Beshear: Marriage license changes unneeded now
Rejecting calls for immediate action, Kentucky Gov. Steve Beshear said any changes in state law on issuing marriage licenses can wait until the General Assembly convenes in January.
House Speaker Greg Stumbo on Tuesday called for a special session to try to address concerns of some county clerks who have refused to issue licenses in the wake of the U.S. Supreme Court's ruling requiring states to recognize gay marriage, according to The Associated Press.
Stumbo, D-Prestonsburg, said in an interview with The Courier-Journal on Tuesday night that he is drafting legislation that would allow ministers, judges and others who are authorized to perform marriages to issue licenses so that clerks would be required only to record them.
Kentucky's Republican Senate leaders, meanwhile, asked Beshear to issue an executive order temporarily accommodating clerks and others who claim their religious liberties are being violated by the Supreme Court's order.
In a statement, Beshear said that while there "are obviously strong feelings on both sides of this issue," the Supreme Court "has spoken and same-sex marriage is now legal in Kentucky and the rest of the United States."
"Regardless of whatever their personal feelings might be, the overwhelming majority of county clerks are following the law and carrying out their duty to issue marriage licenses regardless of gender, and the courts will deal appropriately with the two or three clerks who are acting otherwise."
Beshear rejected calls for a special session on the subject, which he said would cost taxpayers $60,000 a day.
"If there are any minor changes needed to clarify the language of statutes, any such changes can be made in the 2016 legislative session in January," he said.
The Republican leadership said it wants Beshear to "issue a temporary solution" until the General Assembly can "craft a more comprehensive solution in January."
"The Senate has been exploring options to address the situation that our county clerks and religious institutions find themselves in due to the actions of the Supreme Court," the statement said. "Religious liberties are an important part of the basis of our Republic and all statutory options available should be considered."
But Stumbo said that changes can only be made through legislation, not by executive order of the governor.
"The governor can't stay federal law, nor can he relieve the statutory obligation of an official to perform administrative services," Stumbo said.
The Republicans' one-paragraph statement offered no specifics, but John Cox, spokesman for the Kentucky Senate majority, said that it would be an "accurate assumption" that Senate President Robert Stivers and other GOP leaders want to accommodate "clerks and other religious institutions."
Cox said Stivers and others were unavailable to elaborate.
Beshear ordered clerks and state agencies to comply with the court's 5-4 ruling, which required states to permit and recognize same-sex marriages, shortly after it was issued June 26.
A handful of clerks have since declined to issue marriage licenses to gay or straight couples, citing their religious beliefs against same-sex marriage.
The ACLU of Kentucky last week sued Rowan County Clerk Kim Davis on behalf of two homosexual and two heterosexual couples, all of whom were turned away when they tried to get marriage licenses from her office.
Another clerk, Casey Davis, of Casey County, has written to Beshear asking for relief from his order.
Beshear spokesman Terry Sebastian said Casey Davis came to Frankfort on Monday to meet with the governor but Beshear was meeting with the CEOs of Humana and Aetna, which announced Friday it was acquiring the Louisville-based insurer. Sebastian said the meeting will be held at a later date, possibly this week.
Legal experts say clerks may be committing official misconduct, a misdemeanor, in declining to issue marriage licenses, while Kentucky Attorney General Jack Conway's office has said they could be sued.
Reporter Andrew Wolfson can be reached at (502) 582-7189