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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: 27540
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 # 88.
#3. To: cranky, Liberator, A K A Stone, redleghunter, Vicomte13 (#0)
(Edited)
Case: 0:15-cv-00044-DLB Doc #: 89 Filed: 09/08/15 Page: 1 of 2 - Page ID: 1827 UNITED STATES DISTRICT COURT CIVIL ACTION NO. 15-44-DLB APRIL MILLER, et al. PLAINTIFFS vs. KIM DAVIS both individually ORDER On September 3, 2015, the Court held Defendant Kim Davis in contempt and jailed her for her refusal to issue marriage licenses, directly or through her deputy clerks, in accordance with the U.S. Supreme Court's decision in Obergefell v. Hodges and this Court's Memorandum Opinion and Order of August 12, 2015. After demanding Defendant Davis to the custody of the U.S. Marshal, five of her six deputy clerks stated under oath that they would comply with the Court's Order and issue marriage licenses to all legally eligible couples. (Docs. #75; 78 at 121-170) On September 8, 2015, Plaintiffs filed a Status Report at the Court's behest. According to the Report, Plaintiffs have obtained marriage licenses from the Rowan County Clerk's Office.1 The Court is therefore satisfied that the Rowan County Clerk's Office is fulfilling its obligation to issue marriage licenses to all legally eligible couples, consistent __________ 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. 1 - - - - - - - - - Case: 0:15-cv-00044-DLB Doc #: 89 Filed: 09/08/15 Page: 2 of 2 - Page ID: 1828 with the U.S. Supreme Court's holding in Obergefell and this Court's August 12, 2015 Order. For these reasons, the Court's prior contempt sanction against Defendant Davis is hereby lifted. Accordingly IT IS ORDERED as follows: 1. Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. 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. 2. CJA counsel for the five (5) deputy clerks who indicated they would comply with the Court's Order shall file a Status Report every fourteen (14) days from the date of entry of this Order unless otherwise excused by the Court. Within those reports Counsel shall report on their clients' respective compliance with the Court's August 12, 2015 Order enjoining the Rowan County Clerk from enforcing her "no marriage licenses" policy, as well as its Order of September 3, 2015 requiring them to issue marriage licenses to all eligible couples in compliance with the Court's prior Order. This 8th day of September, 2015. Signed By: G:DATAORDERSAshland Civil201515-44 Order lifting contempt sanction.wpd 2 - - - - - - - - - -
This 8th day of September, 2015. Is that the law?
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.
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.
Only by the narrowest possible reading of Kentucky law. Judges can be more expansive in applying the law, in this case, a fundamental right to marry. He had to have ordered it. Or perhaps the attorney general of KY, a Dem named Conway who was defeated by Rand Paul in his 2010 Senate race. A key issue: standing. Can you name a single party that any state or federal court would grant standing to? I can't think of one. Not the people applying for marriage licenses or rejected (they can just go to the next county). Not those who got married and later want a court to annul their marriage so they don't have to get a divorce, not the attorney general of the state, KY's state or federal legislators, etc. In fact, I don't think the federal courts, and certainly not the Supremes, would ever grant anyone standing to challenge the validity of licenses issued in the name of Rowan County, Kentucky instead of the name Kim Davis. Who can demonstrate they have been harmed by the lack of Kim Davis' name on their marriage license? I think anyone trying to challenge would get punished by being drawn into a long and expensive series of legal roadblocks. And get nowhere with their effort. nolu does have a point as far as reading the statutes of Kentucky. But the rights of the Supreme Clerk of Kentucky is never going to outweigh the newly established right to marry from the Supreme Court. And the courts don't have to rewrite all those statutes. Bunning just jumped to the desired outcome and imposed it while warning Davis from trying to use her office to deny anyone their fundamental right to marry.
I don't consider the clear requirement that it bear the signature of the elected county clerk to be the "narrowest possible reading" of the law. What I meant was he ordered the office to issue licenses, but did he order any particular signature to appear on it? I don't think so. This is true. In order to have standing, the gay or other couples would have to present the licenses they have to appropriate parties for specific legal purposes, and have those parties refuse to recognize them because they do not have the sig of Davis on them. This could be a hospital looking for medical POA or financial institutions doing the same, which may not happen for another 50 years. And given the publicity and fear of incarceration as Davis received, most people in key positions are less likely to refuse to honer them. So... end result is, as is often the case in the heavily bureaucratic USA, the licenses are, in fact, technically invalid, but since everyone honers them, they are de facto valid.
Well, when the Supreme Court grants an anonymous poster at LF standing to challenge their rulings, you'll surely win. But you do have the same standing to challenge as Kim Davis does. Namely, none. He ordered it or he worked something out in consultation with the KY AG or SoS. I expect it was Bunning acting alone after some consultation. Exactly so. Even if a public official is later discovered to have held the office illegally, for instance Kim Davis was an illegal alien who served for decades as a county clerk. I don't believe her official acts would ever be invalidated and the marriage licenses annulled as a result of Kim being an illegal alien and unqualified for the office. In the end, the licenses are issued under the authority of Rowan County's clerk and recorded by the clerk (or deputy), not the personal authority of any particular clerk or deputy acting under the office's legal authority to issue and record licenses.
There are no replies to Comment # 88. End Trace Mode for Comment # 88.
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EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT ASHLAND
and in her official capacity, et al.
DEFENDANTS
David L. Bunning
United States District Judge
#5. To: nolu chan (#3)
2. CJA counsel for the five (5) deputy clerks who indicated they would comply with the Court's Order shall file a Status Report every fourteen (14) days from the date of entry of this Order unless otherwise excused by the Court. Within those reports Counsel shall report on their clients' respective compliance with the Court's August 12, 2015 Order enjoining the Rowan County Clerk from enforcing her "no marriage licenses" policy, as well as its Order of September 3, 2015 requiring them to issue marriage licenses to all eligible couples in compliance with the Court's prior Order.
#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.
#52. To: nolu chan (#14)
#80. To: Pinguinite, nolu chan, redleghunter (#52)
It certainly does seem the marriage licenses are not legally valid.
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.
#84. To: TooConservative (#80)
It certainly does seem the marriage licenses are not legally valid.
Only by the narrowest possible reading of Kentucky law. Judges can be more expansive in applying the law, in this case, a fundamental right to marry.
If this judge did not order the deputy clerks to specifically sign the licenses with the county name, then it wasn't his doing.
He had to have ordered it.
A key issue: standing. Can you name a single party that any state or federal court would grant standing to? I can't think of one.
#88. To: Pinguinite (#84)
I don't consider the clear requirement that it bear the signature of the elected county clerk to be the "narrowest possible reading" of the law.
What I meant was he ordered the office to issue licenses, but did he order any particular signature to appear on it? I don't think so.
This is true. In order to have standing, the gay or other couples would have to present the licenses they have to appropriate parties for specific legal purposes, and have those parties refuse to recognize them because they do not have the sig of Davis on them. This could be a hospital looking for medical POA or financial institutions doing the same, which may not happen for another 50 years. And given the publicity and fear of incarceration as Davis received, most people in key positions are less likely to refuse to honer them. So... end result is, as is often the case in the heavily bureaucratic USA, the licenses are, in fact, technically invalid, but since everyone honers them, they are de facto valid.
Replies to Comment # 88.
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