Wednesday, December 23, 2015

Despite assertions to the contrary, Kim Davis' name remains on the paperwork

Kim Davis

Will this saga never end? Newly minted Kentucky Governor Matt Bevin did, indeed, issue an executive order. In a press release, Mat Staver, head of the anti-gay hate group Liberty Counsel, virtually screams: “Governor Matt Bevin Issues Executive Order Protecting KY Clerk Kim Davis.” Not so fast.

Before I get into this, Davis boasted that her office would never license a same-sex marriage. The idea that Kim Davis' objection was that her name was on the paperwork was never a serious proposition. It became the center of attention after Staver got his ass kicked at the US Court of Appeals for the Sixth Circuit. In brief, the US district court issued an order requiring Davis to license same-sex marriages. Liberty Counsel requested a stay at the appeals court. In denying the stay the Court ridiculed Davis and indicated that she had no chance of prevailing on appeal. Only then, out of legal options, did attention shift to Davis's name on the paperwork.

Now, onto Governor Bevin's executive order:
Click to enlarge
Bevin did, in fact, remove the county clerk's name from the license application. However, note the second part of the order which maintains the marriage certificate as is:
Form attached to executive order
Click to Enlarge

Go down to the line that starts “Recorded this.” That line requires the name of the county clerk and Bevin specifically indicated that it would not be changed. The possibilities are endless. Is this a fuck-up or did Bevin conclude that the form could not be changed and Staver needed to claim a win?

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