A transgender man and his wife were issued a marriage license in February by the Kentucky county clerk who, in defiance of a US supreme court order, cited “God’s authority” this week as reason to deny paperwork to same-sex couples.

On 26 February, Camryn Colen, a transgender man, and his wife, Alexis, went to Kim Davis’s office to obtain a marriage license. The clerk’s office didn’t ask to see Camryn’s birth certificate, which identifies him as female.

“She took me at face value and judged a book by its cover,” said Camryn, 30, of Davis. “She shouldn’t do that; she should just see two people in love and grant them the ability to get married.”

Camryn and Alexis, 21, married hours after receiving the license – a decision that has since left a “bittersweet” taste in light of Davis’ decision to buck a supreme court order and outright refuse to issue marriage licenses.

Camryn said he doesn’t want it to appear like the couple is “shoving” their license in the faces of others who have yet to receive their own.

“That’s far from what we’re trying to do … I wish we could be on their side fighting for ours, just like they are,” Camryn told the Guardian. “I kind of wish we would’ve waited, but we didn’t know, of course, this was going to happen.” The couple’s story was first reported last week by the Trail Blazer, the student newspaper at Morehead State University.

Davis, an Apostolic Christian, said recording anything but a marriage between a man and a woman would “violate a central teaching of Scripture and of Jesus Himself regarding marriage”.

“To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience,” Davis said in a statement Tuesday. “It is not a light issue for me. It is a Heaven or Hell decision.”

Gay couple confronts Kentucky clerk for denying marriage licenses – link to video

But Camryn said Davis already crossed her own apparent threshold by issuing a license to him and Alexis, who identifies as pansexual. Despite the fear of reprisal Camryn said the transgender community routinely faces, the couple decided to come forward because “we felt that it was the right thing to do”.

“We need to speak out and show she already did it,” he added. “Saying it’s a violation of her conscience, but she’s … pretty much already violated her conscience by marrying us.”

The contention surrounding Davis escalated last month, when a federal judge ordered the clerk to abide by the supreme court’s June decision that legalized same-sex marriage in the US; Kentucky governor Steven Beshear also ordered county clerks across the state to fall in line with the ruling. Davis refused.

Denied a stay of the order to carry out marriages while she registered her objections with the courts, Davis again refused to issue licenses last week and on Friday night filed a request with the supreme court to stay a lower court’s decision. The supreme court denied her request on Monday night. Davis’s claim rests on her belief that issuing licenses to gay couples would infringe on her freedom of conscience.

Davis’s maneuver Tuesday prompted the American Civil Liberties Union of Kentucky to file a contempt motion with US district judge David Bunning. The request asks the court to impose financial penalties – not incarceration. Davis, a Democrat, and her staff were ordered by Bunning to appear on Thursday at 11am to explain why she shouldn’t be jailed for contempt.

Additionally, the clerk risks a potential charge of official misconduct, a misdemeanor that could bring up to a year in jail. A spokesperson for attorney general Jack Conway, a Democrat, said the Rowan County attorney was recently approached by a couple who were denied a marriage license.

“They informed the county attorney that they believe Ms Davis was violating state statute by refusing to issue licenses,” said Allison Martin, communications director for Conway.

The attorney expressed he had a conflict of interest because “he was representing the county in lawsuits regarding this issue”, and asked Conway to appoint a special prosecutor to review the allegations. The request is currently being reviewed.

For Camryn and Alexis, who have been together for two years, the decision to get married has left a sour taste in their mouths. Now, Camryn said he wishes they had waited to tie the knot.

“Honestly, before everything, yes, it was amazing to have [a license], but now it’s kind of bittersweet,” Camryn said in an interview. “Because I love my wife, and I love being married to her, but at the same time, I feel so bad.”