Clerk sues Kentucky governor over gay marriage directive

ROWAN COUNTY, Ky. (AP) – The Kentucky clerk who refused to issue marriage licenses to same-sex couples has filed a lawsuit against the governor, claiming he violated her religious freedom by telling all clerks that they must either issue licenses or resign.

On June 26, the day the U.S. Supreme Court ruled gay marriage bans are unconstitutional, Gov. Steve Beshear directed the state’s 120 county clerks to comply and begin issuing licenses to all couples.

Rowan County Clerk Kim Davis filed the lawsuit against Beshear on Tuesday, alleging that the directive violated her "sincerely held religious beliefs."

Davis refused to issue licenses, and four couples sued her last month. Davis’ lawsuit, filed by the conservative firm Liberty Counsel on her behalf, says the governor should be liable for the couples’ claims against Davis and accommodate her faith.

Terry Sebastian the Communications Director at the Office of Governor Steve Beshear says:

"We are reviewing Ms. Davis’ filing, but it appears at first glance that she doesn’t understand the interrelationship between the Governor, the Attorney General, the county clerks and the legislature. The Attorney General is not required to appeal every case. The Kentucky Supreme Court held that he is statutorily vested with the discretion as to which cases to pursue. At the same time, the legislature has placed the duty to issue marriage licenses squarely on county clerks.

The Governor’s letter to county clerks following the United States Supreme Court’s decision striking down bans on same-sex marriage advised the county clerks of their obligations to issue marriage licenses to all applicants regardless of their sexual orientation. The Governor has no legal authority over either the Attorney General or the county clerks. They are all separately elected officials who answer to the courts."