News (USA)

Lawyer: Kim Davis may have interfered with gay marriage order again

Davis has said that any license issued — with or without her name — is not valid unless she authorizes it. However, when she was released from jail she changed the marriage license forms to say they were being issued under the authority of the federal court. Davis’ attorney said this new form, if OK with the judge, would solve the problem because gay couples would have a marriage license and Davis would have a clear conscience.

But lawyers with the American Civil Liberties Union, which represents the gay couples that sued Davis, said they are concerned the new forms might not meet the requirements of Kentucky state law. Hughes echoed those concerns in Friday’s court filing.

“Mr. Mason’s concern is he does not want to be the party that is issuing invalid marriage licenses and he is trying to follow the court’s mandate as well as his superior ordering him to issue only these changed forms,” Hughes said.

Mason is the only employee in Davis’ office who has said he does not object to issuing marriage licenses to same-sex couples. Hughes said he agreed with his fellow deputy clerks to issue the licenses to “ease the stress of the situation.” But Hughes noted the other clerks would issue the licenses if Mason were absent.

Mason has calmly and cheerfully issued marriage licenses in Rowan County, often amid a scrum of TV cameras and recorders documenting his every move. He has declined interview requests, and it is not clear what relationship he has with Davis. During her federal testimony, Davis described Mason as a “very loyal, very dedicated, very good employee.”

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