Written by Don Byrd
To close the book (maybe?) on a story that dominated headlines earlier this year, newly elected Kentucky Governor Matt Bevin has ordered the state’s Department for Libraries and Archives to create a marriage license form that no longer includes clerk names. Citing the state’s RFRA law, Governor Bevin’s order claims the previous licenses violate the religious freedom rights of clerks who object on religious grounds. (The Lexington Herald-Leader report notes that critics dispute whether the Governor has the authority to change the law through Executive Order.)
Following the Supreme Court’s decision in Obergefell, ruling unconstitutional state laws that prohibited same-sex marriage, Rowan County (KY) Clerk Kim Davis refused to issue marriage licenses. She argued that her name on the license amounted to a personal endorsement of marriages that conflict with her religious beliefs. The firestorm that followed was part of the biggest religious liberty story of 2015 (see my top ten religious liberty stories of 2015). Courts rejected her claims that requiring her to fulfill her sworn duty as an elected official violated her First Amendment religious freedom rights.
You can view the Governor’s Order, which includes a sample Marriage License and Marriage Certificate form, here.
