Kim Davis marriage license bill clears Senate

FRANKFORT, Ky. – The state Senate on Thursday approved a bill to create a two-part marriage license in Kentucky, seeking to address the furor that arose last year when Rowan County Clerk Kim Davis refused to issue marriage licenses to same-sex couples, citing her religious beliefs

Senate Bill 5 passed on a vote of 30-8 after some heated objections from opponents and more discussion of the U.S. Supreme Court ruling that established the right of same-sex marriage.

"In my estimation the Rowan County clerk was not jailed for practicing her religion, she went to jail for trying to make others practice her religion," said Sen. Perry Clark, a Louisville Democrat.

Davis ended up in jail for several days after a federal judge found her in contempt of court for refusing to follow a court order to issue marriage licenses.

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But Sen. Stephen West, R-Paris, the sponsor of SB 5, said it would address concerns of Davis, who believes marriage is between one man and one woman because of her Christian faith and who refused to issue a standard license with her name on it.

The bill "presents a reasonable accommodation to our clerks who do not wish to sign a license because of sincerely held religious beliefs," West said.

SB 5 would create two forms from which couples could choose. One would list a bride and groom and the other would list "first party and second party."

After he took office, Gov. Matt Bevin created new guidelines for marriage licenses by executive order. West said his bill would enact into law changes to the license form.

Passage came after Sen. Morgan McGarvey unsuccessfully argued for a single marriage license form that would let a couple check a box indicating bride, groom or spouse.

"It puts everyone on equal footing," he said. "It makes sure we treat every Kentuckian equally."

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The two-part license is opposed by members of the Fairness Campaign. At a rally at the Capitol on Wednesday in support of a statewide fairness law, several speakers denounced it as a "separate but not equal" license form.

McGarvey said he presented his plan for a single form to a meeting of county clerks and that those attending, including Davis, did not oppose it.

But West said he consulted with all parties before coming up with SB 5, including county clerks, as the best solution.

Contact reporter Deborah Yetter at (502)582-4228 or dyetter@courier-journal.com.