I've been perusing Kentucky law on the subject for the past several minutes. A few things pop up:
> 402.240 County judge/executive to issue license in absence of clerk.
In the absence of the county clerk, or during a vacancy in the office, the county judge/executive may issue the license and, in so doing, he shall perform the duties and incur all the responsibilities of the clerk. ...
> 402.080 Marriage license required Who may issue.
No marriage shall be solemnized without a license therefor. The license shall be issued by the clerk of the county in which the female resides at the time, unless the female is eighteen (18) years of age or over or a widow, and the license is issued on her application in person or by writing signed by her, in which case it may be issued by any county clerk.
Point 1: There is no provision in State Law for a deputy clerk to issue licenses. Also: it's a "may issue" clause - not a "shall issue". Same language exists on the title of 402.080 with regard to clerks.
Point 2: Only lesbian couples can legally satisfy the requirements of the application form (requiring a female in residence of the state/county)... never mind the other state-defined prohibitions to marriage among same-sex couples, of course.
I read that a judge offered to issue the license, but the sodomites insisted that Davis be forced to do it.
This also is the law in Kentucky
Ky. Rev. Stat. 402.020(1)(d) Marriage between members of the same sex is prohibited and void
http://www.lrc.ky.gov/statutes/statute.aspx?id=36466