Rowan County, Kentucky deputy clerk Brian Mason has said he will continue to issue marriage licenses to same-sex couples even if Kim Davis orders him not to.
Davis was freed from jail yesterday by federal judge David Bunning because her deputies were willing to abide by the Supreme Court's ruling on gay marriage and provide marriage licenses to same-sex couples. However, upon Davis's release, her lawyer, Mat Staver of the anti-gay Liberty Counsel, seemed to indicate that once back in office, Davis would continue to defy the Supreme Court and Bunning's orders. Said Staver, “Kim Davis cannot, will not violate her conscience.” Judge Bunning's release of Davis, however, specified that Davis must “not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”
Speaking with BuzzFeed News on Wednesday, Davis's deputy Brian Mason made his position clear:
“I would issue licenses,” Mason told BuzzFeed News. Asked to confirm he would issue licenses even if Davis says he his not allowed upon her return to work after several days in jail, Mason said, “Yes.”
Davis will not be in the Rowan County clerk's office Wednesday. Her lawyers say she will not return to the office until Friday or Monday, as BuzzFeed notes. So the potential showdown between Davis and Mason is at least temporarily delayed. Since Davis was sent to jail, Mason has been offering marriage licenses to same-sex couples, something he says he was always willing to do:
On Wednesday morning, Mason also officially recorded the marriage of a same-sex couple who had obtained a marriage license and been married the day before.
Mason had always been willing to issue the marriage licenses, court records show. However, Davis instructed him to not issue licenses, and Mason held off until he was ordered by Judge Bunning to issue them on Thursday. Mason said he has issued 10 licenses total, including six to same-sex couples.
The licenses that have been issued have not been issued under Kim Davis's name but rather issued under “Rowan County.” The decision to omit Davis's name from the licenses was made by the staff once Davis was in jail. However, the absence of her name has raised questions as to the validity of the licenses.
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