Couples want Kim Davis to stop altering marriage license forms
LOUISVILLE — As Rowan County Clerk Kim Davis appears in two televised interviews this week, couples in her high-profile case are seeking a new court order to prevent her from altering marriage licenses, a move that has kept her out of jail while also raising questions over validity of the forms.
Davis returned to work last week following her release from jail, and said she will not block a deputy clerk who began providing marriage licenses to couples while she was in custody.
However, Davis has modified wording on the licenses to remove any mention of her name or office. A license now states that it was issued pursuant to a federal court order rather than the county clerk, and a space normally signed by the deputy clerk is now initialed by a "notary public."
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Attorneys for the couples argued in a motion Monday that the alterations create a two-tier system, treating LGBT couples as second-class citizens whose marriages are unworthy of official recognition. The modified forms also create "considerable uncertainty" over the legality of their licenses and marriages, the motion says.
"Her intentional creation of such uncertainty surrounding the exercise of a fundamental right like marriage — an uncertainty not faced by couples in other counties — is a significant burden and injury that plaintiffs and members of the putative class ought not bear," attorneys wrote. "Nor should Plaintiffs and members of the putative class have to endure the humiliation and stigma associated with the receipt of marriage licenses that are effectively imprinted with Davis’ opprobrium."
U.S. District Judge David Bunning jailed Davis for six days after she refused to heed a preliminary injunction against her and issue the forms. When Bunning released her from jail on Sept. 8, he warned Davis not to interfere with deputy clerks who had agreed in court to provide the forms over her objections.
According to the motion, state law dictates contents of the form and calls for use of a uniform license throughout the state. It also requires an authorization statement from the county clerk and provides no similar authority to notaries.
The couples are asking Bunning to prohibit Davis from altering any license and direct deputy clerks to issue forms without the changes. Monday's motion argues that violations should result in fines and placement of the clerk's office into a receivership. It also calls for re-issue of licenses that have been given out since Davis returned to work.
The motion comes as Davis is scheduled to appear in interviews with national media.
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ABC World News Tonight promoted a segment Monday that is set to air on Tuesday's edition of Good Morning America. According to the promo, Davis was asked what part of the controversy has hurt her most.
Davis told ABC News correspondent Paula Faris that "what people say about me does not define who I am. That's everybody's opinion and that's everybody's right. I've been called Hitler. I've been called a hypocrite. I've been called a homophobe. I've been called things and names that I didn't even say when I was in the world. Those names don't hurt me. What probably hurts me the worst is when someone tells me that my God does not love me."
Megyn Kelly with FOX News also will air an interview with Davis at 9 p.m. Wednesday on the The Kelly File. The exchange is expected to touch on whether Davis disobeyed a federal court order by altering marriage licenses.