Ky. County Clerk Continues to Deny Marriage Licenses to Same-Sex Couples

A Kentucky county clerk has continued to refuse to issue same-sex marriage licenses to gay couples in defiance of the June Supreme Court ruling that made same-sex marriage a constitutional right.

Kim Davis, the county clerk of Rowan County, refused this week to issue a marriage license to William Smith Jr. and James Yates, who have tried three times to receive a marriage license in Rowan County.

Davis has refused to issue any marriage licenses, both for heterosexual and homosexual couples, since the June Supreme Court ruling that made gay marriage a constitutional right.

Earlier this month, Davis was ordered by a U.S. district judge to begin issuing licenses, although the judge stayed his ruling until August 31 so Davis may appeal his decision.

This week, Davis' appeal was rejected by the U.S. 6th Circuit Court of Appeals, although members of her office argue that they still have until the 31 to continue to deny marriage licenses.

Mat Staver, founder and chairman of the Liberty Counsel, the legal group representing Davis, told The Courier-Journal that government officials are equally allowed to express their constitutional rights to free speech.

"It suggests that individuals within a government agency don't have any independent constitutional rights," he said.

 "They don't lose their constitutional or statutory rights by virtue of working in a public office."

William Smith Jr., one of the men denied a license on Thursday with his partner, told Kentucky.com that he believes "Justice delayed is justice denied."

"We should be celebrating right now, enjoying our lives together," Smith said. "Instead, we're on nerves, waiting for someone to say we can get a marriage license."