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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: 36004
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 # 112.

#1. To: cranky, *Religious History and Issues* (#0)

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

Wonder if these same activists know that doctors cannot be forced into giving sex change operations or even performing abortions and prescribing birth control pills.

If I remember correctly, county clerks do more than issue marriage licenses.

I also know this gay couple could go to another county and get a license.

So why push someone to do something against their convictions?

redleghunter  posted on  2015-09-01   10:33:43 ET  Reply   Untrace   Trace   Private Reply  


#2. To: redleghunter (#1) (Edited)

I also know this gay couple could go to another county and get a license.

So why push someone to do something against their convictions?

They are doing it on principle, and they will certainly win too.

The woman is a public official America is a secular, pagan state, with secular pagan laws, one of which is the legality of slaughtering babies in the womb, and another of which is the constitutional requirement to treat gay couples the same as any normal couple when it comes to marriage.

She is an agent of the state. She serves Caesar and takes Caesar's coin. Therefore, she must obey Caesar. If he conscience does not allow her to serve Caesar because of what Caesar demands of her, then she must stop taking Caesar's coin. She must resign her post and leave it.

Before the issue was litigated before the Supreme Court, it was an open question, but now Caesar has spoken, very clearly. You cannot serve both God and Caesar on the matter of gay marriage. If you try to, you are breaking the laws of Caesar, and you will be punished by Caesar.

Of course, Christians do not need to get married by the state at all to be married in the eyes of God. The state's license and sanction mean nothing, at all, in the court of God. Did a man and a woman consecrate themselves to the other before God, consummate the union, and keep to each other having no others? Then they are married. The state has all sorts of contracts and the laws that govern the relationship in its pagan ways, but Christians are not required by God to go through any licensing or formal ceremony to be married.

You cannot serve both God and money, and you cannot serve both God and the American government either. There was a time when you could, sort of, but that time has passed. You cannot do so anymore, in the capacity of clerk.

The proper answer is for her, and everybody else, to understand that state- sanctioned marriage is not marriage. Marriage is a spiritual union before God, a covenant that God consecrates. The state was permitted to come to that table, but the state has attempted to take over that table. In fact, neither the state NOR the Church is required to consecrate a covenant of marriage before God. All that is required is God and the two individuals who are marrying, and their following God's law of marriage. There is no marriage license requirement in God's law, and there is no requirement of a minister or a church service either. To the extent that the laws of men - both governmental and church - have become so oppressive as to try to cancel out the spiritual essence of marriage, those who follow God need to stop submitting to the laws of men - whether governmental OR ECCLESIAL - and marry before God. No witnesses are required either: that is a Christian and Jewish tradition only, not a commandment.

That's the truth. Christians used to control American government. Trouble is, the Christians behaved very evilly - engaging in slavery, and in warfare, and in oppressive economic practices, all in violation of God's law. The Hypocritical Christian was (and is) the American standard, and hypocrisy utterly discredits the organized faith in the eyes of everybody. Those OUTSIDE the faith treat it as the joke that it IS, when it is hypocritical. And those WITHIN the faith make a public display but do as they please in public. Speak for Christ, actually QUOTE the law, chapter and verse, and Hypocritical Christians will scream at you. They will not be silent, repent and follow God.

And so the Christian edifice rotted and lost power. Now, there is grasping at straws, trying to straddle an absurdity.

Here's the truth: if a man and a woman who are virgins consecrate themselves to each other before God, in private, with nobody else present, and consummate the marriage sexually, and keep God's law, THEY ARE MARRIED. The Church says they are not, but God never ever gave the Church any authority to determine what a marriage is: THAT is established by God's law, not by human tradition. And the STATE has NOTHING TO SAY ABOUT IT.

The proper thing for Christians to do today is to "shack up", in the eyes of the law and in the eyes of their churches, for life. No Church will marry people without a marriage license, but what the state gives is not a license to marry, for the state has no power to limit real marriage. Christians should ignore the state completely and get no marriage licenses. And that means that their Churches will not marry them, which is fine, because the Church marriage is nothing but a party and a ceremony. Christians should shack up for life and be faithful, wear rings and call themselves married, because THEY ARE.

Play the game of licenses and churches, and you submit to Satan.

And given this, the woman can keep her job, give out these fake licenses to anybody, but must herself hew to what "marriage" actually is - and it requires neither license nor ceremony.

If she wants to immolate herself as a martyr, she can. The problem is that she is martyring herself for the principle that what the state offers is "marriage", and it is not. The state has no power to offer marriage. Marriage is a covenant between three: two people and God. Nobody else's permission is required, and nobody has to be present, or told about it, for it to exist.

Vicomte13  posted on  2015-09-01   11:39:11 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Vicomte13 (#2)

She is an agent of the state. She serves Caesar and takes Caesar's coin. Therefore, she must obey Caesar.

She is not an employee of the state. She is an elected official which to me is key. She is responsible for duties on the authority derived directly from the people of her voting district (county) and it seems to me that any judge that would jail her would violate the separation of powers, undermining the will of the majority of county voters. The county voters are her "Ceasar", not any judge.

She is committing no crime. If the county voters think she is doing poorly, they can vote her out of office in the next election. That's the "remedy", if one is needed.

Pinguinite  posted on  2015-09-01   12:43:05 ET  Reply   Untrace   Trace   Private Reply  


#7. To: Pinguinite, Y'ALL (#4)

She is an agent of the state. She serves Caesar and takes Caesar's coin. Therefore, she must obey Caesar.

We rejected such fascistic reasoning at Nuremburg..

She is not an employee of the state. She is an elected official which to me is key. She is responsible for duties on the authority derived directly from the people of her voting district (county) and it seems to me that any judge that would jail her would violate the separation of powers, undermining the will of the majority of county voters. The county voters are her "Ceasar", not any judge. --- She is committing no crime. If the county voters think she is doing poorly, they can vote her out of office in the next election. That's the "remedy", if one is needed. --- Pinguinite.

Well put, and absolutely true.

Vicomte -- she will be haled into court and fined or jailed from contempt, suspended from her job and ultimately released for it.

She could be 'impeached', I'd guess, but that would raise questions on the constitutionality of an impeachment over religious beliefs, that I doubt the courts would want to face.

tpaine  posted on  2015-09-01   13:21:48 ET  Reply   Untrace   Trace   Private Reply  


#85. To: Pinguinite, Vicomte, nolu chan, Y'ALL (#7)

Pinguinite --- She is not an employee of the state. She is an elected official which to me is key. She is responsible for duties on the authority derived directly from the people of her voting district (county) and it seems to me that any judge that would jail her would violate the separation of powers, undermining the will of the majority of county voters. The county voters are her "Ceasar", not any judge. --- She is committing no crime.

Well put, and absolutely true.

Vicomte -- she will be haled into court and fined or jailed from contempt, suspended from her job and ultimately released for it.

I saw this reply on another site. What is her crime? :----

Perhaps you can explain what federal law is being defied? I am unaware of any federal law in regards to marriage licenses since DOMA was struck down by SCOTUS.

Perhaps you can also explain what law SCOTUS has enacted in regards to marriage licenses that is being defied. I was unaware that SCOTUS could enact Federal or State legislation as I understand that it is not part of their Constitutional authority.

tpaine  posted on  2015-09-03   19:39:46 ET  Reply   Untrace   Trace   Private Reply  


#86. To: tpaine (#85)

Perhaps you can explain what federal law is being defied? I am unaware of any federal law in regards to marriage licenses since DOMA was struck down by SCOTUS. Perhaps you can also explain what law SCOTUS has enacted in regards to marriage licenses that is being defied. I was unaware that SCOTUS could enact Federal or State legislation as I understand that it is not part of their Constitutional authority.

Very good point

Dead Culture Watch  posted on  2015-09-03   19:40:56 ET  Reply   Untrace   Trace   Private Reply  


#88. To: Dead Culture Watch, Y'ALL (#86)

Very good point

A point that her attorneys should be raising with higher courts.

It's counterintuitive to our basic principles that when a constitutional issue is being raised, that a judge can jail the opposition for contempt..

tpaine  posted on  2015-09-03   19:49:05 ET  Reply   Untrace   Trace   Private Reply  


#93. To: tpaine (#88)

A point that her attorneys should be raising with higher courts.

It's counterintuitive to our basic principles that when a constitutional issue is being raised, that a judge can jail the opposition for contempt..

The did. The Supreme Court declined to hear the case.

Vicomte13  posted on  2015-09-03   20:34:17 ET  Reply   Untrace   Trace   Private Reply  


#98. To: Vicomte13 (#93)

Perhaps you can explain what federal law is being defied?

I am unaware of any federal law in regards to marriage licenses since DOMA was struck down by SCOTUS.

Perhaps you can also explain what law SCOTUS has enacted in regards to marriage licenses that is being defied. I was unaware that SCOTUS could enact Federal or State legislation as I understand that it is not part of their Constitutional authority.

A point that her attorneys should be raising with higher courts.

It's counterintuitive to our basic principles that when a constitutional issue is being raised, that a judge can jail the opposition for contempt..

The did. The Supreme Court declined to hear the case.

We know that. Why do you support that arguably cowardly act?

And, why do you support the alleged power of a judge to jail opponents for 'civil contempt' -- without a trial?

tpaine  posted on  2015-09-03   20:44:54 ET  Reply   Untrace   Trace   Private Reply  


#112. To: tpaine (#98)

Why do you support that arguably cowardly act?

Support it? I think the whole circus is irrelevant.

Truth is, marriage is defined by God as being between a man and a woman deciding to couple for life, and then having sex. No minister, No license. No state OR church involvement. A marriage is created when a man and a woman decide their married and have sex. That's a marriage before God. God holds them to it: if they divorce and have sex with others, they are adulterers, and God throws them into hell at final judgment.

So, marriage is perilous stuff. But the state ande the Churches have nothing to do with it.

BECAUSE the Churches usurped power in this area millennua ago, the state then had purchase for its bogus "license"..

The proper way out of all of this nonsense is for Christians to knock off the charade of needing either a marriage license OR a church ceremony. The clergy won't marry anybody without the state's license, because that's "against the law" and they don't want to lose their tax exempt status. All a bunch of moral compromise over a non-existent requirement.

Christians need to simply avoid all of that, shack up for life, be married and act that way, and that is that. Let the gays go get the piece of paper.

Vicomte13  posted on  2015-09-03   21:35:21 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 112.

#114. To: Vicomte13 (#112)

It's counterintuitive to our basic principles that when a constitutional issue is being raised, that a judge can jail the opposition for contempt..

The did. The Supreme Court declined to hear the case.

We know that. Why do you support that arguably cowardly act?

And, why do you support the alleged power of a judge to jail opponents for 'civil contempt' -- without a trial ?

Support it? I think the whole circus is irrelevant.

Then why did you answer in support of the Supremes? You're not being truthful, old boy.. Why is that ?

tpaine  posted on  2015-09-03 21:47:54 ET  Reply   Untrace   Trace   Private Reply  


#121. To: Vicomte13 (#112)

The clergy won't marry anybody without the state's license, because that's "against the law" and they don't want to lose their tax exempt status.

The clergy can conduct a marriage ceremony for anyone. However, when they do so without a state license being issued to the couple that ceremony has no weight with the state. Just as some states recognize a marriage without any solemnozation ceremony.

Colorado statutes allows couples to self solemnize, or perform their own marriage do, no marriage ceremony needs to be performed in order to be officially married.

"{A} marriage may be solemnized by a judge of a court, a retired judge, a court magistrate, a public official whose powers include solemnization of marriages, a Native-American tribe official, clergy, or you and your intended spouse. Clergy from out-of-state do not need to be registered in Colorado".

Of course, the church will not recognize a state licensed and a state or self performed marriage ceremony as a marriage within its faith.

Either way, from the state's point of view a church ceremony is vitually meaningless. Those that get their panties in a bunch over gay marriage should understand this. The only significance of a church performed ceremony is to those within the church community. A church perfomed ceremony adds nothing to the civil issued license and recognition of the marriage. ALL state recognized marriages are civil unions, nothing more, nothing less. The state does not recognize any religious, spiritual or sacramental aspects of a church marriage ceremony - all marriages are equal.

The church should get out of the business of marriage and into to the business of holy union (preferably with the issue of a state license for the civil union of marriage to assure state recognition of the marriage of the couple). The church then will have no problem in dealing with a state sanctioned civil unions. And no-one can force the church to perform/sanction holy unions to non- members of the church or those that are not members in good standing with the church. It is of no business of the state if a church wishes to grant holy union status to a gay couple or not, polygamists or not, brother and sister, brother and brother, sister and sister, mother and son, etc.

"Christians need to simply avoid all of that, shack up for life, be married and act that way, and that is that."

Not likely as most states impose/recognize common law marriage. So in the end it still becomes a civil union.

SOSO  posted on  2015-09-03 22:08:36 ET  Reply   Untrace   Trace   Private Reply  


#145. To: Vicomte13 (#112)

Truth is, marriage is defined by God as being between a man and a woman deciding to couple for life, and then having sex.

http://supreme.justia.com/us/149/304/case.html

In Nix v. Hedden, U.S. 304 (1893), SCOTUS ruled, "Tomatoes are 'vegetables,' and not 'fruit,' within the meaning of the Tariff Act of March 3, 1883, c. 121."

The laws of nature do not apply to SCOTUS.

nolu chan  posted on  2015-09-03 23:25:29 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 112.

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