Clerk's office defies order; no same-sex marriage licenses

Rowan County clerk Nathan Davis, right, informs David Moore Thursday that the clerk's office will not be issuing marriage licenses to same-sex couples, in defiance of an order from a federal judge in Morehead, Kentucky.
Rowan County clerk Nathan Davis, right, informs David Moore Thursday that the clerk's office will not be issuing marriage licenses to same-sex couples, in defiance of an order from a federal judge in Morehead, Kentucky.

MOREHEAD, Ky. (AP) - A clerk's office turned away gay couples who sought marriage licenses on Thursday, defying a federal judge's order that said deeply held Christian beliefs don't excuse officials from following the law.

The fight in Rowan County began soon after the Supreme Court legalized gay marriage nationwide in June. County Clerk Kim Davis cited her religious beliefs and decided not to issue marriage licenses to any couple, gay or straight. Five couples sued in federal court, and legal experts likened the case to the resistance some local officials in the South put up five decades ago after the Supreme Court legalized interracial marriage.

"I will say that people are cruel, they are cruel, these people are cruel," said a tearful David Ermold, who was denied a license to marry his partner of 17 years. "This is how gay people are treated in this country. This is what it's like. This is how it feels."

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.

Davis wasn't at her office Thursday, but deputy clerk Nathan Davis said the office was advised by its attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals.

"Kim Davis is just an example of what's going to be happening not only to other clerks but to other people who are going to be confronted with this issue and we think that this is a serious matter that needs to be decided by a higher court, even the Supreme Court," said Liberty Counsel founder Mathew Staver.

James Yates and William Smith Jr., a couple for nearly a decade, were the second pair turned away Thursday. They also were turned away a month ago.

They described a disconnect between the clerk's office and their experience in the community of Morehead, a college town they say has long been open and accepting. They held hands as they walked into the clerk's office, and gay rights activists shouted "Good luck!" from the street, holding signs reading "clerk not clergy" and "obey the law."

The couple joined the protesters after the office refused to give them a license.

"I still get frustrated sometimes, but then I take a deep breath and go on. I know it's going to get resolved. It's just a matter of when," Yates said.

In Kentucky, county clerks issue marriage licenses, and someone else must "solemnize" the marriage. Then the license can be filed with the county clerk.

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