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Ky. deputy clerk won’t listen to Davis, will grant gay-marriages

Deputy clerk to obey judge

Upon her release neither Davis, who refused to grant gay-marriage licenses because it goes against her Christian conscience, nor her lawyer would answer that question and when she returns, she’s left the door open to trying to use her elected position to stop the issuing of gay-marriage licenses. However, she may not be able to stop them regardless.

U.S. District Judge David Bunning said that five deputy clerks have “stated under oath they would comply with the court order and issue marriage certificates to all legally eligible couples.” He also said Davis, 49, will face “appropriate sanctions” should she try to interfere. Marriage licenses have been granted to heterosexual and gay couples during the five days Davis spent behind bars.

At least one deputy clerks has spoken to media and said orders from Davis won’t stop him from issuing licenses to all couples. Rowan County Deputy Clerk Brian Mason said should his boss tell him to cease issuing them he will tell her that he must follow the judges orders and issue them. While Davis was in jail, 10 marriage licenses were issued by the office; seven of those went to same-sex couples.

Davis: official misconduct

And it appears Davis, who said through her lawyer she will take a few days off to be with family and return to work Friday or Monday, may, for now at least, avoid further legal troubles. Kentucky Attorney General Jack Conway said he will not appoint a special prosecutor to look into an official misconduct charge against her.

A couple denied a marriage license by Davis asked that the state look into charging her. A misconduct charge can be leveled against public officials in the state who fail to exercise their duty. However, for now at lest, Conway said that “Judge Bunning and the federal court have control of this matter, and therefore a special state prosecutor is not necessary at this time.”

Meanwhile some of those protesting the exalted status Davis has been accorded by fundamental Christians have put out posters denouncing the idea that she is being honourable. One poster notes that “Kim Davis is not like Rosa Parks. She is the bus driver who refused to drive the bus when Rosa did not move.”

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