Here's how it should typically work: If a same-sex couple shows up at
a county clerk's office to get married, an individual official can
refuse to grant them a license. But the official would have to hand the
case over to another county staffer, who would then give the license to
the couple. The issue is that individual government employees may refuse
— based on genuine religious objections — to marry same-sex couples,
but the county government as a whole has a compelling interest to
accommodate the couple and avoid violating their constitutional right to
marry.
Davis's office is refusing to issue any marriage licenses,
which lets her office say it isn't discriminating against same-sex
couples, since no one — not even opposite-sex couples — can marry. But
even that defense hasn't worked: Gov. Beshear's office concluded that
it's a clerk's legal duty to issue marriage licenses, and courts have
agreed, so Davis is violating her clerk's oath to uphold the law by
stopping her ENTIRE office from marrying anyone.
Still, Davis was offered an accommodation: She could let her deputy
clerks marry people, while she excuses herself from the process. She
refused, saying she would interfere if she was released from jail. That
indicates Davis doesn't just want to excuse herself from marrying
same-sex couples, but wants to be able to impose her religious beliefs
on her whole office — and, as a result, the entire county government.
And it means the judge can't release Davis from jail if he wants to keep
marriage licenses flowing, since she would stop deputy clerks from
issuing licenses.
So, let me sum this up all nice and easy.....Davis wants to IMPOSE her religious dogma on EVERYONE in her county. That, my friend, is illegal.