Kim Davis Controversy: KY County Clerks Association Doesn’t Have a Position on Marriage Licenses Without a Clerk’s Name

Kim Davis is back to work today and media, protesters and a lesbian couple have been there too.According to the AP, a deputy clerk, Brian Mason has assumed duties of handing out the marriage licenses. A lesbian couple did pick one up this morning with the phrase "pursuant to federal court order" in the place where the clerk's name should be. Davis and her attorneys aren't sure they are valid.I contacted the Kentucky County Clerks Association last week to learn the organization's position … [Read more...]

On the Kim Davis Controversy: Should a Christian Judge Refuse to Grant a Divorce Decree?

On his blog, evangelical Judge Tim Fall addresses the situation of being required to grant divorce decrees. Let’s choose a different situation. My understanding of the Bible says divorce is prohibited except when certain circumstances exist. Can I refuse to grant a divorce decree for a couple who meets the legal requirements for marital dissolution but who do not meet the biblical requirements? He says he grants a divorce if the couple meets the legal requirements: On a divorce case, I check t … [Read more...]

Judge Who Sent KY Clerk Kim Davis to Jail was Appointed by G.W. Bush and Disagreed with Supreme Court Decision on Marriage

David Bunning, the judge who sent KY clerk Kim Davis to federal custody is a Republican son of a Republican former Senator and according to his mother did not agree with the Supreme Court decision on gay marriage.Bunning's dad was popular baseball player and Senator Jim Bunning. He is known as a careful jurist and conservative person who jailed Davis because she would likely be able to pay her fines with supporters' money.Davis was jailed earlier today because she refuses to issues … [Read more...]

Which Same-Sex Marriage Related Action is Lawless?

The Supreme Court last week ruled 5-4 that the 14th Amendment required the states to recognize same-sex unions as legal marriages.Today, the Family Research Council released the following press release:Family Research Council Commends Texas Officials for Declining to Blindly Follow Five JusticesWASHINGTON, D.C. -- Today, Texas Attorney General Ken Paxton issued a statement calling the U.S. Supreme Court ruling an act of "lawlessness" and provided guidance that "county clerks and t … [Read more...]

SCOTUS Blog: We Probably Have Two More Opinion Days; No Same Sex Marriage Decision Today

I've been watching the Supreme Court blog a bit today. One of the bloggers there just wrote the following in response to this question "So - at the end of tomorrow's session we'll find out if there will be opinions or just orders on Monday?" TejinderWe'll definitely know for sure then. But we predict already that there will be opinions on Monday. It's customary, on the second-to-last opinion day of the Term, for the Chief Justice to announce that the remaining opinions are coming on the … [Read more...]

Salon on Mixed Orientation Marriages in the Middle of Same-Sex Marriage Case


Yesterday, Salon's Tracy Clark-Flory examined mixed orientation marriages as a possible new political statement against same-sex marriage. The article was triggered by the amicus brief filed by a Utah attorney on behalf of some people in mixed orientation marriages. She also interviewed me for the article and I am quoted extensively.While my survey results are still unpublished (I keep getting distracted), the study has helped inform my views on the subject. Some essentially same-sex … [Read more...]

Religious freedom and same-sex marriage: Pew Foundation Q & A

Many comment threads on this blog turn into discussions of same-sex marriage. Well here is a post where that conversation will be on point.The Pew Foundation yesterday published a Q & A on the topic with "professors Robert W. Tuttle and Ira "Chip" Lupu of The George Washington University Law School to discuss how some states are trying to reconcile these and other potential conflicts between the legalization of gay marriage and the free exercise of religion."This is timely given the … [Read more...]

Iowa Supreme Court rules same-sex marriage ban unconstitutional

Same-sex marriage in the heart land.Note the attorney quoted at the end of the article: Richard Socarides. Charles Socarides son. English majors, help me, is that irony?It seems even clearer to me that this issue will eventually come before the Supreme Court. Can the nation long sustain a patchwork quilt of laws regulating marriage?Here is the ruling summarized with a link to the full court documents. … [Read more...]