Victory Over ACLU Attempt to Violate Conscience

A federal judge has turned down the ACLU’s attempt to force Rowan County Clerk 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 6-days in jail last September after Judge Bunning held her in contempt of court for refusing to issue the unamended forms.

When she was released last September 8, presidential hopefuls Mike Huckabee and Ted 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. 

Matt Bevin, the Republican who would be elected governor that November, promptly granted Davis an accommodation and signed the first new regulation on abortion in a dozen years shortly after taking office.  [read my previous blog dated February 15, 2016]

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.”

“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.”

Rev. Dr. Kenneth L. Beale, Jr.

Chaplain (Colonel-Ret), U.S. Army

Pastor, Ft. Snelling Memorial Chapel