Ky. governor rips Kim Davis lawsuit as 'forlorn'

Matthew Diebel | USA TODAY

"Absurd." "Forlorn." "Obtuse."

Those are some of the words lawyers for Kentucky's Gov. Steve Beshear used to describe a lawsuit that county clerk Kim Davis brought against the governor as she fights to avoid issuing marriage licenses to same-sex couples.

Davis, who spent five days in jail for defying a series of federal court orders – and met with Pope Francis when he visited the U.S. last week – alleges that Beshear, a Democrat, "usurped control of Kentucky marriage law" and violated her religious freedom by asking clerks to comply with a U.S. Supreme Court decision that legalized gay marriage nationwide.

"Simply stated, Davis' role is a legal one — not a moral or religious one," Beshear's attorneys wrote in a court document filed Tuesday asking a judge to throw out the suit.

Davis's action, filed in August in U.S. District Court, contends that the governor "took it upon himself ... to set and announce new Kentucky marriage license policies and command county clerks to abide by such policies." The suit claims Beshear's action had the effect of "specifically targeting clerks like Davis who possess certain religious beliefs about marriage."

In late June, when the Supreme Court announced its ruling, Beshear sent a letter to the state's 120 county clerks to spell out how the state intended to react.

"Neither your oath nor the Supreme Court dictates what you must believe. But as elected officials, they do prescribe how we must act," he wrote, and advised the clerks that the state's marriage license template would be updated to remove "bride" and "groom."

But Davis, a Democrat who switched to the Republican Party as the dispute intensified, refused to issue licenses, saying it violated her religious beliefs, and she blames Beshear's letter for her legal troubles.

After four couples sued her, she ignored a series of federal court orders, continued turning couples away and spent five nights in jail for her defiance.

Palmer G. Vance, a lawyer retained by the governor, described Davis' suit as a "meritless assault on the rule of law." Even if Beshear had not instructed clerks to follow the law, the Supreme Court and subsequent court orders required her to do so, he wrote.

"At issue here are marriage licenses issued by the Office of Rowan County Clerk and not Kim Davis individually, as Kim Davis individually has no authority to issue such licenses," he wrote. "The Office of Rowan County Clerk does not have a right to free exercise of religion."

U.S. District Judge David Bunning is expected to rule soon on whether Davis' lawsuit against Beshear can continue. Bunning is the same judge who issued the court order for Davis to issue licenses to gay couples. He released her from jail after five days, saying his order had been satisfied because Davis's deputies were granting the documents,

However, when she returned to her office she altered the licenses, replacing her name and office with the phrase, "pursuant to federal court order."

Richard Hughes, a lawyer for one of Davis' deputies, said in a court filing on Sept. 18 that the Rowan County clerk violated a Bunning's order by making significant changes to marriage license forms that could weaken their legality.