O/T — Kentucky Marriage Equality Matter, Back In Judge Bunning’s US District Court, Come Tuesday. . .

More in a minute, but it seems the intrepid County Clerk, Mrs. Davis, feels the certificates should now read “issued only pursuant federal court order” — rather than the way they always did.

The state officials see this as a compromise, apparently — as they suggest this allows Davis to clear her conscience. So, the state says they are still valid certificates. The ACLU suggests these changes may make the certificates of questionable validity — after all, Kentucky law requires that county-level clerks issue them — under local authority. And, the ACLU says, these changes are in arguable violation of Judge Bunning’s order — telling the Clerk not to interfere with the orderly certificate issuance process. Here’s the full filing — for the very able Judge Bunning’s consideration come Tuesday, and a bit:

. . . .In fact, Davis has modified the marriage licenses currently provided by her office to state that they are issued only “Pursuant to Federal Court Order #15-CY-44 DLB”. . . .

Additional material alterations made by Davis to the licenses issued by her office include requiring her clerk to issue licenses in his capacity as a “notary public” rather than a deputy clerk of the Rowan County Clerk’s Office. Id. See also Notice of Filing by Bryan Mason. [RE #114.] These alterations call into question the validity of the marriage licenses issued, create an unconstitutional two tier system of marriage licenses issued in Kentucky and do not comply with the September 3 Order prohibiting Davis from interfering with the issuance of marriage licenses. . . .

So — we shall see. The notary public nonsense is of no moment — in my opinion.

It is a closer question as to whether a federal court will order another change to the certificates, once the state officials have declared them valid (even if I hate that the Clerk once again has meddled, to manufacture this latest “showdown” — between state and federal authorities). It is the duty of the clerk to simply comply with the law. Not clear her conscience. But I suspect this will be the end of it — Judge Bunning may well just say “she’s received too much attention, already. Her 15 minutes are. . . over“. Onward — Have a wonderful Saturday, one and all!


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