Judge dismisses all litigation against Kentucky clerk

FRANKFORT — Kentucky’s long-running controversy over marriage licenses and same sex-marriage appears finally over.

Federal District Judge David L. Bunning has dismissed all pending litigation over Rowan County Clerk Kim Davis’ refusal to issue licenses to same-sex couples.

Davis and Kentucky garnered national attention last year when Davis, an Apostolic Christian, said her deeply held religious beliefs prevented her from signing Kentucky’s previous marriage license form for same-sex couples in the wake of the United States Supreme Court decision legalizing same sex marriage.

When the ACLU of Kentucky sued on behalf of several couples, Davis refused Bunning’s order to issue the licenses. Bunning held her in contempt and sent her to jail for nearly a week while one of her deputies issued the licenses. Bunning released Davis after determining the licenses were being issued but not before Davis became a national symbol for those who opposed same-sex marriage.

She was visited in jail by Republican presidential candidates former Arkansas Gov. Mike Huckabee and Texas Sen. Ted Cruz and Matt Bevin, who was running for governor of Kentucky. Many believe the controversy helped boost Bevin’s successful campaign.

After Bevin’s election, the General Assembly altered Kentucky’s license form, no longer requiring the clerk’s signature. The form, which was ultimately approved by lawmakers and signed into law by Bevin, was endorsed by Davis before its passage.

But Davis had previously sought review by the Sixth Circuit Court of Appeals of Bunning’s rulings while the suits by rejected couples remained pending.

But according to Bunning’s Aug. 18 order, the “Sixth Circuit reasoned that the issues raised on appeal were rendered moot” by the changes to Kentucky’s marriage license and sent the matter back to Bunning, instructing him to vacate his injunction against Davis.

Because of that, Bunning wrote in his order, and “in view of the fact that the marriage licenses continue to be issued without incident, there no longer remains a case or controversy before the court.” He also dismissed the other suits and appeals of rulings by both Bevin and his predecessor Steve Beshear.

Davis’ attorney, Matt Staver of the Liberty Counsel, said Bunning’s order means Davis won her battle.

“We celebrate this victory for her and every American,” Staver said. “County clerks are now able to perform their public service without being forced to compromise their religious liberty.”

Ronnie Ellis writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.

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