Bill would exempt clerks from gay marriage licenses

FRANKFORT, Ky. Two Republicans in the Kentucky House are sponsoring a bill for the 2016 legislative session that would clear the way for county clerks to deny same-sex marriage licenses based on religious beliefs.

Rep. Stan Lee, R-Lexington, and Rep. David Meade, R-Stanford, announced the legislation Wednesday in response to the recent U.S. Supreme Court ruling that legalized same-sex marriage nationwide.

The lawmakers issued a press release saying the measure would create a new section of law "protecting county clerks from liability" if they refuse licenses on religious grounds.

Another portion of the legislation seeks to "protect ministers and churches from civil and criminal liability" for declining to marry same-sex couples. However, no one has tried to force religious leaders to perform the marriages in Kentucky, and many experts who have weighed in on the ruling say it does not impact a minister's discretion in the matter.

"This proposal simply seeks to further protect religious freedoms guaranteed by the First Amendment," Lee said.

Lee cited reports that up to half of Kentucky's clerks want a legislative solution to the matter and that others are afraid to speak out due to a threat from lawsuits. He said those are well-founded fears.

According to Gov. Steve Beshear's office, 10 county clerks in Kentucky have sent letters to the governor with concerns over issuing same-sex licenses.

Lawrence County Clerk Chris Jobe, who has claimed to have a letter signed by 57 clerks, was not available for comment Wednesday. But Beshear's office has not received a copy of the letter, a spokesman says.

Rep. Addia Wuchner, R-Burlington, has pre-filed a similar bill on religious groups.

Meanwhile, U.S. District Court Judge David Bunning is expected to resume a hearing Monday on Rowan County Clerk Kim Davis, who has cited religious beliefs in her refusal to issues licenses.

Two same-sex couples and two straight couples have sued for a federal injunction, alleging that Davis violated their constitutional rights when denying licenses to all couples after the Supreme Court decision.

Reporter Mike Wynn can be reached at (502) 875-5136. Follow him on Twitter at @MikeWynn_CJ.