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ACLU Seeking Immediate Resumption Of Marriage Licensing In Rowan County

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The constitutionality of same-sex marriage was decided by the Supreme Court in June, but the issue will be back before a Kentucky court Monday.

The American Civil Liberties Union is looking to force the Rowan County Clerk’s Office to begin issuing marriage licenses again. Clerk Kim Davis halted the process after the high court decision, citing deep religious convictions that she argues prevent her from complying.

ACLU cooperating attorney Dan Canon says his organization hopes to restart the licensing process there while the litigation continues.

"We've asked for immediate injunctive relief, so typically that gets decided pretty quickly. But there is no time limit on it so it involves a little too much crystal ball gazing for me to say it's going to be a week, two weeks," he tells WUKY. "[The judge] could rule from the bench on Monday. He could have us an opinion by the end of next week. He could have it in six months. We simply don't know."

Still, some critics contend that prosecuting county clerks could be complicated by language in the state’s Revised Statutes that has not been amended to reflect the Supreme Court decision – including a section that indicates that marriage licenses be issued in the county where the female resides, leaving the rules unclear for male same-sex couples.

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