Ky. gov: No special session needed on gay marriage

FRANKFORT, Ky. — Rejecting calls for immediate action, Kentucky Gov. Steve Beshear said any changes to state law on issuing marriage licenses can wait until the General Assembly convenes in January.

House Speaker Greg Stumbo called Tuesday for a special session to try to address concerns of some county clerks who have refused to issue licenses in wake of the U.S. Supreme Court's ruling requiring states to recognize same-sex marriage.

Stumbo, a Democrat from Prestonsburg, Ky., said he is drafting legislation that would allow ministers, judges and others authorized to perform marriages to issue licenses so clerks would be required only to record them.

Meanwhile, the state's Republican Senate leaders asked Beshear to issue an executive order temporarily accommodating clerks and others who claim their religious liberties are being violated because of the Supreme Court's order.

While feelings are strong on both sides of the issue, the Supreme Court has spoken, Beshear said in a statement.

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"Regardless of whatever their personal feelings might be, the overwhelming majority of county clerks are following the law and carrying out their duty to issue marriage licenses regardless of gender, and the courts will deal appropriately with the two or three clerks who are acting otherwise," he said.

Beshear rejected calls for a special session on the subject, which he said would cost taxpayers $60,000 a day. Republican leaders want him to step in.

"The Senate has been exploring options to address the situation that our county clerks and religious institutions find themselves in due to the actions of the Supreme Court," a Republican statement said. "Religious liberties are an important part of the basis of our republic and all statutory options available should be considered."

Stumbo said changes can be made only through legislation.

"The governor can't stay federal law, nor can he relieve the statutory obligation of an official to perform administrative services," Stumbo said.

The Republicans' one-paragraph statement offered no specifics, but John Cox, spokesman for the Kentucky Senate majority, said it would be accurate to assume that Senate President Robert Stivers and other GOP leaders want to accommodate "clerks and other religious institutions."

Cox said Stivers and others were unavailable to elaborate.

Beshear ordered clerks and state agencies to comply with the court's 5-4 ruling, which required states to permit and recognize same-sex marriages, shortly after it was issued June 26. A handful of clerks since have declined to issue marriage licenses to gay or straight couples, citing their religious beliefs against same-sex marriage.

The ACLU of Kentucky last week sued Rowan County Clerk Kim Davis on behalf of two homosexual and two heterosexual couples, all of whom were turned away when they tried to get marriage licenses from her office. The county with about 24,000 residents and Morehead State University is between Lexington and Ashland, Ky.

Another clerk, Casey Davis of Casey County, has written to Beshear asking for relief from his order. Casey County, population 16,000, is about 60 miles southwest of Lexington.

Beshear spokesman Terry Sebastian said Casey Davis came Monday to Frankfort to meet with the governor but Beshear was meeting with the chief executives of Humana and Aetna. Aetna announced Friday it was acquiring the Louisville-based insurer.

Sebastian said the meeting will be held at a later date, possibly this week.

Legal experts say clerks may be committing official misconduct, a misdemeanor, in declining to issue marriage licenses. Kentucky Attorney General Jack Conway's office has said they could be sued.