So much for reporters!
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
From: religionlaw-bounces+dlaycock=virginia....@lists.ucla.edu
[mailto:religionlaw-bounces+dlaycock=virginia....@lists.ucla.edu] On Behalf Of
Volokh, Eugene
Sent: Thursday, September 03, 2015 11:11 AM
To: Law & Religion issues for Law Academics
Subject: RE: Question about the Kentucky County Clerk controversy
According to the district court opinion, Davis has six deputy
clerks. “Four of Davis’ deputy clerks share her religious objection to
same-sex marriage, and another is undecided on the subject. The final deputy
clerk is willing to issue the licenses, but Davis will not allow it because her
name and title still appear twice on licenses that she does not personally
sign.”
Eugene
From: religionlaw-boun...@lists.ucla.edu
<mailto:religionlaw-boun...@lists.ucla.edu>
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Doug Laycock
Sent: Thursday, September 03, 2015 7:59 AM
To: 'Law & Religion issues for Law Academics'
Subject: RE: Question about the Kentucky County Clerk controversy
For what it’s worth, a reporter for the LA times told me yesterday that the
deputy clerk is her son. And he seemed to think (this was less clear) that the
two of them were the whole office.
That doesn’t change the legal point. Someone in the office has to issue
licenses.
Douglas Laycock
Robert E. Scott Distinguished Professor of Law
University of Virginia Law School
580 Massie Road
Charlottesville, VA 22903
434-243-8546
From: religionlaw-boun...@lists.ucla.edu
<mailto:religionlaw-boun...@lists.ucla.edu>
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman
Sent: Thursday, September 03, 2015 10:41 AM
To: Law & Religion issues for Law Academics
Subject: Re: Question about the Kentucky County Clerk controversy
By the way, none of this affects whether Davis should be held in contempt
today: Obviously, she should be. If her principal complaint is merely that
the Kentucky RFRA gives her the right to omit her name on the two lines in
question, she should simply instruct the Deputy Clerk to do just that, but to
otherwise issue the licenses/certificates. And then if her superiors, such as
the Governor, conclude that the documents are not valid without her name
(notwithstanding the KY RFRA), she'd have to include her name, too. There's no
justification for directing the willing Deputy Clerk not to issue the documents.
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