Kim Davis, clerk of Rowan County, Kentucky, is being sued once again after allegedly altering the marriage licenses issued by her office — possibly in defiance of a court order.
USA Today reported
that Davis returned to work last week after she was jailed for contempt of court. Having stopped issuing marriage licenses to all couples after the Supreme Court's validation of same-sex marriage in June, she told a judge she would not follow the law for religious reasons as an Apostolic Christian.
Now, after returning to work — where her deputies issue the licenses — she's accused of altering the licenses themselves.
The American Civil Liberties Union filed documents Monday saying all mentions of Davis' name and the county office have been removed. The ACLU also said the license is issued pursuant to court order and not the county clerk, and that a space reserved for a deputy clerk's signature now refers to a "notary public" instead.
"Considerable uncertainty" regarding the validity of the licenses has been created by the new alterations, the complaint states.
"Her intentional creation of such uncertainty surrounding the exercise of a fundamental right like marriage — an uncertainty not faced by couples in other counties — is a significant burden and injury that plaintiffs and members of the putative class ought not bear," attorneys wrote. "Nor should Plaintiffs and members of the putative class have to endure the humiliation and stigma associated with the receipt of marriage licenses that are effectively imprinted with Davis’ opprobrium."
The filings ask that the forms be reverted to their original state, where they can continue to be signed by deputy clerks.
According to NBC News
, Davis' lawyer, Mat Staver, said in a statement that his client "has made a good faith effort to comply with the court's order and has not prevented the issuance of marriage licenses by Deputy Clerks. While these licenses do not have her name on them, the Governor said last Monday they were valid."
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