i) COMMONWEALTH OF KENTUCKY Keith McCormick ect Watkins OFFICE OF THE COUNTY ATTORNEY psigun es Cortney Rowan County Attorney Morehead, Kentucky 40351 s 7 Telephone: (606) 784-4640 teve Geurin Fax: (606) 780-4824 Assistant Rowan County Attorney September 17, 2015 Jason Leopold 589 Venice Blvd. Venice, CA 90291 Dear Mr. Leopold, Thank you for your letter dated September 14" making ‘a Kentucky Open Records Act’ request, You have requested 1. “Any and all emails sent and received by Kentucky County Clerk Kim Davis from January, 2015, through the date the search for responsive records is conducted”. (presumptively todays date). 2. The same as 1 above specifically mentioning, referring or related to “gay marriage and supreme court”, “marriage”, “gay”, “lesbian”, “same sex marriage’, “civil unions”, “marriage license and gay”, “religious freedom’, supreme court and gay couples”, “the Bible”, “Donald Trump”, Barack ‘Obama’, “Mike Huckabee”, “ted Cruz” and “Jeb Bush”. 3. “Any and all legal guidance, should any exist, governing kim Davis's decision not to issue marriage licenses to gay couples.” “I request any and all letters, memos, emails, directives sent to Kentucky County Clerk Kim Davis that mentions or refers to her decision not to issue marriage licenses to gay couples in Kentucky” 4, “Any and all letters and emails the Kentucky County Clerk's office received from members of the general public, representatives of the Kentucky State Legislature and any federal and local governmental official mentioning or referring to Kim Davis’ decision not to issue marriage licenses to gay couples’. As relates to your request in item One (1.) above we are unable to comply due your request being burdensome. There are thousands and thousands of e-mails sent here during the recent controversy. At ‘one point as many as 3,000 a day were received. Approximately 6000 remain un-opened, none have been sorted. On item Two (2.) we are unable to search the body of the emails for content by topic on our government email system, and cannot comply. Ms. Davis confirms that as far as she recalls she has neither emailed or received email from any of the parties you have named,In response to Paragraph item Three (3), a request about “legal guidance”, Ms. Davis has private counsel not reachable by the Kentucky Open Records Act. She did receive the attached letter of June 26, 2015 from Kentucky Governor Steven Breshear, in reference to the Obergefell decision, Answering item 4 as to all correspondence, there are approximately 10,000 letters to Ms.Davis received by her while in jail in Carter County. As they were not received here in Rowan County nor or at the Rowan County Courthouse they are her personal property. Rowan has additional boxes of mail with hundreds or thousands of items that remain unopened and for which no safe method of opening or disposal, rendering your bulk request for public mail one too burdensome to fill. Correspondence of a routine nature is available for inspection at the Rowan County Clerk’s Office at 600 West Main Street, Morehead ky., during regular business hours 8:00 a.m. to 4:30 p.m. Find attached three emails by Ms. Davis requesting assistance in these matters and three responses. Please also find enclosed a copy of KRS 61.880 and the Attorney Generals periodical ‘Protecting your right to know: The Kentucky Open Records and Open Meetings Act” which outline your rights to appeal our response. lf you have any questions whatsoever, please do not hesitate to call Yad mewn Count Attorney si c Ce: Kim Davis Rowan County Clerk EnclosureISSUANCE OF SAME SEX MARRIAGE, SE Page 1 of 2 RE: ISSUANCE OF SAME SEX MARRIAGE LICENSE Robinson, Albert (State Sen.) (LRC) [Albert.Robinson@LRC.KY.GOV] Sent: Friday, February 20, 2015 11:31 AM To: Davis, Kimberly (Rowan County Clerk) Kimberly, Senator Robinson is in agreement with your position. He said for you to contact Dean Johnson, Laurel County Clerk regarding this matter, Joann Schrader Secretary to Senator Robinson Original Message-—-— From: KIMBERLYB,DAVIS@KY.GOY [uailto: KIMBERLY B.DAVIS@KY.GOY] Sent: Tuesday, January 20, 2015 8:29 AM To: Robinson, Albert (State Sen.) (LR) Subject: ISSUANCE OF SAME SEX MARRIAGE LICENSE. Title: ROWAN COUNTY CLERK FirstName: KIM Last_Name: DAVIS Street: 600 W MAIN S ROOM 102 City: MOREHEAD State: KY Zip 40351 Phone: 6067845212 Emails KIMBERLYB.DAVIS@XY.GOV Subject ISSUANCE OF SAME SEX MARRIAGE LICENSE Message: DEAR SENATOR ROBERTSON, 1AM CONTACTING YOU IN HOPE OF SUPPORT OF POSSIBLE LEGISLATION THAT WOULD GIVE COUNTY CLERKS THE OPTION TO EXEMPT THEMSELVES FROM [SSUING MARRIAGE LICENSE, NOT ONLY TO SAME SEX COUPLES BUT TO ALL PARTIES, AS TO NOT DISCRIMINATE ANYONE. THE LRC HAS DETERMINED IN “THE DUTIES OF THE COUNTY CLERK", THE CLERK MAY BE EXEMPTED FROM SELLING OTHER LICENSES, IE, FISHING AND HUNTING LICENSE BY APPLYING WITH WRITTEN NOTICE TO THAT DEPARTMENT, I WAS WANTING TO HAVE THE OPTION, AS A PERSON WHO HAS DEEP MORAL CONVICTIONS, TO CHOOSE NOT TO DISCRIMINATE ANY PARTY, BY APPLYING FOR AN EXEMPTION FOR THE ISSUANCE OF MARRIAGE LICENSE. ASA CONSTITUTIONAL OFFICER, ELECTED BY THE PEOPLE, | PERSONALLY FEEL THE COMMONWEALTH'S CONSTITUTION SHOULD BE UPHELD. IN 2004, BY AN OVERWHELMING VOTE OF 3 TO LIN FAVOR OF DEFINING MARRIAGE AS A UNION BETWEEN ONE MAN AND ONE WOMAN, SHOULD BE UPHELD, THIS SHOULD BE AN ELECTORAL ISSUE, NOT JUDICIAL. 1 CAN NOT ASK MY DEPUTIES TO ISSUE OR BE A PARTY TO "THE IMPLEMENTATION OF A CONTENIOUS SOCI FLORIDA CLERK WITH SAME VIEWS) IF I MYSELF WOULD NOT, I KNOW THE DEADLINE IS CLOSE FOR PRESENTATION OF BILLS ON THE FLOOR, BUT IN LIGHT OF THE SUPREME COURTS DECISION TO LOOK AT THIS ISSUE IN APRIL, I FEEL IT IMPARITIVE THAT WE BE https://webmail.ky.gov/owa/?ae=Item&t=IPM Note&id-RZAAAACK%2bmtd6AGWIpN..._ 9/17/2015RE: ISSUANCE OF SAME SEX MARRIAGE LICENSE Page 2 of 2 READY TO STAND WITH OUR UNCOMPROMISING CONVICTIONS, HOLDING STRONG TO OUR MORALS, 1 BESEECH YOU TO GIVE THOUGHTFUL CONSIDERATION TO THIS MATTER AS IT IS OF VITAL IMPORTANTANCE, NOT ONLY TO MB, AS A NEW CLERK, BUT TO THE CLERK'S ASSOCIATION, WHO HAS FORMED A COMMITTEE TO ADDRESS THIS ISSUE, IP Address: 10.65.103.95 Server Date & Time: 1/20/2015 8:28:31 AM Official Message from LRCWebMail hups://webmail.ky.gov/owa/?ae=Item&t PM.Noteé&tid-ReAAAACK%2bmtd6AGWTpN... 9/17/2015KCCA marriage licence issue KCCA marriage licence issue Davis, Kimberly (Rowan County Clerk) Sent: Friday, January 23,2015 2:31 PM : fulan carrliregov Dav, Kimbery (Ravan County Clerk) ce Attachments: Commitie%20Letter{1].docx (14 KB) Honorable Senator, Page 1 of 1 Please find attached a letter of vital importance regarding the Kentucky County Clerk's Association and an upcoming Supreme Court decision. I pray you will be able to help us concerning the Issue at hand. ‘Your prompt and thoughtful consideration is greatly appreciated. Respectfully, Kim Davis Rowan County Clerk hitps://webmail.ky. gov/owa/ae=Item&t=IPM Note&sid=RgAAAACK%2bmtd6AGwIPpN... 9/17/2015Honorable Legislator, lam contacting you in hope of support of possible legislation that would give County Clerks the option to exempt themselves from issuing marriage license, not only to same sex couples but to all parties, as to not discriminate anyone. The LRC has determined in “the duties of the County Clerk”, the Clerk may be exempted from selling other licenses, i.e....fishing and hunting license by applying with written notice to that department. | would like to have the option, as a person who has deep moral conviction, to choose not to discriminate any party, by allowing a Clerk to apply for an exemption for the issuance of marriage licenses As a constitutional officer, elected by the people | personally feel the Commonwealth’s Constitution should be upheld. The amendment voted on in 2004, by an overwhelming vote of 3 to 1 in favor, of defining marriage as a union between one man and one woman (Kentucky Constitution Section 233A), should be upheld. This should be an electoral issue not judicial. | cannot ask my deputies to issue or be a party to “the implementation of a contentious societal philosophy change” (per Florida Clerk with the same view) if | myself would not. I know the deadline is close for the presentation of bills on the floor, but in light of the Supreme Court's decision to look at the issue in April, | feel it is imperative that we be ready to stand with our uncompromising convictions, holding strong to our morals and beliefs. | beseech you to give thoughtful consideration to this matter, as it is of vital importance, not only to me, as a new Clerk, but to the Kentucky County Clerk’s Association who has formed a formal committee to address this issue. Respectfully, Kim Davis, Clerk Rowan County, Kentucky‘A marriage license issue Page 1 of I KCCA marriage license issue Davis, Kimberly (Rowan County Clerk) Sent: Friday, January 23, 2015 3:51 PM To! Bratcher, Kevin (State Rep.) (LRC); Brown, George (State Rep.) (LRC); Bunch, Regina (State Rep.) (LRC) ‘Attachments: Commitie%20Letter{1].doos (14 KB) Honorable Representative, Please find attached a letter of vital importance regarding the Kentucky County Clerk's Association and an upcoming Supreme Court decision. I pray you will be able to help us concerning the issue at hand. Your prompt and thoughtful consideration is greatly appreciated. Respectfully, Kim Davis Rowan County Clerk https://webmail ky.gov/owa/?ae=Item&t=IPM.Note&id-REAAAACK%2bmtd6AGWIPN... 9/17/2015Honorable Legislator, 1am contacting you in hope of support of possible legislation that would give County Clerks the option to exempt themselves from issuing marriage license, not only to same sex couples but to all parties, as to not discriminate anyone. The LRC has determined in “the duties of the County Clerk”, the Clerk may be exempted from selling other licenses, i.e....fishing and hunting license by applying with written notice to that department. | would like to have the option, as a person who has deep moral conviction, to choose not to discriminate any party, by allowing a Clerk to apply for an exemption for the issuance of marriage licenses As a constitutional officer, elected by the people | personally feel the Commonwealth's Constitution should be upheld. The amendment voted on in 2004, by an overwhelming vote of 3 to 1 in favor, of defining marriage as a union between one man and one woman (Kentucky Constitution Section 233A), should be upheld. This should be an electoral issue not judicial. | cannot ask my deputies to issue or be a party to “the implementation of a contentious societal philosophy change” (per Florida Clerk with the same view) if | myself would not. | know the deadline is close for the presentation of bills on the floor, but in light of the Supreme Court's decision to look at the issue in April, | feel it is imperative that we be ready to stand with our uncompromising convictions, holding strong to our morals and beliefs. I beseech you to give thoughtful consideration to this matter, as it is of vital importance, not only to me, as a new Clerk, but to the Kentucky County Clerk's Association who has formed a formal committee to address this issue. Respectfully, Kim Davis, Clerk Rowan County, KentuckyKCCA marriage license issue Page | of 1 KCCA marriage license issue Davis, Kimberly (Rowan County Clerk) Sent: Friday, January 23, 2035 4:25 Pm to. Burch Tom (Sate Rep.) (URC); Camey, John (State Rep.) (LRC); Care, Lamy (State Rep.) (ARC); Combs, ese (State Rep.) (URC); Crmm, Ron (State Rep) (URC), [ja51@twccom); DeWeese, 800 (State Rep.) (URC); Deas, Myron {State Rep} (URC); Recher, Joe (State Rep) ARG) [ely fold@lreky. govt; Glen, Jen (Stake Rep.) (LRC); Gooch, Sim (State Rep.) (URC), [chard neatherircly gol; Hover, ef (State Rep.) (LN); Horlander, Denn (State Rep) {LRC); , [chuster.howard@lrc.ky.gov]; , [joni.jendins@irc. ky.gov); Jenkins, Joni (State Rep.) (LRC); Kerr, Thomas {State Rep.) (LRC); King, Kim (State Rep.) (LRC); King, Martha Jane (State Rep.) (LRC); Koenig, Adam (State Rep.) {URC), Mardion, Mary Lou (State Rep.) LAC), MeKee, Fam (State Rep.) (LRC); Ml, Temy (State Rep.) (LRC); Moore, Sim (tate Rep) (URC); Nelson, Rick (State Rep) (LRC);, Osborne, David (State Rep) (URC); Overly, Sanne (State Rep) (URC); Paka, Rath Ann (State Rep) (URC); Rader, Mare (State Rep) (ARC); Rand, Ree (Slate Rep) (URC): Richares, Jody (State Rep) (URC); Rine, Tom (State Rep.) (ARC); Santoro, Sl (State Rep.) (URC); Simpson, Arno {State Rep) (URC) Stewart Jim (State Rep) (LRG), Thompson, Tommy (State Rep) (LR); Tey, John (Sate Rep.) {LRC); Yonts, Brent (State Rep.) (LRC); York, Jill (State Rep.) (LRC); Westrom, Susan (State Rep.) (LRC); Watkins, David (State Rep} (LRO) ler, Chak (State Rep) ((RC) Importance: ish ‘Attachments: Commitien20Letter{]. docx (14 KB) Honorable Representative, Please find attached a letter of vital importance regarding the Kentucky County Clerk's Association and an. upcoming Supreme Court decision. I pray you will be able to help us concerning the issue at hand. ‘Your prompt and thoughtful consideration is greatly appreciated. Respectfully, kim Davis Rowan County Clerk https://webmail ky. gov/owa/?ae=Item&t=IPM. Noteécid=REAAAACK%2bmtd6AGWTPN... 9/17/2015Honorable Legislator, | am contacting you in hope of support of possible legislation that would give County Clerks the option to exempt themselves from issuing marriage license, not only to same sex couples but to all parties, as to not discriminate anyone. The LRC has determined in “the duties of the County Clerk”, the Clerk fishing and hunting license by applying with written notice to that department. | would like to have the option, may be exempted from selling other licenses, i asa person who has deep moral conviction, to choose not to discriminate any party, by allowing a Clerk to apply for an exemption for the issuance of marriage licenses. As a constitutional officer, elected by the people | personally feel the Commonwealth’s Constitution should be upheld. The amendment voted on in 2004, by an overwhelming vote of 3 to 1 in favor, of defining marriage as a union between one man and one woman (Kentucky Constitution Section 233A), should be upheld. This should be an electoral issue not judicial. | cannot ask my deputies to issue or be a party to “the implementation of a contentious societal philosophy change” (per Florida Clerk with the same view) if | myself would not. | know the deadline is close for the presentation of bills on the floor, but in light of the Supreme Court's decision to look at the issue in April, | feel it is imperative that we be ready to stand with our uncompromising convictions, holding strong to our morals and beliefs. | beseech you to give thoughtful consideration to this matter, as itis of vital importance, not only to me, as a new Clerk, but to the Kentucky County Clerk’s Association who has formed a formal committee to address this issue. Respectfully, Kim Davis, Clerk Rowan County, KentuckyMarriage Licenses Page 1 of | Marriage Licenses Embry, CB (State Sen.) (LRC) [cb.embry@Irc.ky.gov] ‘Sent: Thursday, Septemiver 03, 2015 10:07 AM To: Davis, Kimberly (Rowen County Clerk) | strongly favor putting off court action on this issue until the Kentucky General Assembly can meet in January and del with the issue of marriage licenses. State Sen. C. 8. Embry, r. https://webmail.ky.gov/owa/?a i-REAAAACK%2bmtdGAGWTpN... 9/15/2015September 2,2015 To Whom it may Concern; | am asking that you that the Stay be extended so that | and my fellow colleagues can settle this issue in January so that both sides can have what they want. That is the America way and right now Kim Davis is not receiving that fairness. | have personally heard Speaker Stumbo and Senate President Stivers say that this issue could easily be fixed in either a 5 day special session or early January when session convenes Respectfully Rep Richard Heath District 2Letter from Rep. Richard Heath Page 1 of 1 Letter from Rep. Richard Heath Richard Heath [heathcampaign@gmail.com] Se Wednesday, Sentember 02,2013 11:18 PM os Daw, Krmbery (Rowan County Cts) ‘Attachment: Letter for Kim Davis Stay 00 (10 KB) BAAAACK%2bmtd6AGWIPN... 9/17/2015 |ttps://webmail.ky gov/owa/?ae=Item&t=IPM NotedCounty Clerk issue Page | of | County Clerk issue Moore, Tim (State Rep.) (LRC) [tim.moore@LRC.KY.GOV] Sent: Wiecresdoy, September 02, 2015 16:47 PM To: Davis, Kimberly (Rowan County Clerk) Ms. Davis ~ | am saddened beyond words at the ordeal you have been subjected to over the past several weeks. Had Governor Beshear simply changed the marriage license form to eliminate the requirement for County Clerks such as yourself to sign, all of this impasse would have been avoided. But, instead of pursuing the “least restrictive burden” on your Constitutionally-protected Religious liberty, he has chosen to ostracize you for your faith-based opposition to the new Supreme Court mandate. Many in the Legislature are eager to address this matter. We had hoped to be able to do it immediately since the Governor seems unwilling to accommodate those whose faith trumps all other considerations. | am quite confident that if this Governor does not act, the Legislature will make adjustments in the statutes as quickly as possible when our 2016 Session begins in January. Hopefully, Judge Bunning will see the wisdom in extending the stay in your case until the Legislature is able to act. | appreciate your continuing determination to do your job while honoring your Christian faith. Our nation should never condemn you for demonstrating that level of moral fortitude and commitment. Respectfully — Tim Moore Kentucky State Representative, 18"” District https:// webmail ky. gov/owa/?ae=Item&t=IPM Note&id-RgAAAACK%2bmtdGAGWTPN... 9/15/2015OrFice OF THE GOVERNOR june 26, 2015, Dear Kentucky County Clerks: Today, the United States Supreme Court Issued Its decision regarding the constitutionality of states’ bans on same-sex marriage. The Court struck down those laws, finding that they were invalid under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, As elected officials, each of us has taken an oath to uphold the Constitution of the United States and the Constitution of Kentucky. The Obergefell decision makes plain that the Constitution requires that Kentucky - and all states - must license and recognize the martlages of same-sex couples. Neither your oath nor the Supreme Court dictates what you must believe, But as elected officials, they do prescribe how we must act. Effective today, Kentucky will recognize as valid all same sex marriages performed in other states and in Kentucky. In accordance with my instruction, all executive branch agencies are already working to make any operational changes that will be necessary to Implement the Supreme Court decision. Now that same-sex couples are entitled to the Issuance of a marriage license, the Department of Libraries and Archives will be sending a gender-neutral form to you today, along with instructions for its use. You should consult with your county attorney on any particular aspects related to the implementation of the Supreme Court’s decision. While there are certainly strongly held views on both sides of this issue, I know that Kentuckians are law-abiding people and will respect the rule of law. After all, the things that unite us as a people are much stronger than the things that divide us ‘Thank you in advance for the valuable services you continue to render to the people of the Commonwealth. Sincerely, fo BRu. Steven L. Beshear oan KentucK wiFeD