The ACLU is "concerned about the validity" of those "marriage licenses"? Isn't that what Kim Davis herself pointed out? My guesses:
* The ACLU hopes this will lead to Kim Davis being put in jail until she either knuckles under or is replaced in the next election;
* The judge knew damn well the licenses would not be valid, but wanted to end the sympathetic publicity Kim Davis was getting in some circles, and figured that enough of these "marriage licenses" were issued, no one would dare challenge them, because of the negative publicity that would entail and the chaos would ensue.
And, yeah, that lesbian "happy couple" could use a few years on the treadmill or elliptical. Assuming their knees could handle the strain.