Marriage licenses being issued by Clinton Clerk

Posted September 9, 2015 at 2:31 pm

The battle between same-sex couples in Rowan County and Rowan County Clerk Kim Davis has been in the national spotlight since the Supreme Court’s recent ruling legalizing same-sex marriage in all 50 states.

Kentucky has 120 counties within its boundaries and as of last week, Gov. Steve Beshear said 117 county clerks were complying with the supreme court ruling and 117 were issuing marriage licenses.

The three that weren’t include Davis of Rowan County, Casey Davis of Casey County and Kay Shwartz of Whitley County.

During a federal court hearing Thursday, Rowan County Clerk Davis was held in contempt of court and jailed for her decision not to issue marriage licenses. Friday, however, Davis’ clerks had agreed to issue the licenses.

Gov. Beshear said the legislature has placed the authority to issue marriage licenses on county clerks by statute, and he has no legal authority to relieve them of that statutory duty by executive order.

“The General Assembly will convene in just four months and can make any statutory changes it deems necessary at the time,” Beshear said in a statement released by his office last week. “I see no need to spend hundreds of thousands of dollars of taxpayers’ money calling a special session of the General Assembly when 117 of 120 county clerks are doing their jobs.”

Clinton County Clerk Shelia Booher wasn’t issuing marriage licenses in the beginning of the controversy, but said during an interview Friday, she is issuing licenses to people who live in Clinton County.

Booher said even though most counties are now issuing the licenses, she believes many of the clerks still don’t want to issue the licenses.

“More than half don’t want to do it,” Booher said. “I don’t want to do anything to offend anybody. I think that she (Davis) took an oath in December and this wasn’t part of that oath. This was something that happened after she took the oath. They passed the law that it’s legal now. About 57 clerks in the state sent a letter to the governor stating their objections to giving out marriage licenses.”

Booher did say she was one of the 57 clerks who sent a letter in and she also said in that letter, as well as many of the other clerk’s letters, a suggestion for the State of Kentucky would be to make the marriage licenses available online.

“You can already sign up to vote online, get hunting and fishing licenses online, and even order birth certificates online,” Booher said. “I don’t want to cause any trouble, but I think that would be a great solution.”

Booher said since the decision to make same sex marriage legal in the United States, her office had issued only five or six marriage licenses and to her knowledge all have been for mixed sex couple marriages.

“Everybody says well ‘it’s her job’ and a lot of people in Albany feel like that,” Booher said. “If she (Davis) would have known this when she went in then it would have been she and a bunch of us (clerks) probably wouldn’t have run (for office).”