The injunction only protects the four plaintiff couples. I don't know if he's correct, but Howard Wasserman reports ( http://prawfsblawg.blogs.com/prawfsblawg/2015/08/a-first-take-on-recalcitrant-county-clerks.html#more) that the clerk's refusal to issue licenses today was with respect to couples *other than* the plaintiffs -- in which case this would not be a case of refusal to abide by an injunction. I don't know whether any of the four plaintiff couples applied for a license today and, if so, what happened to them.
On Thu, Aug 13, 2015 at 8:52 PM, Phillip Sparkes <spark...@nku.edu> wrote: > Since the decision in Obergefell, Kim Davis, the county clerk in Rowan > County, Kentucky, has refused to issue (and refused to allow any assistant > clerk to issue) marriage licenses to any couple in order to avoid issuing a > marriage license to a same-sex couple. Couples were instead directed to > obtain licenses from clerks in adjoining counties. Couples denied licenses > sued the clerk, and the clerk filed a third-party complaint against the > governor, who had instructed all county clerks to abide by the Supreme > Court decision. In her suit, the clerk raised both free speech and free > exercise claims. > > > > Wednesday, the court issued its opinion. In it, the court said that the > clerk’s religious convictions do not excuse her from performing the duties > of her office and enjoining her no-marriage-license policies. Issuing the > license, the court said, “does not require a county clerk to condone or > endorse same-sex marriage on religious or moral grounds. It simply asks the > county clerk to certify that the information provided is accurate and that > the couple is qualified to marry under Kentucky law. Davis’ religious > convictions have no bearing on this purely legal inquiry.” The court > enjoined the clerk’s continued application of the “no licenses” policy. > > > > Liberty Counsel, which represented the clerk, immediately filed an appeal > and applied for a stay. USA Today reports that, despite the court order and > on the advice of counsel, the clerk’s office continues to refuse to issue > any licenses. > > > > The case is Miller v. Davis, no. 15-44-DLB (E.D. Ky.). The clerk's > complaint is at > https://www.liberty.edu/media/9980/attachments/2015/080515_Complaint_-_Davis_Third_Party_Complaint_against_Gov_Beshear_FINAL.pdf, > <https://www.liberty.edu/media/9980/attachments/2015/080515_Complaint_-_Davis_Third_Party_Complaint_against_Gov_Beshear_FINAL.pdf.> > the court's opinion and order is at > http://mediad.publicbroadcasting.net/p/wvxu/files/201508/miller_v._davis.pdf, > and the USA Today story is at > http://www.usatoday.com/story/news/nation/2015/08/13/ky-clerk-defies-order-gay-marriage-license/31618349/. > > > Phillip M. Sparkes > Local Government Law Center > ------------------------------ > > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
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