A court clerk in Kentucky, Kim Davis by name, that has refused to issue marriage licenses to Gay Couples despite directions by the governor of Kentucky to do so.
With the help of Liberty Counsel she brought suit in federal court claiming to issue licenses her rights under the 1st Amendment and violated Article 6 of the Constitution forbidding any religious test to hold government office.
Today Justice David Bunning issued a preliminary injunction ordering her to do her job.
Judge Bunning summarized the question as "Does the Free Exercise Clause likely excuse Kim Davis from issuing marriage licenses because she has a religious objection to same sex marriage?"
He decided that the "Court answers this question in the negative."
The judge then went on to articulate the reasons for his decision.
"The Court must again point out that the act of issuing a marriage license to a same-sex couple merely signifies that the couple has met the legal requirements to marry. It is not a sign of moral or religious approval."
Approval of the marriage is NOT a prerequisite to issuing a license. No one is asking the clerk not to disapprove.
"...Davis is simply being asked to signify that couples meet the legal requirements to marry. The State is not asking her to condone same-sex unions on moral or religious grounds, nor is it restricting her from engaging in a variety of religious activities."
Issuing a license to a same sex couple in no way restricts someone from practicing their religion.
"Davis remains free to practice her Apostolic Christian beliefs...However, her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County Clerk."
If you can't perform the job requirements due to religious convictions, you can't expect the job requirements to be changed to accommodate your beliefs.
Liberty Counsel has advised Davis to ignore the court ruling and has issued an appeal.
The problem here of course is that this is standing in the way of the right of others to get married. What's the old saying? Your rights end where the next guy's rights begin?
This is essentially someone throwing a tantrum because they can't have their way. It's childish and immature. As for Liberty Counsel, they're giving their client lousy advice.
It should be interesting to see how Judge Bunning responds. He can't allow the rights of gay couples to be trampled on pending appeal can he?