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Title: Kentucky clerk still won't issue same-sex marriage licenses
Source: Associated Press
URL Source: http://hosted.ap.org/dynamic/storie ... AULT&CTIME=2015-09-01-08-52-48
Published: Sep 1, 2015
Author: Claire Valofaro
Post Date: 2015-09-01 10:04:38 by cranky
Keywords: None
Views: 28987
Comments: 339

A county clerk in Kentucky has again refused to issue marriage licenses to gay couples, invoking her religious beliefs and "God's authority" - this time in defiance of a U.S. Supreme Court ruling against her.

On Tuesday morning, Rowan County Clerk Kim Davis' office denied the licenses to at least two couples. At first, Davis was in her office with the door closed and blinds drawn. But she emerged a few minutes later, telling the couples and the activists gathered there that her office is continuing to deny the licenses "under God's authority."

The U.S. Supreme Court on Monday declined to intervene in the case, leaving Davis no legal grounds to refuse to grant the licenses. A district judge could now hold her in contempt of court, which can carry steep fines or jail time. As an elected official, Davis can't be fired.

Davis asked David Moore and David Ermold to leave her office after they were denied a license Tuesday morning - the couple's fourth rejection. They refused, surrounded by reporters and cameras.

"We're not leaving until we have a license," Ermold said.

"Then you're going to have a long day," Davis told him.

From the back of the room, Davis' supporters said: "Praise the Lord! ... Stand your ground."

Other activists shouted that Davis is a bigot and told her: "Do your job."

Davis has said her deeply held Christian beliefs don't let her endorse gay marriages.

She stopped issuing all marriage licenses in the days after the Supreme Court legalized gay marriage across the nation. Two gay couples and two straight couples sued her, arguing that she must fulfill her duties as an elected official despite her personal religious faith. A federal judge ordered her to issue the licenses, and an appeals court upheld that decision. Her lawyers with the Liberty Counsel filed a last-ditch appeal to the Supreme Court on Friday, asking that they grant her "asylum for her conscience."

Justice Elena Kagan, who oversees the 6th district, referred Davis' request to the full court, which denied the stay without comment.

After Tuesday's denials, the rejected couples' supporters called the American Civil Liberties Union, which filed the lawsuit on their behalf. They asked that the attorneys file that day to have Davis held in contempt.

Shortly after Davis' remarks in her office, the sheriff's office cleared the room and building of those gathered to support both sides of the issue.

The two groups lined up on the lawn, on either side of the courthouse entrance to chant at each other. Davis' supporters have told her to "stand firm," while gay-rights activists shouted "do your job."

Randy Smith, leading the group supporting Davis, said he knows following their instruction to "stand firm" might mean Davis goes to jail.

"But at the end of the day, we have to stand before God, which has higher authority than the Supreme Court," he said.

Ermold hugged Moore, his partner of 17 years, and they cried and swayed as they left the clerk's office. Davis' supporters marched by, chanting.

"I feel sad, I feel devastated," Ermold said. "I feel like I've been humiliated on such a national level, I can't even comprehend it." (1 image)

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Begin Trace Mode for Comment # 232.

#19. To: cranky (#0)

Pedophile propaganda deleted.

sneakypete  posted on  2015-09-01   14:53:18 ET  Reply   Untrace   Trace   Private Reply  


#23. To: sneakypete (#19)

SHE as a public employee hired to be an agent of the same government...

She is an elected official, so that may complicate things.

Fred Mertz  posted on  2015-09-01   15:01:28 ET  Reply   Untrace   Trace   Private Reply  


#47. To: Fred Mertz (#23)

She is an elected official, so that may complicate things.

Not really. Public officials have to swear an oath to obey the Constitution as well as the state and local laws.

If anything,an elected official is under a bigger burden to obey the law than a mere employee.

sneakypete  posted on  2015-09-01   22:10:03 ET  Reply   Untrace   Trace   Private Reply  


#69. To: sneakypete, All LFers (#47)

“The court cannot condone the willful disobedience of its lawfully issued order,” Judge Bunning said. “If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems.”

www.nytimes.com/2015/09/0...me-sex-marriage.html?_r=0

Breaking news...

Fred Mertz  posted on  2015-09-03   13:49:41 ET  Reply   Untrace   Trace   Private Reply  


#71. To: Fred Mertz (#69)

http://www.nytimes.com/2015/09/04/us/kim-davis-same-sex-marriage.html?_r=0

There was never any doubt that she would issue licenses, resign, or go to jail.

nolu chan  posted on  2015-09-03   13:58:34 ET  Reply   Untrace   Trace   Private Reply  


#72. To: nolu chan (#71)

How long will she spend in the Rowan County Hilton?

Fred Mertz  posted on  2015-09-03   13:59:55 ET  Reply   Untrace   Trace   Private Reply  


#73. To: Fred Mertz (#72)

How long will she spend in the Rowan County Hilton?

That's up to her.

nolu chan  posted on  2015-09-03   14:02:48 ET  Reply   Untrace   Trace   Private Reply  


#74. To: nolu chan (#73)

How much do they charge a night? From what I hear it is something like 20 or 30 bucks.

Will she still be on the payroll?

Just some down home financial interests in my mind.

I'm sure she could do some sort of gofundme endeavor and become a millionaire with all the funding from the fundies. Hey, I made a dilly.

Fred Mertz  posted on  2015-09-03   14:06:56 ET  Reply   Untrace   Trace   Private Reply  


#81. To: Fred Mertz (#74)

Will she still be on the payroll?

I think so. They can't fire here, she's elected. My impression is she has the support of the state and local government. If they had a sense of urgency, they could act to remove her from office.

She refused an agreement to be released if she would authorize subordinates to issue the licenses. It's the same moral question.

I admire her standing up for her beliefs, but have no illusion that the Federal government will just give up.

nolu chan  posted on  2015-09-03   18:27:29 ET  Reply   Untrace   Trace   Private Reply  


#102. To: nolu chan, Fred Mertz (#81)

I admire her standing up for her beliefs, but have no illusion that the Federal government will just give up.

A defiant county clerk went to jail Thursday for refusing to issue marriage licenses to gay couples, but five of her deputies agreed to issue the licenses themselves, potentially ending the church-state standoff in Rowan County, Kentucky.

"Speaking earlier from the bench, Bunning said it would set up a "slippery slope" to allow an individual's ideas to supersede the courts' authority.

"Her good faith belief is simply not a viable defense," Bunning said. "I myself have genuinely held religious beliefs ... but I took an oath."

"Mrs. Davis took an oath," he added. "Oaths mean things." Oaths mean things? Tell that to Obama. Tell that to COngress. Tell that to SCOTUS. Their oaths mean diddly squat. But the oath of a county clerk, well that's a matter of critical national consequence. As Stalin was oft heard saying "She must be punnnished."

SOSO  posted on  2015-09-03   21:11:54 ET  Reply   Untrace   Trace   Private Reply  


#105. To: SOSO (#102)

but five of her deputies agreed to issue the licenses themselves,

This was inevitable... there is always someone willing to shit on you, for personal gain.

Silly faggots, dicks are for chicks.

GrandIsland  posted on  2015-09-03   21:16:46 ET  Reply   Untrace   Trace   Private Reply  


#140. To: GrandIsland, SOSO (#105)

This was inevitable... there is always someone willing to shit on you, for personal gain.

Only Davis has the authority. The deputies cannot act unless Davis delegates to them the authority to do so. She refused. The only way to remove her is impeachment in the KY House and trial in the Senate.

nolu chan  posted on  2015-09-03   23:13:36 ET  Reply   Untrace   Trace   Private Reply  


#144. To: nolu chan (#140)

Only Davis has the authority. The deputies cannot act unless Davis delegates to them the authority to do so.

Doesn't that depend on the County's regulations and/or bylaws or equivalent?

SOSO  posted on  2015-09-03   23:19:55 ET  Reply   Untrace   Trace   Private Reply  


#147. To: SOSO (#144) (Edited)

Doesn't that depend on the County's regulations and/or bylaws or equivalent?

I believe only she holds the elected authority and she has refused an offer of release this afternoon conditioned upon her delegating her authority. Five deputies indicated they were agreeable to issuing licenses, the sixth declined (her daughter I believe).

http://www.usatoday.com/story/news/nation/2015/09/02/qa-ky-clerk-gay-marriage-license-case/71567812/

Q&A: Why hasn't Ky. clerk been fired in gay marriage license case?

Andrew Wolfson,
The (Louisville, Ky.) Courier-Journal
8:07 p.m. EDT September 2, 2015

[...]

Question: Why hasn’t Kim Davis been fired for refusing to issue marriage licenses and defying court orders?

Answer: She is an elected official and can only be removed from office for impeachment.

Q: How would she be impeached?

A: The Kentucky House of Representatives would have to charge her with an impeachable offense and the Senate would then try her.

Q: Is that likely?

A: The Kentucky Equality Federation, a gay rights group, has called for Gov. Steve Beshear to call a special session of the General Assembly to pursue impeachment. But Beshear, citing costs, has already declined to convene a special session to consider emergency legislation that would accommodate Davis and other clerks by having state government issue marriage licenses. Also, Bluegrass Polls show most Kentucky voters oppose gay marriage and support accommodating Davis. Beshear declined to comment Tuesday.

The above seems to confirm what I heard that the legislature was not in session and the governor has no current plans to recall them.

It appears to me that the KY government is "innocently" resisting the Federal government and is slow walking this. It may be a while.

nolu chan  posted on  2015-09-03   23:31:07 ET  Reply   Untrace   Trace   Private Reply  


#173. To: nolu chan (#147)

What prevents these gays from simply going to the next county and getting a license. Or, having a lawyer draw up an agreement where they will have inheritance rights, etc?

Stoner  posted on  2015-09-04   8:06:21 ET  Reply   Untrace   Trace   Private Reply  


#232. To: Stoner (#173)

What prevents these gays from simply going to the next county and getting a license. Or, having a lawyer draw up an agreement where they will have inheritance rights, etc?

The shortage of tv cameras and lawsuits.

sneakypete  posted on  2015-09-04   16:15:34 ET  Reply   Untrace   Trace   Private Reply  


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