The American Civil Liberties Union today filed a motion in Kentucky District Court asserting that the Rowan County clerk’s office has failed to comply with orders that directed deputy clerks to issue marriage licenses without interference by Clerk Kim Davis.

The motion argues that the significant alteration of licenses at the direction of Ms. Davis – having a deputy sign them as a notary public rather than as a deputy clerk, removing any reference to the Rowan County clerk’s office, and stating that they are issued pursuant to court order – violates the court’s September 3 order directing Ms. Davis and her deputies to issue licenses and its September 8 order that released Ms. Davis from jail under the condition that she not interfere with the process.

“The clerk’s office needs to issue valid licenses that comply with the court’s orders,” said James Esseks, director of the ACLU’s Lesbian, Gay, Bisexual and Transgender Project. “It’s sad that Ms. Davis has continued to interfere with the basic constitutional right of all loving couples to marry and that the plaintiff couples have to ask the court to intervene once again.”

The filing asks the court to order the clerk’s office to issue the same licenses that were issued on or before September 8, when Davis was released from jail. The motion also asks the court to order the deputy clerks to disregard any contrary instructions from Ms. Davis and requests that she be ordered to immediately stop interfering or face civil contempt fines and the placement of the clerk’s office into a receivership for the purpose of issuing marriage licenses.

Today’s filing is available at:
https://www.aclu.org/legal-document/miller-v-davis-motion-enforce

More information about Miller v. Davis is available at:
https://www.aclu.org/cases/miller-v-davis

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