Kentucky Republican Gov. Matt Bevin issued an executive order on Tuesday that will remove a county clerk's name on marriage licence forms, spelling victory for defiant Christian clerk Kim Davis of Rowan county who refused to issue such licence to same-sex couples.
After the U.S. Supreme Court legalised gay marriage, Davis began refusing to issue marriage licence to same-sex couples, saying it violated her religious beliefs.
A court ordered Davis to issue the licence but she refused, prompting the court to send her to jail for five days in September.
Bevin said he ordered the creation of new marriage licence forms to ensure that "sincerely held religious beliefs of all Kentuckians are honoured," NBC News reported.
Bevin assumed office this month after Democratic Gov. Steve Beshear stepped down due to term limits.
In his executive order, Bevin wrote that "the issuance of marriage licences on the form . . . creates substantial burden on the freedom of religion of some County Clerks and employees of their offices," as they believe that the presence of their name "implies their personal endorsement of, and participation in, same-sex marriage, which conflicts with their sincerely held religious beliefs."
He added that "there is no compelling government interest . . . necessitating that the name and signature of County Clerks be present on the marriage licence form used in the Commonwealth."
Davis' lawyers filed a lawsuit against Beshear claiming that he violated her religious freedom.
The American Civil Liberties Union (ACLU) of Kentucky, which represented couples who were denied marriage licences by Davis, said the governor's order may make the issuance of licences more confusing.
"Governor Bevin's executive action has added to the cloud of uncertainty that hangs over marriage licensing in Kentucky. The requirement that the county clerk's name appear on marriage licences is prescribed by Kentucky law and is not subject to unilateral change by the governor — conceded by the previous administration in court filings," ACLU legal director William Sharp said.
He added that "government officials, from the highest to the lowest, have a duty and responsibility to impartially administer the laws that exist, not the laws as they wish them to be."
