Kentucky registrar Kim Davis was jailed on 3 September 2015 for refusing to issue marriage licences as she is vigorously opposed to same sex marriage. The case has grabbed worldwide media attention and sparked controversy in the US.
Ms Davis refuses to issue marriage licences as same sex marriage is against her Christian beliefs and values. Her stance in relation to same sex marriage resulted in her refusing to allow any marriage licences to be issued. She also prevented her staff from issuing the licences as these would bear her name. This meant no one in the area could obtain a marriage licence.
For us in the UK it is difficult to comprehend how this situation could arise. In this country, the law requires that a notice is placed on public display at a Register Office 28 days before the marriage ceremony. The formalities are dealt with by a registrar. Presumably, therefore if a registrar refused to comply with legal formalities, they would not be doing their job – possibly a difficulty for management but unlikely to make world news
Whilst the formalities may not be dissimilar in the US, marriage licences are issued by the County clerk which is a political office. Ms Davis was elected as the Rowan County clerk on 5 January this year for a five year term.
In August 2015 a federal judge ordered her to issue marriage licences to all applicants. She continued to refuse and was jailed for contempt of court on 3 September. Ms Davis is appealing the custodial sentence and prosecutors are now considering a charge of misconduct in public office.
Same sex marriage was only legalized in all states in the US on 26 June 2015 as result of the Supreme Court ruling in the case of Obergefell v Hodges. Prior to this ruling only 36 out of the 50 states in the US allowed same sex marriage.
The events in Kentucky demonstrate that same sex marriage, at least in some quarters, is still an extremely divisive issue.
We now await the next episode of this real life US legal drama.
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