Kentucky governor orders clerks' names removed from marriage licenses

The Kentucky Legislature will be meeting on this coming Tuesday for their annual meeting. The session lasts for 60 days. This is the legislature that has the power to impeach Kim Davis. I seriously doubt that will happen, now that she's been granted her exemption by the governor.

The Kentucky legislature convenes in regular session on the first Tuesday after the first Monday in January for 60 days in even-numbered years...

www.lrc.ky.gov...

What to Expect From the Kentucky General Assemply Session

▪ Marriage licenses. Conservative lawmakers unhappy about the U.S. Supreme Court decision last year legalizing same-sex marriage want to express support for county clerks, like Rowan County’s Kim Davis, who no longer want their names on marriage licenses.

Bevin ordered the state’s marriage licenses rewritten in December to remove clerks’ names. But critics say that might not have been legal, because the contents of licenses are set by law, which only the legislature can change.

Here's some Kentucky statutes about marriage licenses.

Might be some loopholes....

Kentucky Revised Statutes -- Marriage Laws

a reply to: xuenchen

The Supreme Court ruling negated all the laws of states where same-sex marriage was banned.

originally posted by: Benevolent Heretic
a reply to: xuenchen

The Supreme Court ruling negated all the laws of states where same-sex marriage was banned.

I was thinking about the "standardization" of forms.

Who has the "authority" to change forms?

originally posted by: xuenchen

originally posted by: Benevolent Heretic
a reply to: xuenchen

The Supreme Court ruling negated all the laws of states where same-sex marriage was banned.

I was thinking about the "standardization" of forms.

Who has the "authority" to change forms?

In KY, it's the state.

Not the governor.

originally posted by: Annee

originally posted by: xuenchen

originally posted by: Benevolent Heretic
a reply to: xuenchen

The Supreme Court ruling negated all the laws of states where same-sex marriage was banned.

I was thinking about the "standardization" of forms.

Who has the "authority" to change forms?

In KY, it's the state.

Not the governor.

Can you find that in exact words in the Statutes?

a reply to: Benevolent Heretic

The governor has been slapped with a 2 million dollar fine for fighting marriage equality.

I can't imagine this sits well with some of the state legislature.

Logic vs Christ. The logic to me dictates "clean this up".

originally posted by: Annee

The KY Governor has been fined over 2 million dollars for fighting against marriage equality.

Can we see those "over 2 million dollars" fines anywhere?

That alone could nullify an EO.

a reply to: xuenchen

402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security numbers.


I removed my personal opinion on the matter because I'm not quite sure I was right. At any rate, there's the statute on the information required on marriage licenses and certificates in Kentucky.

originally posted by: EternalSolace
a reply to: xuenchen

402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security numbers.


I removed my personal opinion on the matter because I'm not quite sure I was right. At any rate, there's the statute on the information required on marriage licenses and certificates in Kentucky.

It could be that the Kentucky Department for Libraries and Archives and the Education and Workforce Development Cabinet fall under the Executive Branch.

That might give the Governor necessary authority.

I think all the EO directs is to not "print" the County Clerk name on the form.

originally posted by: xuenchen
Who has the "authority" to change forms?

The state legislature. From my post above, in bold lettering: www.abovetopsecret.com...

the contents of licenses are set by law, which only the legislature can change.

originally posted by: Annee
a reply to: Benevolent Heretic

The governor has been slapped with a 2 million dollar fine for fighting marriage equality.

Yikes! I hadn't heard that. Just read about it, though. Thanks for the info.

Ohio had to pay $1.3 million and Michigan paid $1.9 million in legal fees... and Tennessee is being charged $2.3 million... Source

This was one of the most intriguing stories of 2015 (and '16, I'm sure) for me.

a reply to: Benevolent Heretic

Where is all that in the actual statutes?

originally posted by: xuenchen
I think all the EO directs is to not "print" the County Clerk name on the form.

That's what I'm leaning toward too. The statute states that it direct the Department of Libraries and Archives to provide a form for licenses and certificates. The only directive regarding the form was that the form includes all the information requested by that particular statute. The statute, from what I gather, doesn't require the clerks name be printed on the form. Only the county.

That makes it appear that the Governor can sign an EO to change the face of the form so long as it still requests the information mandated by the statute.

The ACLU has a pretty good track record in court.

December 22, 2015 LOUISVILLE ­­– Governor Matt Bevin issued an executive order today removing county clerks’ names from marriage licenses.

William Sharp, Legal Director of the American Civil Liberties Union of Kentucky, had this comment:

“Governor Bevin’s executive action has added to the cloud of uncertainty that hangs over marriage licensing in Kentucky. The requirement that the county clerk’s name appear on marriage licenses is prescribed by Kentucky law and is not subject to unilateral change by the governor — conceded by the previous administration in court filings. Today, however, a new administration claims to have that authority. The ACLU continues to work with loving couples who hold marriage licenses of questionable validity and for those who are waiting to legalize their unions until this is resolved. And the ACLU will continue to challenge government officials who disregard the law in favor of promoting their own personal beliefs to the detriment of the rights of others. Government officials, from the highest to the lowest, have a duty and responsibility to impartially administer the laws that exist, not the laws as they wish them to be".

www.aclu.org...

May I offer a solution to gay hatred: wait a few decades and the gay
and lesbian fart will dissapate. The sex fisting, muff diving, ect will
by more socially accepted. This is because over time society digests
issues and becomes accepting of those behaviors. How can it be
though, that today, the minority wins?

a reply to: Benevolent Heretic

originally posted by: Drawsoho
May I offer a solution to gay hatred: wait a few decades and the gay
and lesbian fart will dissapate. The sex fisting, muff diving, ect will
by more socially accepted. This is because over time society digests
issues and becomes accepting of those behaviors. How can it be
though, that today, the minority wins?

a reply to: Benevolent Heretic

What a moronic post.

Homosexuality is not a behavior.

originally posted by: Drawsoho
The sex fisting, muff diving, ect will
by more socially accepted

a reply to: Benevolent Heretic

Heterosexuals engage in those acts as well.

a reply to: EternalSolace

The statute, from what I gather, doesn't require the clerks name be printed on the form. Only the county.

From the Kentucky statute that you linked:

(1) A marriage license which provides for the entering of:
...
(c) The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.

and

(2) A marriage certificate which provides for the entering of:
...
(d) A signed statement by the county clerk or a deputy county clerk of the county in which the marriage license was issued that the marriage certificate was recorded. The statement shall indicate the name of the county and the date the marriage certificate was recorded.

The signature satisfies the Federal requirement for an attestation by the official keeper of records in order to be given "full faith and credit" by all States and the Federal Government.