and is refusing to resign.
"I'm going to trust the Lord with all my heart," Davis, who also happens to be a pastor, told reporters when he explained he would not change his position, nor resign. Davis then appeared to quote the Bible, and added, "my position remains."
Governor Beshear issued a public statement about the meeting. It follows:
“This morning, I advised Mr. Davis that I respect his right to his own personal beliefs regarding same-sex marriages," the Governor's statement reads. "However, when he was elected, he took a constitutional oath to uphold the United States Constitution. According to the United States Supreme Court, the Constitution now requires that governmental officials in Kentucky and elsewhere must recognize same-sex marriages as valid and allow them to take place. One of Mr. Davis’ duties as county court clerk is to issue marriage licenses, and the Supreme Court now says that the United States Constitution requires those marriage licenses to be issued regardless of gender. Mr. Davis’ own county attorney has advised him that his oath requires him to do so."
Also from NCRM
Exactly what did Mr. Davis want the Governor to do for him? He wanted the state to set up an online marriage licenses service.
From politicususa.com:
On Monday, Casey County, Kentucky clerk, Casey Davis, showed up at his governor’s office without an appointment to get privileged standing for his bigotry against same-sex couples. The governor was out of town, but Davis told the State Journal he had an “inspirational moment” after celebrating the Fourth of July. “The part of our national anthem that talks about the bombs bursting in air and how our flag was still there made me think of how those men and women were persecuted (during the American Revolution) and homosexuals were afforded their rights and I’m afforded mine.”
The privilege he wants is for the government to set up a website to sell marriage licenses so that he can perform his job “without it conflicting with [his] religious beliefs.” He also said, “I want [Governor Beshear] to call a special session about it. My solution would be to what everybody else called the law of the land, is to have an online issuance for marriage licenses so it takes it out of the hands of the individual.” And, “I think I deserve some sort of relief, that I took my oath to do this job to the best of my ability so help me God,” Davis said. “I cannot go beyond what my conscience allows.”
This is not to say online marriage licensing is a bad idea. The prospect of modernizing service to taxpayers is always a good idea.
As Republicans are so happy to point out regarding online health insurance exchanges, there can be problems with websites, meaning that eventually some applicants will have to have contact with a human being. Also, someone has to set up the system in the first place, and someone else has to test it and someone else again will have to approve it. And since it’s Casey’s idea, he ends up assisting in the very thing he opposes anyway.
It appears that Clerk Davis will have to be sued to get him to follow the law or pay the price for non-compliance. I suspect that will happen in the not too distant future. We'll see.