Ky. gov removes clerks' names from marriage licenses

FRANKFORT, Ky. — In his first major policy action, Kentucky's new governor issued an executive order to shield religious county clerks such as Kim Davis from being identified on marriage licenses.

GOP Gov. Matt Bevin, who campaigned on conservative platforms during this year's heated race for governor and was sworn in Dec. 8, said in a statement that he was upholding his commitments to voters.

Among five orders filed Tuesday, he also rolled back efforts to restore voting rights to thousands of ex-felons, put a state government hiring freeze in place, repealed former Democratic Gov. Steve Beshear's order raising the minimum wage for state employees and abolished the governor's employee advisory council.

“While I have been a vocal supporter of the restoration of rights, for example, it is an issue that must be addressed through the legislature and by the will of the people," Bevin said.

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Bevin's order on marriage licenses directs the state Department of Libraries and Archives to change the wording on forms so the names of county clerks are not required to appear. The issue gained national attention after Davis, Rowan County's clerk, refused to sign off the forms, citing her Apostolic Christian beliefs and objections to same-sex marriage.

“Hundreds of years from now, these licenses will be used by genealogists and researchers. Having the names of all the parties involves is very important when you’re talking about a permanent record, for purely practical purposes,” Fayette County Clerk Don Blevins, whose office serves the state’s second largest city, Lexington. “I’m not pleased at all by this. This has gotten out of hand.”

Beshear argued for months that state statute determined the wording on marriage licenses and that he could not remove clerks' names. However, Bevin called change needed to "ensure that the sincerely held religious beliefs of all Kentuckians are honored."

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“This is a wonderful Christmas gift for Kim Davis,” The Liberty Counsel, a legal group representing Davis in court, said in a statement. “Kim can celebrate Christmas with her family knowing she does not have to choose between her public office and her deeply-held religious convictions.”

But the American Civil Liberties Union of Kentucky contended that Bevin's action created a cloud of uncertainty over marriage licenses in the state.

"The requirement that the county clerk's name appear on marriage licenses is prescribed by Kentucky law and is not subject to unilateral change by the governor," said William Sharp, legal director of the ACLU of Kentucky. "Today, however, a new administration claims to have that authority."

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But Kentucky's House speaker, Democrat Greg Stumbo, said he was an early proponent of such a fix.

The restoration of voting rights for felons does not affect anyone whose rights already have been restored, and ex-felons such as Mantell Stevens, who was convicted of possession of a controlled substance about 15 years ago, can still seek restoration through traditional, longer procedures.

“The only thing I needed to do was get it notarized,” said Stevens, who was shocked by Bevin's announcement. “It’s really weird because I’m literally sitting here looking at the envelope. It’s stamped.”

Contributing: The Associated Press. Follow Mike Wynn and Tom Loftus on Twitter: @MikeWynn_CJ and @TomLoftus_CJ