Local government responses to Obergefell v. Hodges
From Ballotpedia - Reading time: 34 min
Originally published July 1, 2015[edit]
Last updated June 26, 2017
By Local Desk staff
On June 26, 2015, the U.S. Supreme Court decision in Obergefell v. Hodges legalized same-sex marriages nationwide. There were 15 states that had same-sex marriage bans in place or stayed by courts prior to the decision. The local government officials in charge of issuing marriage licenses did not unanimously comply with the ruling. Delays and refusals in license issuing initially led to protests, one clerk's resignation, and jail time for another. Two years later, this tension continued in several municipalities.
As of June 2017, eight Alabama counties did not issue marriage licenses to any couples. One county in Texas refused to clarify whether or not they would issue licenses to same-sex couples should such a couple apply. In some other counties in several states, licenses were issued, but marriage ceremonies were no longer provided at county offices.
The Alabama counties that stopped issuing licenses altogether stated that Alabamans were free to file for a marriage license in any county, not just the one of their residence, but it was unclear if all other counties did allow nonresidents to apply. Bibb County, which initially stopped all issuing and later reversed course, told Ballotpedia that at least one individual from the couple applying for the license had to be a resident of the county.
The degree to which state executives and lawmakers supported acts of resistance to the court's ruling varied. Though some states' attorneys general disagreed with the court's finding, most stated they would not defend municipalities against lawsuits if they refused to license same-sex marriages. For more information on how local government offices in the 15 states with bans prior to the decision impacted its implementation, see the local government response by state section on this page.
- See also: State executive responses, state legislative responses, and presidential candidate responses to the ruling
Local government response by state[edit]
As of June 21, 2017, two of the 15 states with former bans on same-sex marriage prior to the Supreme Court ruling had counties that either would not issue marriage licenses to same-sex couples or had unclear statuses—Alabama and Texas. The local government reactions in the other 13 states can be found on the "States with all counties confirmed issuing" tab.
Alabama[edit]
As of June 21, 2017, Ballotpedia had confirmed that 59 of Alabama's 67 counties would issue marriage licenses to same-sex couples. Eight counties would not issue marriage licenses regardless of sex at that time. Initially, some counties had refused to issue licenses to only same-sex couples. By July 7, 2015, however, most of those counties either switched to issuing licenses to all couples or decided to get out of the marriage business altogether. Alabamans are not required to be married in the county of their residence.[1][2][3][4]
Some confusion occurred on June 29, 2015, after statements made by Alabama Supreme Court Chief Justice Roy Moore (R) were interpreted as prohibiting all county probate judges from issuing same-sex marriage licenses for 25 days. He later clarified, "What the order means is that within that 25-day period no (probate judge) has to issue a marriage license to a same sex couple." The 25 days referred to the period in which parties to the lawsuit could contest the Supreme Court ruling.[5]
Officials in some counties that have stopped issuing marriage licenses for all couples have released statements on the matter. The Clarke County Probate Court provided the following statement on its website:
| “ | Marriage Licenses aand ceremonies are not available at the Clarke County Probate office. Clarke County residents who are seeking marriage licenses can do so at any Probate Judge’s office in the state that offers that service. The law does not require that a marriage license be bought in the county of your residency.[6] | ” |
| —Clarke County Probate Court (2017)[7] | ||
Several counties that stopped issuing marriage licenses gave similar explanations that Alabamans were not required to file for the licenses in the county of their residence. One county, however, appeared to be in conflict with that statement. Bibb County, which initially stopped all issuing and later reversed course, told Ballotpedia in June 2017 that at least one individual from the couple applying for the license had to be a resident of the county.
Henry County Probate Judge David Money had initially stated his office would begin issuing licenses to all couples on July 7, 2015. He issued the following statement changing his stance on that day:
| “ | The United States Supreme Court’s June 26, 2015 ruling in regard to same-sex marriages followed by the subsequent correspondence from the Alabama Supreme Court on June 29th allows for a 25 day period in which the petition may be reheard. In light of this, the Henry County Probate Office will closely monitor the litigation process as we continue to communicate with the Alabama Probate Judges Association, state officials and attorneys representing both sides of the issue. We are awaiting final clarification that will give us clear direction as to if and when we are to resume the issuance of marriage licenses. As has been our intent from the beginning, we will abide by all Federal and State laws related to the issuance of marriage licenses. We regret any inconvenience this may cause to the citizens of Henry County.[6] | ” |
| —Henry County Probate Judge David Money, (July 7, 2015)[8] | ||
The county later returned to issuing marriage licenses to same-sex couples.
At least one county saw public protests over its refusal to issue marriage licenses. One group, Equality Wiregrass, organized a protest at the Houston County Probate office on July 13, 2015.[9][10] On June 23, 2015, the Associated Press reported that both Henry and Houston counties had resumed marriage licensing and would issue them to both heterosexual and same-sex couples.[11]
It may take a lawsuit to determine whether or not probate judges can legally refuse to issue all marriage licenses, according to at least one law professor. University of Alabama Professor Ronald Krotoszynski told AL.com that "until a probate judge is sued in federal court, nothing happens." Krotoszynski expressed confidence that probate judges would be forced to resume issuing marriage licenses to all couples if such a lawsuit were brought forward, but others—including some probate judges—disagreed.
"May" vs. "shall"[edit]
Defenders of the nonissuing judges argue Alabama law only states that probate judges "may" issue marriage licenses, as opposed to "shall" or "will." Geneva County Probate Judge Fred Hamic and Pike County Probate Judge Wes Allen both stated their belief that refusing to issue any marriage licenses was permissible on this basis. Krotoszynski responded to this argumentation, saying that it would not "hold legal water."[12]
It is unclear why the "may" language was introduced in the first place, but it has not always been a part of Alabama's marriage law. Its original intent was never documented, but some speculate that it was originally meant to prevent interracial marriages. It was added to the law in 1961, when the state legislature unanimously approved a revision of the marriage statutes. Prior to that change, state law had dictated that couples obtain marriage licenses in the county where the wife-to-be lived or the county in which the couple intended to be wed. According to the Associated Press, "Whatever the stated reason for the 1961 bill, it clearly emerged from a pro-segregation legislature." Former Governor Albert Brewer (D), who served in the legislature at the time of the change, stated the bill's sponsors were not "hard-core segregationists" but acknowledged there may have been an interest in blocking mixed-race marriages. He stated, “Certainly they were talking about miscegenation at the time."[13]
Number of marriage licenses issued in selected Alabama counties[edit]
Ballotpedia summarized the number of marriages that had taken place in the years 2012 through 2015 in those eight Alabama counties that were no longer issuing marriage licenses to any couples as of June 21, 2017. This data is based on the number of marriage licenses issued by each county, and was compiled from each year's edition of the Alabama Vital Statistics report, which is prepared by the Alabama Center for Health Statistics division of the Alabama Public Health Department:[14]
Texas[edit]
One of Texas' 254 counties remained unclear on the matter of issuing marriage licenses to same-sex couples as of June 20, 2017. Irion County Clerk Molly Criner had refused to issue same-sex couples marriage licenses immediately after the Supreme Court ruling. On October 2, 2015, her office would not say whether or not they would issue such licenses when contacted by Ballotpedia. An official stated, "All I can say is that both people need to be present and have photo IDs," but would not elaborate on the issue of Criner's earlier refusal. In March 2017, Criner told the Texas Observer that no same-sex couples had applied in the county and she was unsure what she would do if it happened. When contacted by Ballotpedia in June 2017, Criner stated it was the policy of her office to not discuss marriage licenses policy over the phone, and she refused to answer further questions on the matter.[15][16][17]
Criner issued the statement below through the Liberty Counsel on July 6, 2015. The group, which provided Criner with pro bono legal advice on the matter, describes itself as "Restoring the Culture by Advancing Religious Freedom, the Sanctity of Human Life and the Family."
| “ | Citing the Constitution and natural law, elected clerk for Irion County, Texas, Molly Criner has vowed to stand for natural marriage. Referring to the opinion of five lawyers regarding marriage, Criner said: 'To keep my oath to uphold the Constitution, I must reject this ruling that I believe is lawless….I have to stand for the Constitution and the rule of law.' Liberty Counsel is offering Ms. Criner pro bono counsel.
'The Justices of the Supreme Court acted outside and against the authority granted to them by the very Constitution that we have sworn to uphold,' Molly Criner continued. '[O]ur founding fathers were fearful of too much power in the hands of a few,' Criner continued. 'Consequently, they created a Constitutional Republic in which authority to rule belonged to the PEOPLE, to be exercised through their elected representatives. In that Constitution, the Supreme Court was given the authority to expound the law, not rewrite it or remake it,' Criner said. 'Natural marriage cannot be redefined by government without stepping out of the bounds of nature and nature’s God, who was recognized at the founding of our nation as the very source of our liberties,' pointed out Criner. 'The Supreme Court has historically made a number of bad rulings that time and justice have been able to realize and overcome,' said Mat Staver, Founder and Chairman of Liberty Counsel. 'The opinion of five lawyers regarding marriage is another example of an unjust law that will be overcome as people stand together, individually, and as States,' Staver continued. 'Like Molly, each of us should vow not to be intimidated but, instead, to stand united for our God-given liberties and the Rule of Law,' Staver advised.[6] |
” |
| —Liberty Counsel, (July 6, 2015)[18] | ||
Rusk County Clerk Joyce Lewis-Kugle resigned from her position over the ruling effective July 13, 2015. The county had initially delayed issuing marriage licenses to same-sex couples due to her stance on the issue. Her replacement, Trudi McGill, stated that she would issue such licenses.[19][20]
Local officials resisting issuing marriage licenses to same-sex couples were not without state support in Texas. State Attorney General Ken Paxton (R), in his nonbinding written opinion on the court ruling, appeared to make room for a religious freedoms argument for those counties where officials wished to decline same-sex couples. However, according to The Dallas Morning News report, only two counties—Lipscomb and Kimble—reported religious objections as their cause for not initially issuing the licenses. Both counties were issuing by July 6, 2015.[21][22]
It appeared pressure from threatened and actual lawsuits influenced the shift in policy for some counties that initially refused or delayed issuing marriage licenses to same-sex couples. In Hood County, a couple initially turned away by County Clerk Katie Lang due to paperwork delays was later issued a license after filing a lawsuit.[23][24]
The following statement from Lang was published on the Hood County government website:
| “ | The religious doctrines to which I adhere compel me to personally refrain from issuing same-sex marriage licenses. Nonetheless, in addition to the county clerk offices in the several surrounding counties, as soon as the appropriate forms have been printed and supplied to my office, the County Clerk’s Office of Hood County will have staff available and ready to issue same-sex marriage licenses.
Because some have misreported and misconstrued my prior statements, I want to make clear that the County Clerk’s Office of Hood County will comply with the recent decision of the Supreme Court of the United States. I am grateful that the First Amendment continues to protect the sincerely held religious beliefs of public servants like me. That has not changed since last Friday. As Justice Kennedy stated, “it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned."[6] |
” |
| —Hood County Clerk Katie Lang (2015)[25] | ||
Like counties in other states with overturned same-sex marriage bans, several Texas counties stated they were experiencing delays in issuing licenses to same-sex couples due to paperwork and software updates. On July 9, 2015, Ballotpedia had reported that Mills County was delayed in issuing licenses due to paperwork issues. The following day, however, the county office told Ballotpedia that no one had come in for such licenses but did not confirm that they were ready to issue them if a couple did apply. Another seven counties were delayed in issuing such licenses, mainly due to technical issues with paperwork.[21] Panola County officials told Ballotpedia prior to July 10, 2015, that they were delayed in issuing same-sex marriage licenses due to paperwork issues. When contacted that day, however, the office reported it was not issuing marriage licenses to any couples regardless of sex. On July 17, 2015, Panola County told Ballotpedia that they intended to follow the ruling as soon their software updates were completed; the county was confirmed as being able to issue as of July 24, 2015.
At least one local media outlet, however, thought some of the delays were actually a way of resisting the court ruling. A writer at the Dallas Voice, which markets itself as "the premier media source for LGBT Texas," described the delays before the resignation of Live Oak County Clerk Karen Irving as a stalling tactic. Writer David Taffet stated, "To avoid any lawsuits, the county had been reporting it would issue licences as soon as it had software updates. Instead, it was protecting the retirement of its county clerk, who refused to comply with the law."[26]
States with all counties confirmed issuing[edit]
Click [show] to the right of each state name to read about the process of local government compliance with the Obergefell v. Hodges ruling.
| Arkansas |
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Local clerk resigns over decision[edit]Ballotpedia confirmed that all 75 Arkansas counties would issue marriage licenses to same-sex couples as of July 24, 2015. One county, Sharp County, was delayed by software updates to their electronic system for marriage licenses. Cleveland County Clerk Jimmy Cummings, alternatively, was uncertain how his office would handle a license application from a same-sex couple at that time. No such couples had tried to be married in the county as of July 10, 2015. When asked if he would issue a license to a same-sex couple, if one came to his office, Cummings told Ballotpedia, "Don't know if I would." In an email on July 17, 2015, he stated, "We are in compliance with the SC ruling."[27] While state Attorney General Leslie Rutledge (R) stated her disagreement with the high court's ruling, she also stated clearly that Arkansas counties had to comply with the decision on June 26, 2015. Cleburne County Clerk Dana Guffey resigned from her post effective July 1, 2015, due to moral objections to issuing marriage licenses to same-sex couples.[28][29][30] |
| Georgia | ||||||||||||||||||
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Two county judges stop marriage ceremonies; licenses issued statewide[edit]According to the head of the Georgia Council of Probate Courts, Chase Daughtrey, all county courts in the state were in compliance with the Supreme Court's ruling as of June 29, 2015. Daughtrey announced that "all appears to be good and judges are following the law.” He further stated:[31]
However, on July 10, 2015, it was reported that Dodge County Judge Lonnie Parkerson had stopped performing marriage ceremonies to protest the Supreme Court's ruling. It was reported at the same time that Johnson County Probate Judge Mary Jo Buxton had also stopped performing all marriage ceremonies. Licenses were still being issued in those counties, but couples had to find alternative officiants for their ceremonies.[32] Parkerson released the following statement on his decision:[32]
He was also quoted as stating during the last marriage (between an opposite-sex couple) he performed:
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| Kansas |
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28 counties switch status in one day, making licenses available statewide[edit]On June 29, 2015, Equality Kansas reported that 77 of Kansas' 105 counties were issuing marriage licenses to same-sex couples. However, by the end of June 30, 2015, it was reported that all counties in the state were issuing such licenses.[33] |
| Kentucky | |||||||||||||||||||||
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As of June 2016, the Kentucky group Fairness Campaign found that no counties were denying marriage licenses to same-sex couples.[34][35] Clerks in Casey County and Whitely County were not issuing licenses to same-sex couples as of October 2, 2015, but their policies had changed by June 21, 2017.[36][37][38][39] Whitely County[edit]The Whitely County Clerk's office confirmed they would issue licenses to same-sex couples in June 2017. Officials had told Ballotpedia on October 2, 2015, that they would only issue licenses to what they referred to as "traditional couples."[40] Other reports quoted the county clerk, Kay Schwartz, as saying she would only license "bridge and groom" couples.[36] The county had repeatedly told Ballotpedia prior to October 2, 2015, they were delayed in issuing to opposite-sex couples due to paperwork delays. Local reports, however, contradicted these statements. In July 2015, it was reported that a rally had been held to support Schwartz. At the event, Schwartz stated that she did not have the forms for licensing same-sex couples. When pressed by a reporter as to what she would do if she had the forms, she restated, "I don't have the forms."[41] Casey County[edit]The Casey County Clerk's office confirmed they would issue licenses to same-sex couples in June 2017. Clerk Casey Davis (no relation to Kim Davis) had taken his opposition to the Supreme Court ruling on the road with a 460-mile bike ride to raise awareness of his stance in 2015. Davis quit issuing all marriage licenses following the ruling but was not facing any lawsuits over the matter as of October 2, 2015. He advocated then for the state legislature to revise the legal requirements for marriage licenses, including calling on Gov. Steve Beshear (D) to call a special legislative session to address the issue.[42] During Kim Davis' time in jail, Casey Davis implied that he would also be willing to face contempt of court for his refusal. "If I could trade places with her, I would. May have to some day, and if that happens, so be it," Casey Davis stated.[42] Rowan County[edit]In Rowan County, Clerk Kim Davis was taken into custody on September 3, 2015, after being found in contempt of a court order that directed her to issue licenses without delay. Five days later, she was released with the requirement that she not interfere with the issuing of marriage licenses by her deputies; the order for her release can be viewed here.[43] By the end of her first week back at work, Davis was facing criticism from one of her deputies after she removed her name from marriage licenses issued to same-sex couples.[44] Davis' deputies began issuing marriage licenses to same-sex couples on September 4, 2015, while she was in jail. Upon her release, Davis did not state whether or not she intended to comply with the judge's orders of noninterference when she returned to work on September 14, 2015. On that day, however, she began altering marriage licenses to remove her name from them, replacing it with "pursuant to federal court order."[45] An attorney for Deputy Clerk Brian Mason argued that this action invalidates the licenses and demonstrates a failure to comply with the order for her release.[44] It is possible Davis would be found in contempt of court again if these actions are deemed interference by the court.[43] Additionally, couples who have been issued the altered licenses have questioned the validity of the documents. They have asked Judge Bunning to order that the licenses be reissued with Davis' name included according to state law.[45] Davis made a statement at the courthouse, arguing that any marriage licenses issued from the Rowan County Clerk's office would be unauthorized regardless of whether or not her name appeared on them. Davis stated:
James Obergefell, the plaintiff in the Supreme Court case, wrote a fundraising letter for the American Civil Liberties Union (ACLU) criticizing Davis' removal of her name from the licenses. The body of the letter can be read by clicking [show] on the right side of the bar below:
As Davis is an elected official, she cannot be fired. The only manner by which she may be removed from office is impeachment and trial by the Kentucky State Legislature. If she were to be found in contempt again, she could be jailed for the remainder of her term, which expires in 2018.[47] Davis was sued on July 2, 2015, by the American Civil Liberties Union of Kentucky in the United States District Court for the Eastern District of Kentucky due to her refusal to issue marriage licenses to same-sex couples. According to an Associated Press article, Davis held religious objections to same-sex marriages. She said, "It’s a deep-rooted conviction; my conscience won’t allow me to do that. It goes against everything I hold dear, everything sacred in my life."[48] While the suit against Davis was expected to begin in earnest on July 13, 2015, it was delayed until the following Monday by U.S. District Court for the Eastern District of Kentucky Judge David Bunning. Davis' lawyers argued that she had not been officially notified of the lawsuit, and therefore, the court did not have jurisdiction over the case. Bunning initially allowed the hearing to continue regardless and then suspended it to allow Davis to be properly notified.[49] On July 20, 2015, Davis took the stand to defend her decision not to issue marriage licenses. Described as choking back tears during her testimony, Davis told the court she is an Apostolic Christian and believes marriage is only between one man and one woman. She stated that it would be a violation of her religious beliefs to issue marriage licenses under her name, even if the task were delegated to a deputy clerk.[50] The American Civil Liberties Union (ACLU), which sued Davis on behalf of two same-sex couples who were refused marriage licenses by her office, argued that couples should not have to leave their county of residence to receive a license. Daniel Canon, a lawyer working with the ACLU on the case, posed the objection, questioning, “Why should the taxpaying citizens of Rowan County have to go anyplace else aside from their own county to get a marriage license? Why should they be held to a different standard than anybody else?”[50]  Davis' legal representation through the Liberty Counsel argued that the couples in question proved their ability to travel to other counties to receive a license by their attendance of the court proceedings outside of Rowan County. Liberty Counsel lawyer Roger Gannam argued, “This case is not about these plaintiffs’ desires to get married. The case is about the plaintiffs [sic] desire to force Kim Davis to approve and authorize their marriage in violation of her constitutionally protected religious beliefs.”[50] Davis stated she would not resign because it would not resolve the underlying issue of her First Amendment objections, saying, "If I resign, I solve nothing. It helps nobody." A ruling in the case was expected on August 11, 2015.[50] Before a ruling could be made, Davis brought a lawsuit against Governor of Kentucky Steve Beshear (D), arguing that the letter from the governor directing all county clerks to issue licenses to same-sex couples violated her religious beliefs. “The Comonwealth [sic] of Kentucky, acting through Governor Beshear, has deprived Davis of her religious conscience rights guaranteed by the United States and Kentucky Constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs," stated Davis and her lawyers.[51][52] On August 12, 2015, Judge Bunning ruled in favor of the plaintiffs, stating:
Bunning placed an injunction on the ruling to allow for the filing of an appeal to the Sixth Circuit Court.[54] The circuit court, however, refused Davis' appeal on August 26, 2015, saying, "It cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution."[55] The request for a stay was passed up to the Supreme Court, which denied Davis' objections on August 31, 2015.[56] On September 3, 2015, Bunning found Davis in contempt of court for continuing to refuse same-sex couples marriage licenses following the circuit court's decision. The court could have fined or jailed Davis. Some commentators thought that the decision to use incarceration over a fine was due to the fact that Davis had been receiving funds from supporters. Davis stated she had not solicited financial support over the matter, but the judge determined that she would have had little reason to comply with the court's order if she had access to such funds to pay fines.[47] Davis' religious convictions regarding same-sex marriages were criticized by some after it was reported that she had been divorced three times prior to her current marriage. Some accused Davis of hypocrisy due to her history. Others defended Davis, citing her conversion to Christianity four years prior to the court ruling as a demonstration of a complete life change for her. Mat Staver, a member of the Liberty Counsel, dismissed Davis' prior marriages, arguing, “It’s something that’s not relevant to the issue at hand. She was 180 degrees changed."[57]
Casey County Clerk Casey Davis stated, "I don’t have any problem with that whatever, how she was before. If the Lord can forgive her, surely I can. That’s something that’s forgivable just like any other sin, but if you continue in it and live in it, there’s a grave danger in that."[57] One Rowan County same-sex couple had tried to receive a license, documented their experience on video, and uploaded it to YouTube on July 7, 2015. Initially refused by other members of the office, the couple reported they were ultimately refused a license by Clerk Davis. That portion of their interaction was not included in the video as Davis asked not to be taped. It was also reported that the police were contacted to stop the couple and another person with them from recording the interactions.[58][59] Cumberland County[edit]The Cumberland County Clerk's office would not say definitively whether or not they would be issuing licenses, stating that the matter had been ordered by the courts and governor, but they had no further comment on the matter on June 30, 2015. On July 8, 2015, the clerk would not directly say that the office would issue same-sex marriage licenses. Instead, she said, "The Governor has made a ruling and the Supreme Court and I think that question has been answered." That statement was made again on July 9, 2015. On August 7, 2015, the office confirmed that it would issue marriage licenses to same-sex couples. Owsley County[edit]Owsley County officials initially refused to comment on the matter as well, but later shifted to issuing same-sex marriage licenses. The Green County Clerk's office stated, "The Clerk is undecided at the moment." Taylor County officials described the situation, saying, "Everything is still up in the air," and later stated it would be waiting until July 21, 2015, to decide how to proceed. An official with the Monroe County Clerk's office described the situation, saying, "If the governor signs it... I don't like it, I don't agree with it, and I don't stand for it." Owsley County was confirmed to be issuing licenses to same-sex couples as of July 24, 2015. | |||||||||||||||||||||
| Louisiana |
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All parishes licensing: state-controlled Orleans last to shift[edit]Orleans and Red River parishes appeared to be the last two refusing to issue same-sex couples marriage licenses in Louisiana as of June 30, 2015. On July 1, 2015, Red River shifted its stance, while Orleans waited a day longer due to state control of its marriage licensing.[60][61] According to a local lawyer who contacted all of the state's parish court clerks, Red River Parish was the only parish-controlled issuer of marriage licenses refusing to do so on June 30, 2015. Orleans Parish, alternatively, has its marriage licenses issued by the state Department of Vital Records, not the parish court clerk. Gov. Bobby Jindal (R), while opposing the court's ruling, has stated Louisiana would comply with it. At the same time, he had argued that the state had to wait for a decision of the U.S. 5th Circuit Court of Appeals to rule that the Supreme Court's decision overrode the state's voter-approved constitutional amendment banning same-sex marriage in 2004. Once that ruling and an additional ruling of another lower court were published, the governor agreed to allow the Department of Vital Records to begin issuing in Orleans Parish.[62][61] Forum For Equality Executive Director Sarah Jane Brady said that a few parishes may have been delayed in issuing licenses as of June 30, 2015, as they were waiting for changes to their digital forms for license applications. A full list of parishes delayed was not available at that time, but Iberville Parish was identified as one of the affected areas.[62] On June 26, 2015, the Louisiana Clerks Association advised its members to wait until the end of a 25-day period, during which the Supreme Court could consider a rehearing. However, on June 29, 2015, the association changed its stance. Several parish clerks had already begun to issue licenses despite the earlier recommendation. The LCA told its members to begin issuing licenses to conform to the high court's ruling and to avoid confusion due to differing starting dates for allowing such licenses.[63][64] |
| Michigan |
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All counties confirmed as issuing licenses to same-sex couples[edit]As of July 2, 2015, Ballotpedia confirmed that all Michigan counties would issue marriage licenses to same-sex couples. Equality Michigan, a group that advocated for same-sex marriage in the state, reported that 12 counties had confirmed they would not immediately begin issuing marriage licenses, while another 24 counties had not made clear statements on the matter or responded to questions from the group on June 30, 2015. A Ballotpedia survey of Michigan county clerks confirmed with all but one county that they were issuing licenses to same-sex couples on June 30, 2015. Schoolcraft County Clerk Beth Edwards was out of the office on June 30, 2015, but her office confirmed that it would offer licenses on July 2, 2015.[65] While licensing for same-sex couples was readily available from all county clerks, not every district court was willing to perform marriage ceremonies for those couples. On July 1, 2015, it was reported that Midland County's 75th District Court had stopped performing all marriages. Judge Michael Carpenter decided that the court would not perform marriages, saying, “This is an issue that is near and dear to both sides’ hearts. The district court can, but is not required, to do marriages. (The statute) says may, not shall.” He also clarified, “That doesn’t mean you can’t be married in the courthouse. We’re just not going to provide the services. We just don’t have the staffing and the time.”[66] It appeared, however, that at least one other county official would be making time to provide marriage ceremonies. Midland County Clerk Ann Manary had performed and stated she would continue to perform marriage ceremonies for anyone who wished to be married at the courthouse, calling her office a "one-stop shopping" place. She also spoke of Judge Carpenter's decision to not perform ceremonies, saying, "I'm not sure exactly what he's thinking there."[67] |
| Mississippi |
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All counties issuing as of July 7[edit]According to the group Southern Equality, all counties in Mississippi were confirmed as able to issue licenses to same-sex couples on July 7, 2015. Some of the state's most densely populated counties, such as DeSoto County, waited before proceeding with the change due to perceived lack of clarity from the attorney general of Mississippi. On the day of the high court's decision, Attorney General Jim Hood (R) told counties to wait until a stay placed on a district court ruling on the state's case had been lifted. He reversed his decision on the matter on June 29, 2015, telling counties they should follow the Supreme Court's ruling.[68][69][70] Other state officials voiced their staunch opposition and considered ending the issuing of marriage licenses altogether.[63][71] |
| Missouri |
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All counties issuing as of July 8[edit]According to information gathered by PROMO Missouri, the Waynesville Daily Guide, and Ballotpedia, all counties in Missouri were confirmed as licensing same-sex marriages. While state government officials expressed varying degrees of approval for the ruling, Recorders' Association of Missouri President Jan Jones told all counties to abide by the decision, acknowledging that to do so may make some uncomfortable. Jones also noted there could be delays due to software updates that change the opposite-sex format of the marriage licensing process. One county recorder, Nora Dietzel of Boone County, described the impact of the ruling to the Waynesville Daily Guide, saying the office phone "blew up" following the announcement.[72][73] On July 7, 2015, Gov. Jay Nixon (D) signed an executive order requiring "all departments, agencies, boards and commissions in the executive branch to immediately take all necessary measures to ensure compliance with the Obergefell decision in all aspects of their operations."[74] The Dent County Commission voted unanimously on July 13, 2015, to protest the Supreme Court's ruling by observing a year of mourning. The move was intended to include the lowering of flags at the county courthouse and judicial building to half-staff on the 26th day of each month for a year. However, it was later reported that the board would reverse the decision "out of respect for veterans and those currently serving in the military."[75] |
| Nebraska |
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All counties issuing by July 6[edit]As of July 6, 2015, Ballotpedia confirmed all Nebraska counties were prepared to issue licenses to same-sex couples. Officials in Buffalo, Dakota, and Phelps counties initially reported they would not be issuing such licenses until they received further guidance from the state. However, both the governor and the state's attorney general had announced by June 29, 2015, that the state would comply with the court's ruling. Attorney General Doug Peterson's (R) office stated, “Nebraska officials will not enforce any Nebraska laws that are contrary to the United States Supreme Court’s decision.”[76][77][78] |
| North Dakota |
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All counties issuing after Stark Co. deputy clerk authorized[edit]All of North Dakota's 54 counties were verified as issuing marriage licenses to same-sex couples as of July 7, 2015. Stark County refused to comment on the matter initially and when Ballotpedia followed up on July 6, 2015, and July 7, 2015. When asked if their office would issue a license to a same-sex couple on July 7, 2015, Stark County Recorder Kathy Schwab stated, "I'm just going to make no comment."[79][80][81] However, on July 7, 2015, the Stark County Commission voted to authorize the county's deputy recorder Kim Kasian to issue licenses to same-sex couples. The move was requested by County Recorder Kathy Schwab, whose attorney stated, "Ms. Schwab has personal, deep-seated beliefs that she says really interfere with her ability to do that kind of thing. She’s asking that the board exercises authority to appoint a substitute official in instances of applications for marriage licenses for same-sex marriages.”[82] Some counties were initially cautious about issuing licenses after the Supreme Court's decision was announced, waiting for advice from the state's attorney general. State Attorney General Wayne Stenehjem (R), who was on vacation as of July 1, 2015, was reported as advising one of the counties while the others seemed to still be waiting for a response. Earlier uncertainties[edit]On July 2, 2015, three counties were delaying acting on same-sex licenses at the time they were contacted by Ballotpedia: Ramsey, Ransom, and Traill counties. Ransom and Traill counties stated that they would not issue licenses until they could contact the state's attorney. An official from the Ramsey recorder's office stated that the county was holding off on accepting same-sex license applications for an approximately three-week period on the advice of the state's attorney. This office, however, was the only one to reference advice from Stenehjem. Employees of the Ransom Clerk of Court and the Traill Recorder offices stated they were waiting to hear from the state's attorney. Earlier reactions from five other counties' offices indicated they might be providing same-sex licenses in spite of the uncertainty. Officials in the Benson County Recorder's office stated they would check with the state's attorney if and when they received any applications from same-sex couples, but they also stated they "guessed" they would issue them. A Dickey County Recorder's office employee stated the situation had not yet arisen but they may issue licenses to same-sex couples. The Golden Valley County Recorder's office, which also stated a desire to talk with the state's attorney before issuing licenses, stated they would not turn applicants away. An official with the Walsh County Recorder's office stated the office had received no requests and the recorder was unsure as to how they would handle them at that point. Instead of waiting on the attorney general, the office stated they were hoping for a clear policy to be set at the next meeting of the County Commission on July 6, 2015. A possible three-week delay in processing same-sex marriage licenses there was also mentioned. |
| Ohio |
|---|
One delay in implementation[edit]All of Ohio's 88 counties were confirmed as offering licenses to same-sex couples as of July 6, 2015. Only one county, Meigs, reported a delay on July 2, 2015, as it awaited new application forms to process same-sex couples. That delay was resolved by the next week. |
| South Dakota |
|---|
AG says religious objections allowed; ACLU disagrees[edit]As of July 6, 2015, Ballotpedia was able to confirm that all of South Dakota's 66 counties would issue same-sex couples marriage licenses. Both Gov. Dennis Daugaard (R) and state Attorney General Marty J. Jackley (R) expressed their disagreement with the decision upon its announcement but also made it clear that the state would abide by the ruling.[77][83][84] Jackley also stated that county clerks would be allowed to refuse to issue marriage licenses to same-sex couples if another clerk in the county office would fulfill that duty. If all the county clerks in the state would refuse to issue such licenses, the state could fulfill the obligation, according to Jackley.[85] The American Civil Liberties Union (ACLU), however, contested Jackley's opinion. Acting legal director for the group in the state Courtney Bowie stated, "When we talk about the law of the land, we're talking about government officials. A government official may in his personal life disagree, but acting in his capacity as a government official cannot discriminate against same-sex couples." In a letter to Jackley, the ACLU compared the situation to the Supreme Court case Parrott v. District of Columbia, which held that a police officer was not exempt from protecting an abortion clinic due to his religious beliefs.[85] Jackley responded to the ACLU, saying the state had to make reasonable accommodations for the religious beliefs of employees. He compared the situation to that of attorneys general who are not required to handle appeals cases from death row if they have religious objections to the death penalty. He stated, "As South Dakota's Attorney General, I do not have the luxury of ignoring the law, which requires Constitutional rights to co-exist."[85] As of July 13, 2015, Ballotpedia was unable to find any reports of county officials refusing to issue licenses to same-sex couples. |
| Tennessee |
|---|
Decatur County Clerk's office resigns; all counties issuing by July 6[edit]The Associated Press reported on July 1, 2015, that all Tennessee counties were issuing same-sex marriage licenses in accordance with the U.S. Supreme Court ruling.[86] However, local news station WKRN reported the following day that the entire Decatur County Clerk's office had resigned in protest to the ruling. County Clerk Gwen Pope and her two employees, Sharon Bell and Mickey Butler, all directly attributed this decision to the ruling. The media outlet indicated that their objections were religious in nature. Their final day was July 5, 2015. On July 6, 2015, it was announced that Jack Martin would serve as temporary Decatur County clerk until the county commission could meet to vote on a permanent successor on July 13, 2015. The appointment meant all 95 counties were ready to issue licenses as of that day.[87][88] On June 29, 2015, The Tennessee Equality Project had reported to The Tennessean that eight counties were not issuing marriage licenses to same-sex couples: Gibson, Grundy, Lake, Marion, Obion, Smith, Stewart, and Warren counties. The next day, The Tennessean had reported that only Gibson, Lake, Smith, and Stewart counties were still not issuing licenses. It was reported that the counties not issuing licenses were experiencing issues with paperwork or computer systems, but that they intended to issue them following the resolution of those problems. However, Smith County had been reported as having stopped issuing all marriage licenses to all couples. Some additional counties were issuing marriage licenses to same-sex couples but stopped performing wedding ceremonies.[89] |
Background of local control in same-sex marriage[edit]
Prior to the Obergefell v. Hodges decision, 15 states had or attempted to institute bans on same-sex marriage. The seven states denoted in teal on the map below—Alabama, Arkansas, Mississippi, Missouri, Nebraska, South Dakota, and Texas—had bans on same-sex marriage that were ruled unconstitutional by either a state or federal court prior to the Supreme Court decision. States highlighted in blue—Georgia, Kentucky, Louisiana, Michigan, North Dakota, Ohio, and Tennessee—had bans that were still in effect up until the ruling.
Disputes between state and local control were already in play during some of these bans. For example, marriage licenses had been issued to same-sex couples in St. Louis, Mo., while the ban was still in effect in the state. Kansas, highlighted in orange on the map, was an even more unusual case as some counties were issuing licenses to same-sex couples, but state officials enforced a ban across the state.
Full data table[edit]
See also[edit]
- Obergefell v. Hodges
- State executive responses to Obergefell v. Hodges
- State legislative responses to Obergefell v. Hodges
- 2016 presidential candidates on Obergefell v. Hodges
- Marriage and family on the ballot
- Same-sex marriage in the federal courts
- United States Supreme Court
Footnotes[edit]
- ↑ AL.com, "At least 22 Alabama counties will not issue same-sex marriage licenses," June 29, 2015
- ↑ The Washington Post, "Opponents divided on how — or whether — to resist justices’ ruling," June 26, 2015
- ↑ NPR, "Alabama County Stops Issuing Marriage Licenses Altogether," June 29, 2015
- ↑ On Top Magazine, "13 Alabama Counties Stop Issuing Marriage Licenses Rather Than Serve Gay Couples," July 8, 2015
- ↑ AL.com, "Roy Moore: Alabama judges not required to issue same-sex marriage licenses for 25 days," June 29, 2015
- ↑ 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Clarke County, Alabama, "Probate Court," accessed June 22, 2017
- ↑ WTVY, "Henry County Delays Issuing Marriage Licenses," July 7, 2015
- ↑ dotalegal.com, "Group to protest in Dothan Monday over marriage license issue," July 10, 2015
- ↑ Facebook, "Gathering at Houston County Probate for Issuance of Marriage Licenses," accessed July 10, 2015
- ↑ AL.com, "At least 9 Alabama counties not issuing marriage licenses after gay marriage ruling," July 23, 2015
- ↑ AL.com, "Can Alabama judges go to jail for not issuing gay marriage licenses?" September 4, 2015
- ↑ Associated Press, "Alabama judges use segregation-era law to avoid gay marriage," October 3, 2015
- ↑ Alabama Public Health, "Alabama Vital Statistics report," accessed June 27, 2017
- ↑ Anna Wendlend, "Phone conversation with Irion County Clerk's office," October 2, 2015
- ↑ DallasVoice.com, "Counting the clerks," September 11, 2015
- ↑ Margaret Koenig, "Phone conversation with Clerk Molly Criner," June 20, 2017
- ↑ Liberty Counsel, "Texas Clerk Refuses to Issue Licenses for Same-Sex Marriage," July 6, 2015
- ↑ Longview News-Journal, "Rusk County clerk resignation official; new clerk appointed," July 13, 2015
- ↑ Tyler Morning Telegraph, "New Rusk County clerk will issue same-sex marriage licenses," July 13, 2015
- ↑ 21.0 21.1 The Dallas Morning News, "Interactive maps: How Texas counties are handling same-sex marriage licenses," June 9, 2015
- ↑ The Dallas Morning News, "Texas AG Ken Paxton lends moral support to clerks who refuse gay marriages," June 29, 2015
- ↑ Sentinel Republic, "Gay couple quickly granted marriage license after lawsuit – The Monitor: State," July 6, 2015
- ↑ Bloomberg Business, "Texas Couple Gets Marriage License After Suing for Foot-Dragging," July 6, 2015
- ↑ Hood County, Texas, "County Clerk," accessed July 6, 2015
- ↑ DallasVoice.com, "Same-sex couples can now marry in most places in Texas," July 17, 2015
- ↑ Margaret Koenig, "Email correspondence with Cleveland County Clerk Jimmy Cummings," July 17, 2015
- ↑ Arkansas Business, "Update: Leslie Rutledge Says State Will Follow Ruling," June 26, 2015
- ↑ ArkansasOnline, "Cleburne County clerk will resign over same-sex marriage licenses," June 29, 2015
- ↑ Times Record, "Cleburne County Clerk’s Resignation Over Same-Sex Marriaged Accepted," July 1, 2015
- ↑ 31.0 31.1 AJC.com, "Top Georgia court official: Judges ‘are following the law’ on gay marriages," June 29, 2015
- ↑ 32.0 32.1 32.2 32.3 13WMAZ, "Dodge judge won't perform weddings, to protest same-sex ruling," July 10, 2015
- ↑ Equality Kansas, "UPDATE: IT’S DONE. Marriage Equality Comes to All 105 Kansas Counties," accessed June 30, 2015
- ↑ Washington Blade, "One year after marriage ruling, pockets of defiance remain," June 22, 2016
- ↑ Ballotpedia confirmed that 119 of Kentucky's 120 counties were prepared to issue marriage licenses to same-sex couples. Ballotpedia was unable to reach officials in Knott County to determine the status there since the Obergefell v. Hodges ruling.
- ↑ 36.0 36.1 WYMT, "Whitley County clerk says she is issuing marriage licenses, but not to same-sex couples," October 2, 2015
- ↑ The Courier-Journal, "Clerks reverse course on marriage licenses," July 1, 2015
- ↑ Lexington Herald-Leader, "Several Kentucky county clerks defy same-sex marriage ruling, refuse to issue marriage licenses," June 29, 2015
- ↑ The Courier-Journal, "Gay marriage ruling defied by some Ky clerks," June 29, 2015
- ↑ Anna Wendland, "Phone call with Whitely County Clerk's office," October 2, 2015
- ↑ WYMT, "Rally in Williamsburg after county clerk decides not to issue same-sex marriage licenses," July 8, 2015
- ↑ 42.0 42.1 WKMS, "Casey Co. Clerk Wraps Up Cross-KY Ride for Kim Davis," September 5, 2015
- ↑ 43.0 43.1 CNN, "Kim Davis released, but judge bars her from withholding marriage licenses," September 8, 2015
- ↑ 44.0 44.1 44.2 WIBW.com, "Is Kentucky clerk Kim Davis back in hot water?" September 19, 2015
- ↑ 45.0 45.1 Cincinnati.com, "Obergefell to Kim Davis: Enough 'indignities,'" October 2, 2015
- ↑ ACLU Action, "An Open Letter to Kim Davis," accessed October 2, 2015
- ↑ 47.0 47.1 NPR, "Kentucky Clerk Found In Contempt For Refusing To Issue Marriage Licenses," September 3, 2015
- ↑ Time, "Kentucky Clerk Sued for Not Issuing Gay-Marriage Licenses," July 2, 2015
- ↑ ABC News, "Decision Delayed in Kentucky Clerk's Same-Sex Marriage Case," July 13, 2015
- ↑ 50.0 50.1 50.2 50.3 USA Today, "Ky. county clerk invokes God in denying gay marriages," July 22, 2015
- ↑ Christian Today, "Same-sex marriage row: County clerk files countersuit against governor of Kentucky," August 7, 2015
- ↑ Think Progress, "Kentucky Clerk Sues Governor For Making Her Do Her Job And Issue Same-Sex Marriage Licenses," August 6, 2015
- ↑ Lexington Herald-Leader, "Clerk turns away same-sex couple after federal judge orders her to issue marriage licenses," August 12, 2015
- ↑ Lexington Herald-Leader, "Judge puts expiration date on delay in issuing Rowan County marriage licenses: Aug. 31," August 19, 2015
- ↑ USA Today, "Federal appeals court denies relief to Kentucky county clerk who objects to gay marriage," August 26, 2015
- ↑ NPR, "Kentucky Clerk's Request For A Stay Is Denied By U.S. Supreme Court," August 31, 2015
- ↑ 57.0 57.1 U.S. News, "Kentucky Clerk Fighting Gay Marriage Has Wed Four Times," September 1, 2015
- ↑ davidvmoore1976 YouTube Channel, "Denied marriage license in Morehead, KY - Rowan County," July 7, 2015
- ↑ Photography is Not a Crime, "Kentucky Cops Called for Recording as Same-Sex Couple Denied Marriage License in County Building," July 8, 2015
- ↑ KTBS, "Red River Parish clerk of court to issue same-sex marriage licenses," July 1, 2015
- ↑ 61.0 61.1 The Times-Picayune, "Bobby Jindal administration will start issuing marriage licenses to same-sex couples in downtown New Orleans," July 2, 2015
- ↑ 62.0 62.1 The Times-Picayune, "Red River Parish clerk only one refusing to comply with gay marriage ruling, lawyer says," June 30, 2015
- ↑ 63.0 63.1 CBS News, "La., Miss. start issuing same-sex marriage licenses," June 28, 2015
- ↑ Bradenton Herald, "La. court clerks get OK to issue same-sex marriage licenses," June 29, 2015
- ↑ Equality Michigan, "County Clerks - Same-Sex Marriage Licenses," accessed June 30, 2015
- ↑ Midland Daily News, "Midland County court no longer performing marriages," July 1, 2015
- ↑ MLive, "No more marriages at Midland County court after Supreme Court ruling," July 1, 2015
- ↑ News Channel 3, "DeSoto County won’t issue same sex marriage licenses," June 29, 2015
- ↑ WMC Action News 5, "DeSoto County starts issuing same sex marriage licenses," June 30, 2015
- ↑ Twitter, "Southern Equality," July 7, 2015
- ↑ The Clarion-Ledger, "Lawmaker: State could stop marriage licenses altogether," June 26, 2015
- ↑ PROMO Missouri, "Mapping Missouri Counties Marriage Licenses Issuance," accessed July 8, 2015
- ↑ Waynesville Daily Guide, "Mo. moves swiftly to begin issuing same-sex marriage licenses," June 29, 2015
- ↑ Office of Missouri Governor Jay Nixon, "Executive Order 15-04," July 7, 2015
- ↑ Salem News, "COUNTY COMMISSION: Presiding commissioner says flag decision to be rescinded," July 15, 2015
- ↑ Kearney Hub, "Area county clerks waiting for information from state before issuing same-sex marriage licenses," June 30, 2015
- ↑ 77.0 77.1 Sioux City Journal.com, "After ruling, no same-sex marriage licenses issued in Siouxland," June 26, 2015
- ↑ Omaha.com, "'Everything we ever hoped for': Nebraska makes history with first gay weddings," June 26, 2015
- ↑ Ballotpedia, "Phone survey of North Dakota counties," July 2, 2015
- ↑ Ballotpedia, "Phone survey of North Dakota counties," July 6, 2015
- ↑ Ballotpedia, "Phone survey of North Dakota counties," July 7, 2015
- ↑ The Dickinson Press, "Stark County recorder to refrain from issuing same-sex marriage licenses," July 7, 2015
- ↑ South Dakota State News, "Divided United States Supreme Court Holds State Marriage Laws Prohibiting Same-sex Marriage Unconstitutional," June 26, 2015
- ↑ CNN, "Most states to abide by Supreme Court's same-sex marriage ruling, but ...," June 30, 2015
- ↑ 85.0 85.1 85.2 Argus Leader, "ACLU: Workers must issue gay marriage licenses," July 8, 2015
- ↑ Associated Press, "All Tennessee counties ready to issue gay marriage licenses," July 1, 2015
- ↑ WKRN, "Entire Tenn. county clerk’s office resigns over same-sex marriage licenses," July 2, 2015
- ↑ Huffington Post, "Tennessee County Names Interim Clerk After Predecessor Exits Over Gay Marriage," July 6, 2015
- ↑ The Tennessean, "Now, only four Tennessee counties not licensing gay marriages," June 30, 2015
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