ASHLAND, Ky.– Attorneys for Rowan County Clerk Kim Davis state that Davis wouldn’t oppose her office issuing marriage licenses to homosexuals as long as they bear the name of another authority.
Roger Gannam of Liberty Counsel explained his client’s position on Tuesday while being interviewed on CNN’s “New Day.”
“The bottom line is that Kim Davis cannot [personally] authorize a union of persons that she does not believe is marriage according to her religious beliefs,” he said. “That’s all she’s doing—withholding her [personal] authorization of that.”
“Because her deputy clerks only have authority to issue licenses under Kim Davis’ authority, they can’t do it either,” Gannam continued. “But if they can issue licenses under someone else’s authority and in someone else’s name, Kim Davis would not stand in the way of that.”
Liberty Counsel Founder Matt Staver made similar comments to CNN last week, stating that all Davis wants is her name removed from the licenses—that she is not seeking to stop same-sex “marriage” from going forward in her state.
“She’s asked for one simple accommodation for her faith—not just for her, but for all the other clerks in Kentucky that are similarly situated—and that is, remove her name and title from the marriage certificates. That’s all she’s asking for,” he explained.
“She’ll issue the certificates, but she doesn’t want her name and title on it because that in her understanding and mind is authorizing something that is contrary to her Christian values and convictions,” Staver said. “The judge should just order the marriage licenses to remove her name and title, and that would solve the matter.”
In a August 31 press release entitled “Accommodations Would End Rowan County Dispute,” Staver also outlined the compromises offered to the government as he spoke of the nature of the stay request filed on Davis’ behalf.
“The stay request offers several options such as removing Davis’s name from the marriage license, thus removing the personal nature of the authorization,” he said. “Another accommodation would be to allow licenses to be issued by the chief executive of Rowan County or developing a statewide, online marriage license process.”
“There is absolutely no reason that this case has gone so far without reasonable people respecting and accommodating Kim Davis’s First Amendment rights,” Staver stated.
But some state that Liberty Counsel’s direction with the case is misguided, and that Davis should rather interpose rather than compromise.
“We’re still allowing the evil to continue, and it totally nullifies the interposition of the lesser magistrate in abating the just judgment of God,” Matt Trewhella, pastor of Mercy Seat Christian Church in Milwaukee, Wisconsin and author of “The Doctrine of the Lesser Magistrate,” told Christian News Network.
“It’s extremely important for people to understand that the interposition of the lesser magistrate abates the just judgment of God,” he said, “but with the path they’re taking in Kentucky, it will not.”
“There is no law that requires Kim Davis to issue a marriage license to people of the same sex,” Michael Peroutka, an attorney and founder of the Institute on the Constitution, declared at Davis’ support rally on Saturday. “What law? What legislature voted for it? What executive signed it? What does it say? Where is it written?”
“God is the source and the author of law and government, and any purported law that is not harmonious with His word can’t be law and is not law,” he said.
Both Trewhella and Peroutka spoke at Saturday’s rally in Ashland.