Kim Davis defeats ACLU attempt to force her to violate her conscience
A federal judge has turned down the ACLU's attempt to force Kim
Davis to violate her conscience while issuing marriage licenses to same-sex
couples.
Although Governor Matt Bevin granted a religious accommodation
for the county clerk to issue altered marriage licenses to homosexuals, the
ACLU brought a lawsuit seeking to force Davis to issue the old forms with her
full name on them.
"There is absolutely no reason that this case went so far
without reasonable people respecting and accommodating Kim Davis' First
Amendment rights," said Mat Staver, the founder and chairman of Liberty
Counsel, who is defending Davis. "Today's ruling by Judge Bunning
rejected the ACLU's request to hold Kim Davis in contempt of court."
Kim Davis is a born again Apostolic Christian who refuses to
issue marriage licenses bearing her name to homosexuals, because doing so would
imply her consent and participation in something the Bible deems sinful. "It's
a Heaven or Hell decision,"she said. Davis contacted state
legislators and former Gov. Steve Beshear, a Democrat, seeking a religious
accommodation that would alter the form but allow her office to recognize gay
unions, to no avail.
Ultimately, she spent six days in jail last September after Judge
Bunning held her in contempt of court for refusing to issue the unamended forms.
"Those who are persecuting Kim Davis believe that Christians
should not serve in public office," Senator Ted Cruz said after her arrest.
When she was released
last September 8, presidential hopefuls Mike Huckabee and Cruz showed up to wish
her well.
"Lock
me up" in Kim Davis' place, Mike Huckabee said. "Let Kim go."
When Davis
returned to work last September 14, she allowed other employees to
grant new certificates that did not have her name on them.
Deputy Rowan County Clerk Brian Mason said that Davis “confiscated
all the original forms, and provided a changed form which deletes all mentions
of the County, fills in one of the blanks that would otherwise be the County
with the Court’s styling, deletes her name, deletes all of the deputy clerk
references, and in place of deputy clerk types in the name of Brian Mason, and
has him initial rather than sign.”
Matt Bevin, the Republican who would be elected
governor that November, promptlygranted
Davis an accommodation and signed the
first new regulation on abortion in a dozen
years shortly after taking office.
But the ACLU sued to force Davis to issue the old certificates,
anyway. Judge Bunning wrote that would be unnecessary.
"There is every reason to believe that any altered licenses
issued between September 14, 2015, and September 20, 2015, would be recognized
as valid under Kentucky law, making re-issuance unnecessary," wrote Judge David Bunning, a Republican whose father
Jim Bunning, was a baseball great and former U.S. senator. "Under these
circumstances, the court finds that Plaintiffs’ request for relief is now
moot."
Since returning to work, Davis has met with Pope Francis and
attended President Obama's last State of the Union address.
"From the beginning we have said the ACLU is not interested
in marriage licenses. They want Kim Davis' scalp," Staver said. "They
want to force her to violate her conscience. I am glad the court rejected this
bully tactic."
