1. Kim Davis was elected and swore or affirmed to uphold the Kentucky constitution, which only recognizes marriage between a man and a woman.
2. Supreme Court reinterpreted or decided that there was no law against (but certainly no law in favor of) gay marriage.
3. Kim Davis determines this new interpretation is not consistent with the Constitution (u.s. , not state) as it was when she swore her oath.
4. Supreme Court doesn’t have actual jurisdiction over Kentucky state offices
5. Kentucky governor orders clerks to comply with SCOTUS
6. Kentucky governor has no standing.
7. Kentucky Supreme Court is only court with jurisdiction.
Kim Davis’ religious views really have no play in this. Her religious conviction can drive her actions, but this is purely a states right issue. She is not bound by the SCOTUS decision. The law has to be changed at the state level with a vote put to the people of Kentucky.
She is not breaking any law.
As Kentucky law stands:
Any clerk who knowingly issues a marriage license in violation of KRS Chapter 402 shall be guilty of a Class A misdemeanor. Any clerk who knowingly issues a marriage license to any persons prohibited by KRS Chapter 402 from marrying shall be fined $500 to $1,000 and removed from office by the judgment of the court in which convicted (KRS 402.990).
And so what would be a violation of KRS Chapter 402? Oh, well if the clerk issued a license to known relatives, someone who already has a living spouse, someone underage, AND to couples of the same sex. Read the law!
In Kentucky only persons of the opposite sex may enter into marriage. See Elkhorn Coal Corporation v. Tackett, Ky., 49 S.W.2d 571, 573 (1932). Thus in Jones v. Hallahan, Ky., 501 S.W.2d 588 (1973), the court held that the attempted marriage between two women was not a valid marriage since by being of the same sex they were incapable of entering into a “marriage” as the term is defined by common usage. The court concluded that it could find “no constitutional sanction or protection of the right of marriage between persons of the same sex.”
Look it up. She’s upholding KY laws. People just need to stop with the narrative that she is being persecuted for her religious belief. Belief, or not, she is legally in the right.