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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: 24134
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 # 77.
#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.
You don't understand, Nolu; Feral Judges wear CROWNS and sit in THRONES!
Don't forget the robes, and maybe they can bring back whigs.
#79. To: nolu chan (#77)
HEH! The long flowing robes and powdered wigs -- the best part! And maybe even a sledgehammer instead of a gavel.
I don't recall if you posted any image of Bunning's decision but noticed this one at NRO.
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.
#74. To: nolu chan, TooConservative (#44)
How does being a federal judge make his actions lawful? Judges can screw up.
#77. To: Liberator, TooConservative (#74)
Feral Judges wear CROWNS and sit in THRONES!
Replies to Comment # 77.
#93. To: nolu chan (#77)
End Trace Mode for Comment # 77.
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