Two other KY clerks won’t issue same-sex marriage licenses — here’s why they’re not in jail yet

Two other county clerks in Kentucky are refusing to grant marriage licenses to same-sex couples. The only difference between them and Rowan County Clerk Kim Davis is that Casey County Clerk Casey Davis (no relation to Kim) and Whitley County Clerk Kay Schwartz have yet to get sued, so there are currently no court orders for them to defy.

Kentucky Public Radio station WFPL spoke to Schwartz on Friday, whose office is issuing marriage licenses, but only to heterosexual couples. Schwartz asked WFPL's reporter not to call attention to her lawbreaking, saying "Don't stir this, please."

Casey Davis said earlier in September that he will issue marriage licenses to same-sex couples, but he refuses to sign them.

“I’m still not signing same-sex marriage licenses, I’m not issuing it myself,” he said, copying the actions of Kim Davis, who is currently out of jail, but still trying to work around court orders by not signing licenses issued by her office to couples whose relationships the thrice-divorced Davis finds morally repugnant.

“We are basically doing what Rowan County is doing, what the judge’s order says,” said Casey Davis.

Kim Davis was sued by couples from her county for her refusal to follow the Supreme Court's ruling regarding same-sex marriage. She spent five days in jail and was feted by the right-wing media and Republican presidential candidate Mike Huckabee.

The controversy around Kim Davis' office has some Kentucky legislators wondering if county clerks are even necessary. Davis' antics may ultimately put hundreds of people around the state out of work.

“It may be time to look at whether county clerks are worth the time and money,” said Democratic state Rep. Dennis Keene earlier this month.