A deputy clerk for Kim Davis, the county clerk of Rowan County, has expressed concerned regarding the validity of the marriage licenses he has been issuing, according to his attorney.
Deputy Clerk Brian Mason began issuing marriage forms while Davis served jail time earlier this month for refusing to comply with a federal judge’s orders to issue marriage licenses.
When Davis was released from jail on September 8th, U.S. District Judge David Bunning warned Davis not to interfere with deputies issuing marriage licenses.
When Davis returned to work, she altered the licenses to remove her name, causing Mason to question their validity. The new forms require Mason’s initials instead of his signature, having him sign the licenses as a notary public instead of as a deputy clerk, according to Mason’s attorney.
"Mr. Mason's concern is he does not want to be the party that is issuing invalid marriage licenses and he is trying to follow the court's mandate as well as his superior ordering him to issue only these changed forms,” Mason’s attorney, Richard Hughes, wrote in the filing on Friday.
The altered licenses have not been challenged of their legality in court, and both State Governor Steve Beshear and Attorney General Jack Conway have stated that the licenses are and will continue to be recognized as valid by the state, according to Reuters.
"Kim Davis did not interfere with the Deputy Clerk's issuance of the licenses and in fact licenses have been issued. The licenses were not altered to circumvent the court's order nor did Kim Davis circumvent the order,” said Davis’ lawyer, Mat Staver, in a statement.
