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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: 25998
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 # 64.
#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.
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.
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.
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.
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.) NO THEY ARE NOT. They get any authority they have only from Kim Davis. Why were they not issuing any licenses before the Judge's order? They are issuing bastardized STATE licenses on the authority of an order of a FEDERAL judge. The State courts may find those licenses invalid. I think Judge Bunning overreached and reconsidered what he was doing. RFRA - Religious Freedom Restoration Act http://law.justia.com/codes/us/2012/title-42/chapter-21b/section-2000bb/ §2000bb. Congressional findings and declaration of purposes (a) Findings The Congress finds that— (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; (2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) governments should not substantially burden religious exercise without compelling justification; (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. (b) Purposes The purposes of this chapter are— (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and (2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government. (Pub. L. 103–141, §2, Nov. 16, 1993, 107 Stat. 1488.) References in Text This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables. Constitutionality For constitutionality of section 2 of Pub. L. 103–141, see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States. Short Title Pub. L. 103–141, §1, Nov. 16, 1993, 107 Stat. 1488, provided that: “This Act [enacting this chapter and amending section 1988 of this title and section 504 of Title 5, Government Organization and Employees] may be cited as the ‘Religious Freedom Restoration Act of 1993’.” http://law.justia.com/codes/us/2012/title-42/chapter-21b/section-2000bb-1/ §2000bb–1. Free exercise of religion protected (a) In general Government shall not substantially burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section. (b) Exception Government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person— (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial relief A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. (Pub. L. 103–141, §3, Nov. 16, 1993, 107 Stat. 1488.) http://law.justia.com/codes/us/2012/title-42/chapter-21b/section-2000bb-2/ §2000bb–2. Definitions As used in this chapter— (1) the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity; (2) the term “covered entity” means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; (3) the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and (4) the term “exercise of religion” means religious exercise, as defined in section 2000cc–5 of this title. (Pub. L. 103–141, §5, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, §7(a), Sept. 22, 2000, 114 Stat. 806.) http://law.justia.com/codes/us/2012/title-42/chapter-21b/section-2000bb-3/ §2000bb–3. Applicability (a) In general This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993. (b) Rule of construction Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter. (c) Religious belief unaffected Nothing in this chapter shall be construed to authorize any government to burden any religious belief. (Pub. L. 103–141, §6, Nov. 16, 1993, 107 Stat. 1489; Pub. L. 106–274, §7(b), Sept. 22, 2000, 114 Stat. 806.) = = = = = = = = = = KENTUCKY RFRA http://www.lrc.ky.gov/record/13rs/HB279/bill.doc AN ACT relating to construction of the law. Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. A NEW SECTION OF KRS CHAPTER 446 IS CREATED TO READ AS FOLLOWS: Government shall not substantially burden a person's freedom of religion. The right to act or refuse to act in a manner motivated by a sincerely held religious belief may not be substantially burdened unless the government proves by clear and convincing evidence that it has a compelling governmental interest in infringing the specific act or refusal to act and has used the least restrictive means to further that interest. A "burden" shall include indirect burdens such as withholding benefits, assessing penalties, or an exclusion from programs or access to facilities.
I'm telling you, once she's elected, she swears her deputy clerk in to serve as clerk in the clerks absence. Assistant and deputy clerks all over the country do official clerk business when the clerk isn't in the office.
Just between me and you, sometymes chan gets caught up in a comma or two without realizing that appropriate designated delegates fulfil the role & responsibilities of a given government office in their absence. You are correct, GI.
#72. To: buckeroo, GrandIsland (#64)
You are correct, GI. Absolutely not. The instant Kim Davis advised the deputies that no licenses could be issued by her authority, they had no authority to issue any license, and they ceased issuing all licenses until the Federal judge gave a contrary order, and then expressed their doubts that it was legal. Any authority of the deputies must be granted by Kim Davis. It is blatant and notorious that she ordered them to cease issuing licenses.
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.
#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.
#43. To: TooConservative (#36)
How about court-ordered busing? Or court meddling in districting and elections.
#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.
#59. To: TooConservative (#49)
You're overreaching.
RELIGIOUS FREEDOM RESTORATION - 42 U.S.C. § 2000bb (2012)
RELIGIOUS FREEDOM RESTORATION - 42 U.S.C. § 2000bb-1 (2012)
RELIGIOUS FREEDOM RESTORATION - 42 U.S.C. § 2000bb-2 (2012)
RELIGIOUS FREEDOM RESTORATION - 42 U.S.C. § 2000bb-3 (2012)
UNOFFICIAL COPY AS OF 09/08/15 -- 13 REG. SESS. -- 13 RS HB 279/VO
#62. To: nolu chan (#59)
NO THEY ARE NOT. They get any authority they have only from Kim Davis. Why were they not issuing any licenses before the Judge's order? They are issuing bastardized STATE licenses on the authority of an order of a FEDERAL judge. The State courts may find those licenses invalid.
#64. To: GrandIsland, nolu chan (#62)
I'm telling you, once she's elected, she swears her deputy clerk in to serve as clerk in the clerks absence. Assistant and deputy clerks all over the country do official clerk business when the clerk isn't in the office.
Replies to Comment # 64. Just between me and you, sometymes chan gets caught up in a comma or two without realizing that appropriate designated delegates fulfil the role & responsibilities of a given government office in their absence.
End Trace Mode for Comment # 64.
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