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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: 26035
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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#13. To: CZ82 (#10)
Yes Alabama was one:
"The grass withers, the flower fades, But the word of our God stands forever.”"---Isaiah 40:8
Here's where the legal wheels fall off. The Kentucky law requires that the Clerk's name appear and that is "Kim Davis." The last I knew, the Federal court can hold a state law unconstitutional, but the judge can legislate a change to state law to authorize and bastardization of the marriage certificate. In short, the bastardized marriage certificates do not meet the requirements of Kentucky state law, and the judges proclamations and orders, and citing that the Plaintiffs have not alleged that the alterations affect the validity of the licenses does not make them valid. If Plaintiffs had that authority, they could have written their own certificates on toilet tissue and proclaimed them valid.
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;
Never. She should write a thank-you note to him, given how lenient he was.
Kentucky Revised Statutes KRS 402.100(3)(a) requires, (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: (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; Saw it. So basically the county is handing out "Shirley Temple" or "Davey Crockit" certificates you could get saving up Ovalteen labels. "The grass withers, the flower fades, But the word of our God stands forever.”"---Isaiah 40:8
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.
I think it is quite possible that a state court would find them invalid.
So we should expect more nuisance lawsuits from homofascists and their enablers/allies -- a homofascist-friendly, tyrannical judiciary. What of the "contempt" the judiciary has for the American people? Have We The People truly ANY representation?? WHOM shall or shall not make laws that infringe upon "Constitution" law that is selectively enforced by whim? Congress? The Supreme Court? The President? OR, the queerest, highest bidder? The "law" is now no different than street shell-game...run by agenda-driven tyrants and fascists.
I have to wonder why the Judge decided to release her? This whole issue, and putting her in jail has stirred up a whole lot of people. A lot of bad PR against the Fed Govt, and the Fed Judiciary. I know TPTB do not care what the people think. But just the other day, this Judge Bunning was so adamant. I have to wonder what, or who changed his mind? Si vis pacem, para bellum
When I heard this news earlier today I thought to myself, this judge is a pretty slick operator - he released her from the cage of martyrdom and stuck her in a box back in society. Are Huckleberry and Cruz going to still visit her?
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.
Stoner, I think you just answered your own question there.
HA! Why don't they just require a letter of recommendation from Martina Navratilova, Rosie O'Donut or the perverse militant queer, Dan Savage? In other words, further mockery of an absurd arbitrary law based on NO historical precedent, based on NO natural law, but instead based on contrived BS criteria, celebrity endorsements, and insane fantasies of "social justice" du jour. The tires of this republic haven't only fallen off; the rims and steering wheel have flown off as well.
I know TPTB do not care what the people think. But just the other day, this Judge Bunning was so adamant. I have to wonder what, or who changed his mind? Pressure. STRONG pressure. Blowback he never imagined. Along with his own scrutiny and others who backed him during an election-time cycle. Bunning -- from my understanding -- was NEVER qualified to be judge at this level. His constituency aren't exactly liberal northeastern Yankees. This whole issue, and putting her in jail has stirred up a whole lot of people. A lot of bad PR against the Fed Govt, and the Fed Judiciary. Those nitwits and pervs LOVE this attention and especially the spectacle of a Christian woman jailed for her beliefs -- be it opposing fake "Gay" marriage" charade OR opposing a goob which is operating lawlessly, without consent of the governed.
Really? I met the dad a few times at social events. I liked him.
I think it is quite possible that a state court would find them invalid. Of course...but it sounded so much better 'saying' it my way:) "The grass withers, the flower fades, But the word of our God stands forever.”"---Isaiah 40:8
More like the hustlers game of three card monte. "The grass withers, the flower fades, But the word of our God stands forever.”"---Isaiah 40:8
Good stuff. Thanks for again wading through all the minutiae for us and distilling what this authority and spectacle are based on: Homo-Voodoo.
She'll be able to tell her grandkids that she played Henry David Thoreau for a weekend. Now it's time for her to move on.
Quis custodiet ipsos custodes?
As I understand his order, the judge is satisfied that the office of the county clerk is issuing licenses to all eligible parties so he kicked her loose. But there are some strings attached. There are three kinds of people in the world: those that can add and those that can't
Thinks she'll hang herself again with those strings?
It is, isn't it? The "law"...is now whatever "the authoritah" sez it is...on any given day. Yahoo News reports it, libs do their Touchdown Dance for a week. UNTIL the Replay Official steps in ;-)
How about court-ordered busing? Or court meddling in districting and elections. No state laws authorized any of those or plenty of other court mischief over the years.
No, he hasn't. He's a federal judge.
I don't doubt he's likable. He can also be a first-class a-hole. And enjoy it too.
Move on where? To the book or a movie? :-) Do you find this bizarre?? The nation is in flames, but denying flaming freaks a fake license to "marry" (as interpreted by rogue judges) remains headline news everyday, ALL week.
No, he hasn't. That's obviously quite arguable. He's a federal judge. I know just typing that aroused you, but it technically doesn't make him "King O'er The Land of KY", does it?
Of course not. He's only the king of the Eastern District of Kentucky. Kim Davis, the Supreme Clerk of Kentucky, can still appeal to the Sixth Circuit. And even to the Supremes if she feels like it.
What battle? For all of her inane protestations she hasn't changed a damned thing other than assuring that her County is now issuing licenses to gays according to the yet still law of the land - the one thing she said she was against. You may follow your false prophet here but she will lead you to the same dead end alley. She has changed nothing other than she is now living in a County that is issuing marriage licenes to gays. потому что Бог хочет это тот путь
That was between the Federal government and a state or local government. The government entity was held to be violating the constitution or a federal anti-discrimination law. In the instant case, the Judge ordered deputy clerks, not involved in any alleged violation of state or local law, who had no authorization to issue marriage licenses, or to issue unlawfully altered licenses, to issue marriage licenses contrary to state law. I suppose he could have ordered the Governor to have the county issue marriage licenses. Of course, the Governor could have replied that it required a change of law, and he lacked authority to do that, and the state lacked the money to call the legislature back into session. Ask again in January.
How does being a federal judge make his actions lawful? Judges can screw up.
You are assuming those bastardized licenses are good for something besides cutting up into 4-inch squares and using in the little reading room.
Are you seriously suggesting that the County will not issue licenses to gays to marry? Are you seriously suggesting that the KY courts will not uphold the licenses issued by the Deputies? I am seriously suggesting that if Davis chooses to continue to make a BFD out of her refusal to obey the law of the land she will see her bastardized Christian ass back in jail again. потому что Бог хочет это тот путь
I guess SCOTUS makes that call doesn't it? потому что Бог хочет это тот путь
I would imagine it's extremely easy to hide the bodies in all the forests and abandoned mines Kentucky has... You're overreaching. These clerks are all authorized to issue official documents in the event of Kim's absence due to illness or compliance training or other official absences or because Kim is spending quality time with the U.S. Marshals in the local pokey. (That probably cost us a few hundred grand alone.) I think Judge Bunning was weak and hoping she'd reconsider so he tried to accommodate her objection by having them sign "Rowan County" instead of simply using her name. You may object but it is not the authority of Kim Davis that issues these licenses. It is the authority of Rowan County as authorized by the laws and jurisprudence and federal obligations of the state of Kentucky. Kim Davis is not a pope and is not a Supreme Clerk entitled to overrule the laws or rulings of the Court. She is an employee of the county who wields no authority whatsoever other than the prescribed duties of a sworn and qualified county clerk of Kentucky. It appears her lawyer is indicating now that she will try to stop her office from issuing the licenses again. So I expect she will go back to jail, probably for a much longer period. Federal judges rarely are lenient twice.
Possibly because the effect of his order, that the office issue marriage certs, was being carried out, there was no longer any practical reason to keep Davis in jail. If he didn't release her now, then what would need to change for Davis to be released in the future?
States might find it much more palatable to retitle "Marriage License" to "Civil Union License" or "Civil Union Certificate". Remove the word "marriage" from it. Leave the word "marriage" to churches and such.
It certainly does seem the marriage licenses are not legally valid. But I suppose being a federal judge, he is not vested in authority in this case to judge whether the marriage licenses being issued are valid. His interest is in only servicing the complaints of the plaintiffs in a civil case, and if they're happy, he's happy. If this judge did not order the deputy clerks to specifically sign the licenses with the county name, then it wasn't his doing. If the plaintiffs come back and complain they aren't valid because they lack Davis' signature, then maybe he'll take further action ordering Davis to sign, she'll refuse and be sent back to jail.
Evil, in this case is that there is a disparity of opinion. I suggested she should resign because she is working for an employer that does not share her sense of ethics. Who knows, maybe she will resign and save a lot of us further opinion on how she imposes her will on the People. She isn't a queen.
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#14. To: A K A Stone (#5)
Is that the law?
1 While the Status Report reflects that Plaintiff's marriage licenses have been altered so that "Rowan County" rather than "Kim Davis" appears on the line reserved for the name of the county clerk, Plaintiffs have not alleged that the alterations affect the validity of the licenses. Nor do the alterations impact the Court's finding that the deputy clerks have complied with the Court's Order.
#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:
#16. To: A K A Stone (#1)
So when are they going to arrest the prick judge for violating her rights under color of law?
#17. To: nolu chan (#15)
The crap is in the footnote. See my #11 and #14.
#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.
#20. To: redleghunter (#17)
So basically the county is handing out "Shirley Temple" or "Davey Crockit" certificates you could get saving up Ovalteen labels.
#21. To: nolu chan, cranky, A K A Stone, redleghunter, Vicomte13 (#3)
#22. To: cranky (#0)
#23. To: cranky (#0)
#24. To: nolu chan (#19)
State law still says there is no such thing as same sex marriage.
#25. To: Stoner (#22)
I have to wonder why the Judge decided to release her? This whole issue, and putting her in jail has stirred up a whole lot of people. A lot of bad PR against the Fed Govt, and the Fed Judiciary.
#26. To: redleghunter, nolu chan (#17)
So basically the county is handing out "Shirley Temple" or "Davey Crockit" certificates you could get saving up Ovalteen labels.
#27. To: Stoner (#22)
I have to wonder why the Judge decided to release her?...
#28. To: TooConservative (#18)
BTW, this judge is Jim Bunning's son.
#29. To: nolu chan (#20)
So basically the county is handing out "Shirley Temple" or "Davey Crockit" certificates you could get saving up Ovalteen labels.
#30. To: Liberator (#21)
The "law" is now no different than street shell-game...run by agenda-driven tyrants and fascists.
#31. To: nolu chan, A K A Stone (#14)
In short, the bastardized marriage certificates do not meet the requirements of Kentucky state law, and the judges proclamations and orders, and citing that the Plaintiffs have not alleged that the alterations affect the validity of the licenses does not make them valid. If Plaintiffs had that authority, they could have written their own certificates on toilet tissue and proclaimed them valid.
#32. To: redleghunter, A K A Stone, Vicomte13, liberator (#8)
#33. To: Stoner (#22)
I have to wonder why the Judge decided to release her?
#34. To: cranky (#33)
But there are some strings attached.
#35. To: redleghunter (#30)
More like the hustlers game of three card monte.
#36. To: nolu chan (#19)
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.
#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...
#38. To: Fred Mertz (#28)
Really? I met the dad a few times at social events. I liked him.
#39. To: tomder55, redleghunter, A K A Stone, Vicomte13 (#32)
She'll be able to tell her grandkids that she played Henry David Thoreau for a weekend. Now it's time for her to move on.
#40. To: TooConservative (#37)
(But now that we've determined that Judge Bunning has indeed over-stepped his legal authority within the state of KY...)
#41. To: Liberator (#40)
I know just typing that aroused you, but it technically doesn't make him "King O'er The Land of KY", does it?
#42. To: A K A Stone, cranky, nolu chan, tomder55, redleghunter, tooconservative, whitesands (#1)
By the way all of you folks who said she should resign are a bunch of pussies who run from battle.
#43. To: TooConservative (#36)
How about court-ordered busing? Or court meddling in districting and elections.
#44. To: TooConservative, Liberator (#37)
No, he hasn't. He's a federal judge.
#45. To: SOSO, A K A Stone, cranky, tomder55, redleghunter, tooconservative, whitesands (#42)
What battle? For all of her inane protestations she hasn't changed a damned thing other than assuring that her County is now issuing licenses to gays according to the yet still law of the land
#46. To: nolu chan, A K A Stone, cranky, tomder55, redleghunter, tooconservative, whitesands (#45)
You are assuming those bastardized licenses are good for something besides cutting up into 4-inch squares and using in the little reading room.
#47. To: nolu chan, TooConservative, Liberator (#44)
How does being a federal judge make his actions lawful? Judges can screw up.
#48. To: redleghunter (#9)
KY has not been known for a large homosexual population. That's why I think Davis' county was targeted.
#49. To: nolu chan (#43)
In the instant case, the Judge ordered deputy clerks, not involved in any alleged violation of state or local law, who had no authorization to issue marriage licenses, or to issue unlawfully altered licenses, to issue marriage licenses contrary to state law.
#50. To: Stoner (#22)
I have to wonder why the Judge decided to release her?
#51. To: CZ82 (#10)
The only other option is for the State to stop issuing marriage licenses entirely.
Aren't some states already contemplating that??
#52. To: nolu chan (#14)
#53. To: redleghunter (#8)
She should resign because her job now involves an overt evil enterprise.
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