Home
/
RELIGION & LIBERTY ONLINE
/
Explainer: The Kentucky Clerk Marriage License Controversy
Explainer: The Kentucky Clerk Marriage License Controversy
May 15, 2026 9:31 AM

What is the story about?

When the Supreme Court handed down the <Obergefell v. Hodges ruling, it made same-sex marriage legal throughout the U.S. and required every state to issue marriage licenses to same-sex couples. Kim Davis, the county clerk in Rowan County, Kentucky, said she could not issue marriage licenses to same-sex couples because of her religious objections. To avoid claims that she was discriminating, Davis stopped issuing all marriage licenses — to both same-sex and opposite sex couples.

Two gay couples and two straight couples sued her, arguing that her duties as an elected official required her to act, despite her personal religious beliefs. A federal judge ordered her to issue the licenses, and the Sixth Circuit Court of Appeals agreed. She appealed to the Supreme Court, which denied her request without explanation in a brief one-line order. Since then she has still refused to issue marriage licenses.

On September 3, Davis was found to be in contempt of court and was taken into federal custody.

Who is Kim Davis?

Davis has worked in the Rowan County Clerk’s office for 27 years as a Deputy Clerk (her mother was the clerk for decades). In 2014, she ran as a Democrat and was elected as Clerk. She is a member of congregation of the Apostolic Pentecostal Church.

What are Davis’s specific objections?

On September 1 Davis issued a statement that included an explanation for her act of civil disobedience:

I never imagined a day like this e, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage. To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God’s Word. It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act. Our history is filled with modations for people’s religious freedom and conscience. I want to continue to perform my duties, but I also am requesting what our Founders envisioned – that conscience and religious freedom would be protected. That is all I am asking. I never sought to be in this position, and I would much rather not have been placed in this position. I have received death threats from people who do not know me. I harbor nothing against them. I was elected by the people to serve as the County Clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.

Is Davis the first clerk to ignore the law regarding the issuance of marriage licenses?

No. In fact, a similar controversy erupted in 2004 when San Francisco Mayor Gavin Newsom directed the city-county clerk to issue marriage licenses to same-sex couples. The legal dispute over the issuance of marriage licenses to same-sex couples led to the 2008 In re Marriage Cases ruling by the California Supreme Court, which legalized same-sex marriage in California.

Davis is also not the only clerk to dissent since the Obergefell ruling, but she became the focus of media attention because of a video taken showing her office’s refusal to issue a marriage license.

Why doesn’t the county just fire Davis instead of putting her in jail?

Because Davis is an elected official, she can only be removed from office for impeachment. That would require the Kentucky House of Representatives to charge her with an impeachable offense and the Senate would then try her. Impeachment is unlikely since few citizens in Kentucky support same-sex marriage.

A poll taken in August found that 38 percent of the state’s residents said county clerks who refuse to issue marriage licenses should be removed from office, 36 percent said clerks should be allowed to refuse, and 16 percent said the power to issue marriage licenses should be transferred to a state agency.

Should county clerks be able to refuse to issue marriage licenses?

Opinions differ among Christians about how exactly government officials should obey the law and still maintain the biblical witness on this issue.

Russell Moore, president of the Southern Baptist Ethics & Religious Liberty Commission, recently told the Baptist Press the government “ought to provide its employees with all protections possible to the furtherance of maintaining public order.”

“There are better solutions available than the one in Kentucky that needlessly pits the rule of law against freedom of conscience. The governor and legislature of Kentucky could act to modate county clerks whose consciences object to issuing same-sex marriage licenses while still maintaining the rule of law.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Explaining Social Mobility Using Legos
“Can you explain that important economic concept using Legos?” Apparently, someone must have said that to Richard Reeves, an economist at the Brookings Institution economist, because he’s made a brief video using Legos to visualize social mobility. There are two reasons I really appreciate this video. First, I love to see important economic issues explained in an accessible and entertaining manner. Second, as I’ve repeatedly said to anyone who will listen, social mobility — specifically getting people out of poverty...
Watch ‘The Economy of Creative Service’ for Free
For the Life of the World: Letters to the Exilesisa 7-part series from the Acton Institute that seeks to examine the bigger picture of Christianity’s role in culture, society, and the world. Today you can watchepisode 3,The Economy of Creative Servicefor free all day today at premiere.flannel.org. Below is the trailer for episode 3. ...
Social Ethics in a Season of Suffering
In a reviewby Micah Watson of Get Your Hands Dirty: Essays on Christian Social Thought (and Action)earlier this year at The Gospel Coalition, Watson described the book as “akin to a social event with heavyhors d’oevres served throughout the evening.” There were, however, some offerings in this tapestry of tapas, so to speak, that Watson thought deserved an entree presentation. For instance, Watson wonders about distinguishing principle from prudence, a framework that runs throughout the book and broader Christian social...
Audio: Can Catholics, Orthodox, and Evangelicals Learn from Each Other?
This summer during Acton University, I had the opportunity to be part of a recording for Moody Radio’s Up for Debate program, which has just recently been posted online. The subject for discussion was “Can Catholic, Orthodox, and Evangelical Christians Learn from Each Other?” The participants were Jay Richards (Roman Catholic), Distinguished Fellow of the Institute for Faith, Work, & Economics and aSenior Fellow of the Discovery Institute, John Stonestreet (Evangelical), Fellow of the Chuck Colson Center for Christian Worldview,...
Video: Ron Blue on Perpetual Generosity
On Tuesday, the Acton Institute ed Ron Blue to the Mark Murray Auditorium to deliver an address on the topic of “Perpetual Generosity.” In his lecture, Blue draws from his nearly 50 years in the financial services world, with 35 of those working almost exclusively with Christian couples, in order to lay out some basic principles and strategies for developing and wisely distributing wealth. Over this time,he has observed that those who are consistently generous over the long term exhibit...
More Than One-Third of American Households Receive Welfare
More than 100 million Americans are getting some form of “means-tested” welfare assistance, reports Investor’s Business Daily: The Census Bureau found 51 million on food stamps at the end of 2012 and 83 million on Medicaid, with tens of millions of households getting both. Another 4 million were on unemployment insurance. The percentage of American households on welfare has reached 35%. If we include other forms of government assistance such as Medicare and Social Security, almost half of all households...
Happy Money
In his August 24, 2014 syndicated column Scott Burns tells of a study by Dunn and Norton who give five principles for having “Happy Money.” Buy experiences not things: go to Chicago rather than buy a new stuff.Make it a treat: don’t keep ice cream in the house, make it special by anticipating going out every Tuesday night for ice cream.Buy time: we are “time poor” people so slow down and avoid expenditures that devour time.Pre-pay your vacation so you...
Actress Fails Logic: Pink T-shirts, Sexism And Hobby Lobby
Despite my esteemed background in high school drama (I starred in several productions), I don’t critique acting, except over the water cooler. I don’t have a clue what it takes to make a movie, let alone make a movie well. I assume Scarlett Johansson does, as she’s made a number of them. But clearly, Ms. Johansson doesn’t do so well with logic. Ms. Johansson has designed t-shirts for Planned Parenthood. The hot pink t’s feature a cartoon male on the...
Some Thoughts on Economic Patriotism
Sic semper tyrannis, eh? The Burger King acquisition of Tim Hortons and the resulting plans to move the corporate headquarters under the taxing authority of the Canadian government is being derided by some as unpatriotic. This is the latest in a long string of similar phenomena over the last decade or so, as we see patriotic loyalty (or the lack thereof) ing a political issue in the context of offshoring, globalization, outsourcing, and so on. A response to the charge...
The Accra Confession after Ten Years
The Accra Confession, a document arising out of the Reformed ecumenical movement, was promulgated ten years ago. At the time, Rev. Jerry Zandstra and I wrote with some rather harsh criticisms of the document. In the meanwhile, the original group that organized the Accra Confession, the World Alliance of Reformed Churches, merged with a smaller ecumenical group, the Reformed Ecumenical Council, to create the World Communion of Reformed Churches (WCRC). At the Uniting General Council held at Calvin College in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved