Well that didn’t take long. A week after the U.S. Supreme Court declared bans on same-sex marriage unconstitutional, the ACLU of Kentucky has filed a class-action lawsuit challenging a Rowan County clerk’s refusal on religious grounds to issue marriage licenses.
Both sides of this dispute touches on religious liberty concerns. The defendant, County Clerk Kim Davis, argues that religious freedom rights protect her from having to issue licenses. The plaintiffs, meanwhile, claim not only that their right to marry is being unlawfully being denied, but that the Establishment Clause of the First Amendment is also violated by the actions of the clerk in her official government capacity.
Here is that excerpt from the complaint:
61. The official statements of purpose given by Defendant Davis for adopting the challenged policy were her “deep religious convictions” opposing same-sex marriage and her religiously-motivated unwillingness to issue marriage licenses to same-sex couples.
62. The primary or principal purpose for the adoption of Defendants’ policy was to promote one particular religious viewpoint about marriage.
63. An objective observer would conclude, based upon the available information regarding official statements of purpose, that the Defendants’ policy was adopted primarily for religious reasons.