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Title: Kim Davis, Prisoner of Conscience: RELEASED!
Source:
Breitbart
URL Source: http://www.breitbart.com/big-govern ... isoner-or-conscience-released/
Published: Sep 8, 2015
Author: Austin Ruse
Post Date: 2015-09-08 15:07:08 by cranky
Keywords: None
Views: 26064
Comments: 191
Judge David Bunning jailed Davis last Thursday after she repeatedly refused to grant any marriage licenses from her office as long as they had to include same-sex couples. Davis cited her religious beliefs in refusing to issue the licenses, even though the Supreme Court imposed same-sex marriage on the country last June 26. In his order issued today Bunning said, “Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered.” Bunning says he is satisfied that Davis’s staff has so far adhered to his order to issue marriage licenses to all qualified applicants. He has ordered that Davis’s office report to him every 14 days to demonstrate that the office is continuing to follow the order to grant licenses to same-sex couples. He notes that the reports so far have shown the Office of County Clerk of Rowan County no longer puts Davis’s name on marriage liceneses but instead uses “Rowan County” where her name is supposed to go. Davis’s attorney Matthew Staver of Liberty Cousel issued the following statement: “We are pleased that Kim Davis has been ordered released. She can never recover the past six days of her life spent in an isolated jail cell, where she was incarcerated like a common criminal because of her conscience and religious convictions. She is now free to return to her family, her coworkers and the office where she has faithfully served for the past 27 years. We will continue to assist Kim and pursue the multiple appeals she has filed.” There is no word on whether Davis intends to interfere with the issuance of marriage licenses in her office in defiance of the court order. 
After five days in jail, Kentucky County Clerk Kim Davis is being freed by the judge who put her there.
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Begin Trace Mode for Comment # 189.
#6. To: cranky, nolu chan, CZ82, liberator (#0)
If you could make a piece of paper 'even more' worthless the above adds to it.
The crap is in the footnote. See my #11 and #14. Kentucky Revised Statutes KRS 402.100(3)(a) requires, (a) A statement by the person performing the marriage ceremony or the clerk of the religious society performing the marriage ceremony that the ceremony was performed. The statement shall include the name and title of the person performing the ceremony, or the name of the religious society performing the ceremony, the names of persons married, the date and place of the marriage, the names of two (2) witnesses, and the following information as recorded on the license authorizing the marriage: the date the license was issued, the name of the county clerk under whose authority the license was issued, and the county in which the license was issued;
It's dicey for a federal judge to meddle quite so much in state laws like this but I expect that Bunning wrote some application of RFRA to remove her name but included in his ruling the stipulation that licenses issued with only the county name due to an RFRA exception must be granted equal standing to all other licenses issued in the state. Obviously, there are some delicate issues to tiptoe around. I bet Bunning consulted a number of experts and hit the books himself as well. BTW, this judge is Jim Bunning's son. So I suppose we have to consider that he is turning this case into a hand grenade and pulling the pin. His dad would do that on a routine basis in the Senate. It drove McConnell insane with rage. Which made old Bunning very happy and he wasn't shy about his feelings.
State law still says there is no such thing as same sex marriage. Judge Bunning ignored state law. He has no authority to order state authorities to act contrary to state law. He has authority to strike down state laws as unconstitutional. The state requirement to have the clerk's name on a license does not appear to be unconstitutional.
Judge Bunning ignored state law. He has no authority to order state authorities to act contrary to state law. He has authority to strike down state laws as unconstitutional. The state requirement to have the clerk's name on a license does not appear to be unconstitutional. Worth repeating. But now that we've determined that Judge Bunning has indeed over-stepped his legal authority within the state of KY, whose toes is THIS fascist SOB stepping on, and shouldn't *they* step up to the plate and reprimand Bunning for his abuse of authority and over-officiousness? This End-Zone dance for a TD that's illegal has gone on far too long.
No, he hasn't. He's a federal judge.
How does being a federal judge make his actions lawful? Judges can screw up.
I guess SCOTUS makes that call doesn't it?
Yes, George III thought so too.
Yes, George III thought so too. He didn't know SCOTUS from a hole in the wall. But I guess there are those who think it will be useful to ask SCOTUS to rule again on gay marriages. They could use their time more productively by doing something like......oh, I don't know.......shoveling sand against the tide.
I can't seem to get anyone to say exactly what they would prefer to have happen in this case and similar ones.
Why is no senior authority in the STATE held responsible? When she was in jail for contempt, why was the STATE not ordered to cure the problem? Is nobody in the state responsible to do something about the problem? How about the governor? If the Federal court was going to act, why did it not act to levy a fine against the STATE until the STATE cured the problem. A very large and progressively larger fine until the governor got off his ass and acted. The STATE should have acted to remove Davis from office. The Court should have provided encouragement to do so.
She deserved a chance for redemption on her own - she didn't repent:) Besides the suit was filed in Federal court not the State court. I do not recall that anyone, including Davis, asked the State to intervene once the suit was filed or even before. It was only after her ass was put in jail did Davis ask the State for an accomidation - which she received pretty quickly. Further, the Governor did state that the licenses issued by the Deputies are valid. Had he not done so I doubt that she would have gotten out of jail. So if Davis continues her antics and attempts to interfere with the issuing of the licenses in any way I hope that she goes directly back to jail and takes Huckabee with her.
I hadn't read that. We really don't have much reporting on the governor, AG, SoS and any statements they have made. They're all Dems, I think. I had assumed they all want to stay away from it.
I hadn't read that. Governor Steve Beshear says Rowan Co. marriage licenses are legal "Kim Davis' attorney claims the marriage licenses her deputy clerks issued while she was in jail are not legal because they do not have Davis' signature on them. Beshear said that's not the case. "Those marriage licenses are legal. Our tax department is already recognizing marriages of same-sex couples because the Supreme Court said that we should," Beshear said. "We're changing all of those kinds of law. The federal government is going to recognize it." Beshear reiterated that he would not call a special session. "I never have wanted and would not call a special session and spend hundreds of thousands of dollars of taxpayer money when we had 117 out of 120 clerk who were complying with the law and doing their duty," the governor said. Kentucky law says county clerks issue marriage licenses, and Beshear said there is nothing he can do to change that, but lawmakers can. "If the legislature wants to come in January and change the process for issuing marriage licenses, they're free to do so." I wasn't aware that 3 of the 120 County Clerks were not complying with the law. How come we only hear about Davis and not the other two?
So there were two other clerks who weren't complying at the time? I know Davis's letter indicates there were others but I hadn't heard anything about them. We'll probably hear about it if they refuse like Davis did.
One must assume that they haven't refused else we would have heard about that from the Davis camp or the likes of Huckabee et.al. or the so-called press.
There is that Deputy in Davis' office who stated he would not issue licenses to same-sex couples. No problem.
Her son, the male twin, works for her. Just as she worked in the office when her mother was Rowan county clerk. Davis doesn't believe in sodomy marriage but a little nepotism doesn't ruffle her feathers.
Her son, the male twin, works for her. Just as she worked in the office when her mother was Rowan county clerk. How is he exempt from the law? And I have yet to hear a reason why the judge did not come down on the State for not making any provision for the issuing of licenses after they ceased in Rowan county. A withholding of all Federal funds from the State until the State complied with the ruling in Obergefell might have inspired an accomodation.
A solution far more drastic than Bunning's. Even in cases like forced busing, judges didn't try to go that far.
What, telling the governor to get off his ass and do his job or the state will have money withheld until he does, is far more drastic than throwing a lowly clerk in jail? Now, that is what I call a value judgment.
#191. To: nolu chan (#189)
What would you have the governor do? In most states, a governor can't do much in these cases. I'm not sure what Kentucky's laws would allow him to do.
Top • Page Up • Full Thread • Page Down • Bottom/LatestHe notes that the reports so far have shown the Office of County Clerk of Rowan County no longer puts Davis’s name on marriage liceneses but instead uses “Rowan County” where her name is supposed to go.
#15. To: redleghunter, cranky, CZ82, liberator (#6)
If you could make a piece of paper 'even more' worthless the above adds to it.
(3) A certificate to be delivered by the person performing the marriage ceremony or the clerk of the religious society performing the marriage ceremony to the parties married. This certificate shall provide for the entering of:
#18. To: nolu chan (#15)
(Edited)
and the following information as recorded on the license authorizing the marriage: the date the license was issued, the name of the county clerk under whose authority the license was issued, and the county in which the license was issued;
#19. To: TooConservative (#18)
It's dicey for a federal judge to meddle quite so much in state laws like this but I expect that Bunning wrote some application of RFRA to remove her name but included in his ruling the stipulation that licenses issued with only the county name due to an RFRA exception must be granted equal standing to all other licenses issued in the state.
#24. To: nolu chan (#19)
State law still says there is no such thing as same sex marriage.
#37. To: Liberator (#24)
But now that we've determined that Judge Bunning has indeed over-stepped his legal authority within the state of KY...
#44. To: TooConservative, Liberator (#37)
No, he hasn't. He's a federal judge.
#47. To: nolu chan, TooConservative, Liberator (#44)
How does being a federal judge make his actions lawful? Judges can screw up.
#95. To: SOSO, nolu chan, liberator (#47)
I guess SCOTUS makes that call doesn't it?
#140. To: redleghunter, nolu chan, liberator (#95)
guess SCOTUS makes that call doesn't it?
#143. To: SOSO (#140)
But I guess there are those who think it will be useful to ask SCOTUS to rule again on gay marriages. They could use their time more productively by doing something like......oh, I don't know.......shoveling sand against the tide.
#149. To: TooConservative, SOSO (#143)
I can't seem to get anyone to say exactly what they would prefer to have happen in this case and similar ones.
#158. To: nolu chan, TooConservative (#149)
The STATE should have acted to remove Davis from office. The Court should have provided encouragement to do so.
#162. To: SOSO (#158)
Further, the Governor did state that the licenses issued by the Deputies are valid.
#167. To: TooConservative, nolu chan (#162)
Further, the Governor did state that the licenses issued by the Deputies are valid.
#168. To: SOSO, nolu chan (#167)
Beshear reiterated that he would not call a special session. "I never have wanted and would not call a special session and spend hundreds of thousands of dollars of taxpayer money when we had 117 out of 120 clerk who were complying with the law and doing their duty," the governor said.
#169. To: TooConservative, nolu chan (#168)
We'll probably hear about it if they refuse like Davis did.
#177. To: SOSO, TooConservative (#169)
One must assume that they haven't refused else we would have heard about that from the Davis camp or the likes of Huckabee et.al. or the so-called press.
#180. To: nolu chan (#177)
There is that Deputy in Davis' office who stated he would not issue licenses to same-sex couples. No problem.
#182. To: TooConservative (#180)
There is that Deputy in Davis' office who stated he would not issue licenses to same-sex couples. No problem.
#187. To: nolu chan (#182)
A withholding of all Federal funds from the State until the State complied with the ruling in Obergefell might have inspired an accomodation.
#189. To: TooConservative (#187)
A solution far more drastic than Bunning's. Even in cases like forced busing, judges didn't try to go that far.
Replies to Comment # 189. What, telling the governor to get off his ass and do his job or the state will have money withheld until he does, is far more drastic than throwing a lowly clerk in jail?
End Trace Mode for Comment # 189.
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