Kentucky gay couple release video which shows them being DENIED a marriage license

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David Moore, 39, and David Ermold, 41, of Morehead, Kentucky, were turned away when they tried to obtain a marriage license
The clerk who denied them, Kim Davis, has stopped issuing all licenses to avoid complying with the Supreme Court ruling
In a video taken by a friend, an employee can be seen telling the couple to go somewhere else

Published: 10:46 EST, 10 July 2015 | Updated: 13:21 EST, 10 July 2015

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A Kentucky couple who have been in a relationship for 17 years celebrated the historic Supreme Court ruling on same-sex marriages by applying for their own marriage license at a local county courthouse - but were stunned to find themselves turned away by a defiant clerk.

David Moore, 39, and David Ermold, 41, of Morehead, Kentucky, had heard that Rowan County Clerk Kim Davis opposed same-sex unions and had stopped issuing all marriage licenses after the recent Supreme Court ruling.

But as local homeowners and taxpayers, the couple was determined to take advantage of their legal right to marry in Rowan County and decided to document their visit to the court house on camera. But they were bitterly disappointed when the clerk refused their application and, despite being made aware she was being filmed, can be seen in the clip telling the couple to go to another county.

Gay couple denied a marriage license by Kentucky county official

Ready to wed: David Moore (left) and David Ermold (right) tried to get a marriage license in Rowan County, Kentucky, on Monday but were denied

No luck: County Clerk Kim Davis came out to tells the couple that she would not be issuing a marriage license

Ms. Davis, who is already being sued by the ACLU for her refusal to issue marriage licenses to same-sex couples in accordance with the Supreme Court's recent ruling, flouted the law yet again on July 6 when Mr. Moore and Mr. Ermold came to apply for a license.

Ms. Davis told Kentucky's Courier-Journal that her 'deep religious convictions' have barred her from issuing marriage licenses to same-sex couples. However, because she cannot legally discriminate, she has decided to stop issuing marriage licenses altogether.

At the start of Mr. Ernold and Mr. Moore’s recording, the couple tells the camera that they know that Ms. Davis is refusing to issue marriage licenses, but they want to see what will happen when they try to obtain one - they're hoping to get lucky, Mr. Ermold later says.

Both men and their friend wait for several minutes inside before a man behind the counter asks if they are there for a marriage license. When they answer in the affirmative, he tells them: 'We do not sell marriage licenses in this county. You can go to our surrounding counties.'

He also tells them that the police are being called, as they are not allowed to videotape in the court house - despite the fact that there is no sign that says so.

Invoking their rights: The couple had heard that County Clerk Kim Davis was refusing to issue marriage licenses, but they wanted to see for themselves

Discrimination: The couple waited for several minutes, in which they were told to go somewhere else and forced to stand aside as other customers were waived ahead of them

Ill treatment: One employee (left) said they should go to another county, then dismissed their business as having been 'taken care of'

Waiting their turn: The couple, who have lived in the county for ten years, calmly requested to speak to the county clerk to discuss the issue

When they continue to wait for their chance to come up to the counter and speak privately with a court house employee, a male employee waves ahead other people, who are standing behind them, to the front of the line. He tells the couple: 'Your business has been taken care of.'

They beg to differ, and ask to speak to Ms. Davis or to fill out an application.

Finally, the couple goes up to the counter, while a police officer who just entered the room stands nearby. They ask a female employee if they can speak to Ms. Davis directly.

Ms. Davis gave us the story of Adam and Eve, said that is what God intended, and that she was worried about her soul and salvation

David Ermold

'I have a letter from the governor's office stating that all the county clerks are to issue marriage licenses,' says Mr. Ermold. 'And I also have the Supreme Court ruling - and I want to read the very specific language that's in this ruling.'

'We know what it reads, sir, and we are not issuing any licenses,' the employee answers.

Mr. Ermold tells the employee that he and Mr. Moore have lived in the county for over ten years. They own property and pay taxes there, and they have a right to obtain a marriage license there. It's not the clerk's 'choice' to issue or not issue them one.

After several minutes, Ms. Davis comes out to speak with the couple, but demands that they stop recording first.

With the camera shut off, Mr. Moore told Refinery29: 'We asked her basically why she couldn't issue a marriage license to gay couples, and she gave us the story of Adam and Eve, that that is what God intended, and that she was worried about her soul and salvation.'

Breaking the rules: When the recording ends, Mr. Ermold said, she told them the story of Adam and Eve and said she could not issue them a license

But while they seem, as of now, to have hit a dead end in Rowan County, Mr. Moore and Mr. Ermold added that they will not be seeking a license in another county, as it is there right to obtain one in the county in which they live and pay taxes.

The couple has also hired an attorney, though they have yet to file a suit against Ms. Davis.

The clerk is already up against a class action suit by two straight and two gay couples who were recently denied licenses, and are being represented by the ACLU.

'People can see the Rowan County clerk’s flagrant violation of the law. I don’t think there is any question that she has violated the law,' one of the couples' lawyers, Dan Canon, told New York's Daily News.

In fact, Kentucky Governor Steve Beshear has, according to Newsweek, advised a different county clerk to either begin complying with the Supreme Court ruling and issuing marriage licenses again or to resign.

Ms. Davis, however, still seems to be sticking to her guns, telling Kentucky's Lexington Herald-Leader: 'For me, it's about the love of God. For them, it's hatred - calling me names, saying things I would never say to my worst enemy in a million years. But they have that right.'

Everybody loses: In June, the Supreme Court ruled that same-sex unions were legal in all 50 states; since then, Ms. Davis has stopped issuing marriage licenses in order to avoid giving them to gay couples