Christian county clerk jailed for five days after refusing to approve gay marriages is now accused of tampering with paperwork to make new licences invalid
- Kim Davis, clerk for Rowan County, Kentucky, was jailed earlier this month
- Had refused to issue gay marriage licences because of Christian beliefs
- Was released after five days and told she wouldn't have to issue licences
- But conditions mean she also couldn't interfere with others issuing them
- However, staff say she has changed licence forms, making them invalid
The Christian county clerk imprisoned for five days for refusing to issue gay marriage licences is now accused of trying to alter new licences, making them invalid.
Kim Davis, the clerk for Rowan county, Kentucky, was jailed earlier this month after she said 'God's authority' prevented her from granting marriages to same sex couples.
Davis, who has been married four times herself, was released after agreeing that she wouldn't have to issue the licences herself, but was told she could also not interfere with others giving them out.
However, Davis's employees say she has now tampered with the paperwork issued to gay couples, potentially making their marriage licences invalid.
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Kim Davis, a Kentucky county clerk, was jailed this month for refusing to issue gay marriage licences, but was released after agreeing not to interfere with others issuing them
After her release, Davis was allowed to modify paperwork on gay marriages to remove her now, but her staff have alleged that she has gone further, removing the name of the county and the name of her deputy
As part of the conditions of her release Davis was allowed to alter documents to remove her name, after protesting that including it on the licences would violate her Apostolic Christian beliefs.
At the time, lawyers were concerned that removing the name of the county clerk might call the validity of the licences into question, but were happy with a compromise that allowed the licences to be signed to the federal court.
However, lawyers assigned to each of Davis's staff after she was freed say she confiscated the original forms, and has since reissued new forms with changes that go beyond what was agreed.
Deputy clerk Brian Mason, who issued the marriage licences while Davis was in jail, says the new papers he has been given do not have her name, the name of the county or any references to the deputy clerks on them.
He said he is being forced to sign the licences as a 'notary public', rather than as a deputy clerk, and that there is a space for him to sign his initials, but not his signature.
Deputy clerk Brian Mason (pictured) fears the changes mean the licences are not valid, and his lawyers argue that Davis's changes violate the orders of the federal court
Mason has been issuing licences on behalf of the whole county clerk's office since Davis's arrest, as he is the only member of staff who has no religious objection to doing so
Richard Hughes, lawyer for Mr Mason, said: 'Mr. Mason is concerned because he is in a difficult position.
'He continues to issue the licenses per the court's order ... which had some remote questionable validity, but now with these changes may in fact have some substantial questions about validity
'It also appears to this counsel those changes were made in some attempt to circumvent the court's orders and may have raised to the level of interference against the court's orders.'
Lawyers for David Moore and David Ermold, the gay couple who were initially denied a marriage licence by Davis, asked for a class action lawsuit to be filed.
They said: 'These alterations call into question the validity of the marriage licenses issued, create an unconstitutional two tier system of marriage licenses issued in Kentucky, and do not comply with this Court's September 3 Order prohibiting Davis from interfering with the issuance of marriage licenses.'
Davis, for her part, has argued that any licence issued without her name on it is invalid.
Despite being married four times herself, and giving birth to twins outside of wedlock, Davis claims her Apostolic Christian beliefs prevent her from approving gay marriages
Davis's case comes after a Supreme Court ruling earlier this year which in effect legalized gay marriage across the entirety of the United States
By Kentucky state law, licences must be issued by the county clerk, before a minister or other officiant then performs the ceremony and signs the license.
Despite Davis's name being taken off of the papers, Kentucky's Democratic governor and attorney general have both said the licenses are valid and will be recognized by the state.
David Bunning, the federal judge, refused to give judgement on whether the licenses are valid, adding that it is up to gay couples to take that chance.
Mr Mason is the only person in Davis's office who has said he is happy to issue the licences, and agreed with his coworkers to give them out 'to ease the tension of the situation'.
It is unclear exactly what would happen if Mr Mason were absent from work, though Hughes said the other staff would be required to issue the paperwork.
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