Kentucky Same-Sex Marriage Case: ACLU Files Contempt Of Court Motion Against County Clerk For Denying Gay Marriage License

The American Civil Liberties Union (ACLU) of Kentucky filed a federal motion Tuesday requesting U.S. District Judge David Bunning to hold county clerk Kim Davis in contempt of court for denying marriage license to a gay couple after the U.S. Supreme Court ruled against Davis who had refused to process gay weddings citing her Christian beliefs.

The ACLU lawyers said plaintiffs April Miller and Karen Roberts went to the Rowan county clerk’s office Tuesday morning to get a marriage license. However, Davis declined to issue the license citing a “pending appeal.” However, the Supreme Court had dismissed her appeal Tuesday after its late Monday ruling.

“Despite plaintiffs’ attempts to point out that Davis’ stay requests had been denied, the deputy clerk reiterated the refusal. Plaintiffs’ additional request to speak with Kim Davis was denied,” the ACLU said, according to court documents.

The ACLU lawyers told the court that the petitioners do not seek incarceration for Davis, but only request financial penalties "sufficiently serious" to compel her immediate conformity to the law. The ACLU also urged the judge to "state unambiguously" that his initial injunction is applicable to marriage licenses for all couples, and not just the complainants in the case.

Fellow clerk Casey Davis sided with Kim Davis and maintained that "we've not tried to prevent" same-sex marriages, but "we've only tried to exercise our First Amendment rights," CNN reported. Casey argued that homosexual couples can get married in another county.

Lawyers for Kim Davis reportedly said, in court papers, that her "conscience forbids her from approving a (same-sex marriage) license -- because the prescribed form mandates that she authorize the proposed union and issue a license bearing her own name and imprimatur."

"In her belief," the lawyers wrote, same-sex marriage "is not, in fact, marriage."