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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: 25717
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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#152. To: buckeroo (#151)
Many of the legal arguments for the acts of GWBush were originated by the Lincoln administration.
You might say, it is in the veins of Republicans and their respective representative bloodlines. Now, a new monster rises: Jeb!
Wipe your chin... someone left some democrat on it. There must be a forum a little more left than this one that would suit your ideals better. I'm the infidel... Allah warned you about. كافر المسلح
Well, it is true that it is not all the Republicans fault. But, then again, we have TRUMP!, don't we?
Say that about 5,000 more times on LF, JUST TO BE FUCKING FAIR... then maybe, just maybe I'll consider you a fed up non-libtard, fed up with BOTH parties that ran up 18 trillion in debt. I'm the infidel... Allah warned you about. كافر المسلح
ROTFL! You didn't catch the TRUMP! card that I mentioned. Here let me explain my perspective s-l-o-w-l-y: TRUMP! epitomizes a Democrat; in fact, he WAS a registered Democrat. See ... fair and balanced reporting ... brought by buckeroo.
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. потому что Бог хочет это тот путь
Trump, if you would stand still long enough, would jam an illegal all the way up your Commie Sanders loving ass... he'll step all over the lazy welfare... and Commie Sanders ain't gonna do either. And that's why all you democrats are shitting your adult diapers... because you hate the rich, love the illegals and you love the lazy poor. So suck that forked tongue back in your closet libtard mouth. Your nose is growing. I'm the infidel... Allah warned you about. كافر المسلح
I take it you "do not recall" because you never made the effort to find out in the first place. All your contentions are inaccurate except that the suit was filed in Federal court -- against Kim Davis. Actually, it starts with Obergefell and Governor Beshear's letter of 26 June 2015 to Kentucky County Clerks, the April Miller et al lawsuit filed 2 July 2015, followed by the Kim Davis' letter of 8 July 2015 to Governor Beshear. There was also Davis' request for reasonable accomodation to Judge Bunning. To be sure, County Clerk Kimberly Davis notified Governor Beshear that the issuance of same-sex marriage licenses by her office was contrary to her deeply held religious beliefs. Governor Beshear had a duty to make some provision for the issuance of marriage certificates in Rowan County, Kentucky in the very foreseeable event that the office of Kim Davis would not issue them. Even when the office stopped issuing marriage licenses, it appears that Governor Beshear did nothing and waited for a Federal judge to do his job for him. Governor Beshear could have called the legislators into session. He did not. As accomodation, the law could have been tweaked to permit the County Judge to issue such licenses as the religious convictions of Kim Davis did not permit. If one is to presume that the Deputy Clerks can lawfully issue licenses on the say so of a Federal judge, then it would seem they could do so on the say so of a Governor as an emergency measure until the legislature could change the law or impeach and remove Kim Davis, and she could be replaced. It is not the duty of Federal courts to do the Governor's job for him. He did nothing to provide for the issuance of licenses, even when the clerk's office stopped issuing them. He did nothing when the County Clerk was in jail. He sat on his ass and waited for the Federal judge to do his dirty work for him. Governor Beshear letter of 26 June 2015 to County Clerks: Steven L. Beshear June 26, 2015 Dear Kentucky County Clerks: Today, the United States Supreme Court issued its decision regarding the constitutionality of states' bans on same-sex marriage. The Court struck down those laws, finding that they were invalid under the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. As elected officials, each of us has taken an oath to uphold the Constitution of the United States and the Constitution of Kentucky. The Obergefell decision makes plain that the Constitution requires that Kentucky - and all states - must license and recognize the marriages of same-sex couples. Neither your oath nor the Supreme Court dictates what you must believe. But as elected officials, they do prescribe how we must act. Effective today, Kentucky will recognize as valid all same sex marriages performed in other states and in Kentucky. In accordance with my instruction, all executive branch agencies are already working to make any operational changes that will be necessary to implement the Supreme Court decision. Now that same-sex couples are entitled to the issuance of a marriage license, the Department of Libraries and Archives will be sending a gender-neutral form to you today, along with instructions for its use. You should consult with your county attorney on any particular aspects related to the implementation of the Supreme Court's decision. While there are certainly strongly held views on both sides of this issue, I know that Kentuckians are law-abiding people and will respect the rule of law. After all, the things that unite us as a people are much stronger than the things that divide us. Thank you in advance for the valuable services you continue to render to the people of the Commonwealth. Sincerely, Steven L. Beshear The litigation began in District Court on 2 July 2015 as: https://dockets.justia.com/docket/kentucky/kyedce/0:2015cv00044/78171 Case Number: 0:2015cv00044 Filed: July 2, 2015 Court: Kentucky Eastern District Court Office: Ashland Office County: Rowan Presiding Judge: David L. Bunning Nature of Suit: Other Civil Rights Cause of Action: 42:1983 Jury Demanded By: Both Kim Davis' letter of 8 July 2015 to Governor Beshear: 600 West Main Street July 8, 2015 The Honorable Governor Steve Beshear The recent Obergefell decision by the Supreme Court of the United States has not only impacted Kentucky's same sex marriage ban, but has put numerous County Clerks' moral and religious beliefs at odds with their current required duties. Many Clerks firmly believe that forcing County Clerk offices to issue same-sex marriage licenses when it is against their deeply held religious beliefs and traditions is a direct violation of the U.S. Constitution s First Amendment This dramatic and sudden change has caused some Clerks to go as far as to halt issuing marriage licenses to anyone rather than compromise their deeply held religious convictions. This position has ignited litigation and it is foreseeable that it may invite more lawsuits. It appears the only timely and reasonable solution to this conflict is a legislative one. So for that reason, I respectfully request that you immediately call an extraordinary session of the General Assembly to address the issues that have been caused in this transition from traditional marriage being re-defined to include same-sex couples. Legislators and Clerks of many political stripes working alongside other third parties have been drafting commonsense legislation that would modify Kentucky's marriage laws to satisfy the concerns of the majority of Clerks, while still abiding by the Obergefell ruling. It is my belief that our proposal could be passed by the General Assembly in an expedited timeframe of the absolute minimum of five days. The potential cost to calling a special session is easily justified by the alleviation of future potential lawsuits and relieving the concerns of many County Clerics who serve their local communities. I ask that you not just consider the current litigation, but what litigation could be invited after the 2018 County Clerk elections are concluded, if the status quo is to remain in place. Respectfully submitted, Kimberly Davis "Thank you for the opportunity to serve Rowan County" 12 August 2015, Judge Bunning MEMORANDUM OPINION AND ORDER, page 13: This proposal also has adverse consequences for Judge Blevins. If he began issuing marriage licenses while Davis continued to perform her other duties as Rowan County Clerk, he would likely be exceeding the scope of his office. After all, KRS § 402.240 only authorizes him to issue marriage licenses when Davis is unable to do so; it does not permit him to assume responsibility for duties that Davis does not wish to perform. Such an arrangement not only has the potential to create tension between the next judge executive and county clerk, it sets the stage for further manipulation of statutorily defined duties. Under these circumstances, the Court simply cannot count this as a viable option for Plaintiffs to obtain their marriage licenses.
The STATE should have acted to remove Davis from office. The Court should have provided encouragement to do so. I think the KY legislature is recessed for the season. I don't see what the governor could do. He probably lacks statutory authority to act. Maybe the AG, a Dem named Conway, could have acted, probably only to remove her from office. This seems the only legal remedy immediately available. A malfeasance charge of some kind would be the likely result. Conway has ambitions, perhaps to run against Rand Paul again, so maybe he would not want to prosecute Davis, a fellow Dem. KY is a state with 57% Dems, 37% GOPs as I recall. Depending on KY laws, the KY SoS might have had some limited authority to act. When the Court struck down miscegenation laws, there was a similar opposition in a lot of states but I don't know if any county clerks in the South refused to issue licenses.
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.
This dramatic and sudden change has caused some Clerks to go as far as to halt issuing marriage licenses to anyone rather than compromise their deeply held religious convictions. This position has ignited litigation and it is foreseeable that it may invite more lawsuits. It sounds like Davis thought she wouldn't be alone in opposing. I don't recall other clerks ceasing to issue marriage licenses as Davis did. But she thought there would be others apparently. Bunning could have jailed her until she complied or resigned. This would make her office legally vacant which would have allowed Judge Blevins to issue licenses. Alternatively, another deputy clerk, the senior or most qualified in the office, would become interim acting clerk. This would be harsher because it might lead to Davis sitting in jail for months and losing her office and income.
I notice DailyMail has an extensive article on Davis and her husbands, the twins and two older daughters from the first husband. Also, photos of her 4 marriage licenses which do give a bit more detail on what a KY license/certificate looks like, e.g. the blank for the clerk's name and the blank for the deputy clerk's name and written initial which tells us more about how these deputy clerks are signing these licenses now.
'Good' tyrants love doing so. quotquot autem receperunt eum dedit eis potestatem filios Dei fieri his qui credunt in nomine eius
She did not ask for an accomodation until AFTER she was jailed. She did ask the Governor to call an emergency session of the State legislature. As apparently no other County Clerk made the same request the Governor had no obligation, legal or moral or otherwise, to take that action. Apparently no- one in the State Legislature asked or encouraged the Governor to act on the basis of a request from one County Clerk with a dubious cause of action. The June 26 letter from the Govenor to all County Clerks made it quite clear what the law requires of the State and its County Clerks - and it was quite timely. The State had no obligation whatsoever to take extraordinary actions to deal with one outlier County Clerk. She could have just as easily asked for a leave of absence until the State legislature acted in the ordinary course of business. She created an emergency situtaion out of whole cloth. потому что Бог хочет это тот путь
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? потому что Бог хочет это тот путь
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. потому что Бог хочет это тот путь
I don't see what the governor could do. He probably lacks statutory authority to act. I hope you are joking and not serious.
No. The matter has been thoroughly covered. Impeachment is the means of removal. The AG of the Federal government could not remove a sitting President.
I did. It is legally meaningless. When a court says it, that will be meaningful.
Bunning could jail her on contempt. That does not make anyone else the Clerk, it does not give anyone the power to issue licenses, nobody claimed to possess such power, and nobody issued licenses using said imaginary power until order to do so by a judge. Then the Deputy Clerks changed the only recognized form of issuance. Being held in contempt does not make Davis' office vacant. She was always the Clerk, and upon release, she is going back to the office as the Clerk. Your fine pronouncements would sound better if you could quote any provision of Kentucky law which permits them.
I gave you positive proof to the contrary at my #160, if you would read it. What is your claim based on? This proposal also has adverse consequences for Judge Blevins. If he began issuing marriage licenses while Davis continued to perform her other duties as Rowan County Clerk, he would likely be exceeding the scope of his office. After all, KRS § 402.240 only authorizes him to issue marriage licenses when Davis is unable to do so; it does not permit him to assume responsibility for duties that Davis does not wish to perform. Such an arrangement not only has the potential to create tension between the next judge executive and county clerk, it sets the stage for further manipulation of statutorily defined duties. Under these circumstances, the Court simply cannot count this as a viable option for Plaintiffs to obtain their marriage licenses. How could Judge Bunning deny her request for accomodation on August 12th, it she had not made any request prior to August 12th?
I'm aware that the executive says the bastardized forms issued without proper authority are legal. GW Bush said that the targeted killing of an American citizen, with charge, trial, or any due process, was legal when authorized by an anonymous secret star chamber group. Richard Nixon famously said that if the President does something, it's legal.
There were pesky judges. http://www.huffingtonpost.com/entry/oregon-judge-gay-marriages_55e9e757e4b03784e275d182 The judge says marrying gay couples would violate his religious freedom. Mollie Reilly http://talkingpointsmemo.com/livewire/allen-mcconnell-toledo-refuses-gay-marriage By Katherine Krueger An Ohio judge refused to conduct a same-sex marriage in his court this week, the latest instance of local officials refusing marriages on religious grounds in the weeks after the Supreme Court legalized gay marriage nationwide. Toledo Municipal Judge Allen McConnell, who was in the midst of a three-week stint performing civil ceremonies, refused to marry Carolyn Wilson and her partner on Monday. “I declined to marry a non-traditional couple during my duties assignment,” McConnell said in a statement. “The declination was based upon my personal and Christian beliefs established over many years. I apologize to the couple for the delay they experienced and wish them the best.” Jeffrey Atherton says US supreme court has deemed Tennesseans ‘incompetent to define’ marriage as attorney accuses him of ‘unnecessary grandstanding’ A Tennessee judge has denied a divorce petition because of the US supreme court decision allowing gay marriage, leaving a couple married against their wishes. Hamilton County chancellor Jeffrey Atherton denied the couple’s divorce petition last week, claiming the national marriage equality ruling had marred Tennessee’s ability to determine what constitutes divorce. Atherton’s reasoning to deny the petition was that the supreme court had not clarified “when a marriage is no longer a marriage”, the Times Free Press reported. “With the US Supreme Court having defined what must be recognized as a marriage, it would appear that Tennessee’s judiciary must now await the decision of the US Supreme Court as to what is not a marriage, or better stated, when a marriage is no longer a marriage,” Atherton wrote in the order. “The conclusion reached by this Court is that Tennesseans have been deemed by the US Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces,” Atherton wrote.
There is that Deputy in Davis' office who stated he would not issue licenses to same-sex couples. No problem.
Likely because no couples have filed any federal suit complaining about not getting licenses. And there are a couple possible reasons for that: 1) the clerks are handing out licenses to married couples only, and no gay couples have yet applied. 2) Gay couples have applied and been refused, but decided to just go to a different county for a license rather than have their relations become a subject of national attention.
Your fine pronouncements would sound better if you could quote any provision of Kentucky law which permits them. I think Bunning's solution will hold for the interim and the legislature will then enact changes with retroactive provisions to keep the Rowan County licenses legal. In the meantime, the KY AG will run interference and stall if necessary until the new legislation is enacted on an emergency basis sometime next spring. It would be the no-fuss solution. And Davis would keep her office. The legislature does have other options. They could also allow a clerk from a neighboring county to travel to a courthouse with an objecting clerk like Davis to write a license or record a certificate. If the applicants don't want to wait a few hours or so for the other clerk to arrive, then they could just go to a neighboring county. Dislike it as much as you want but Bunning's way seems to be the least harmful since Davis won't lose her office and Kentucky's political scene won't get disrupted for the interim.
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.
Bunning's solution may be challenged tomorrow if Davis returns to work. There is nothing the KY AG is empowered to do now that he could not have done when the problem arose. The Federal judge cannot bestow State powers on anyone. How can you refer to a congressional session 9 months after the problem arose as an "emergency basis." They are scheduled to return in January. The Governor can call them into session at any time. July might have been a good time to resolve this issue without the fuss and bother. It would have been a no fuss solution in July and no need for lawsuits. I don't know about a Clerk acting outside of his/her jurisdiction. The amount of gay marriages is low enough it could have been passed to the County judge. Had the Governor done his job in July, there would be no need for litigation. Davis is still in office, nothing has been resolved, and it is not known if there will not be another disruption. As for the political scene getting disrupted, the Governor did nothing as he is well aware that the people amended their Constitution to ban same-sex marriage and it is very widely opposed in the state. Predicting there will be no further political disruption is like a post-Roe assessment that the Court had put the issue of abortion to rest.
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.
What's a few ruffled feathers just as long as a GOPe judge isn't indicted as a social activist and Trojan Horse Dem, right? "Nepotism" you say? Let's have Davis ask former Senator Jim Bunning about his unqualified son's magic appointment as a Leftist-Activist Judge. FOR LIFE. Suspiciously, GOPe 0buma-Enabler, Senator Mitch McConnell gave the Bunning the younger a ringing endorsement. Funny, huh? During a Dec. 10 hearing on the nomination before the Senate Judiciary Committee in Washington, David Bunning received some criticism. He was rated “not qualified” by the American Bar Association's judiciary committee, which determined Mr. Bunning didn't have the experience to serve as a federal judge.... .... Mr. McConnell said Mr. Bunning distinguished himself during his testimony before the committee. “Without a single note and in a situation of some tension, David Bunning showed great skill and great intelligence,” Mr. McConnell said. “He will be an outstanding federal district judge.” http://www.enquirer.com/editions/2002/03/28/loc_judge_bunning_takes.html
You don't know that, there are always succession plans or contingency plans (e.g. - the incumbant gets hit by a truck or is shot dead or dies from eating peanuts or runs off to Argentina with a lover or simply formally or informally walks away from office). No government operates as to leave a vacuum of power or authority to cove the just in case scenario. The fact that no deputy immediately came forward on their own does mean squat to your agrument. BTW, is it your contnetion that she could execise the power and authorities of the office from the jail cell? "Under state law, the only times when someone other than a county clerk can issue a marriage license in Kentucky is when there is a vacancy in the clerk’s office or if the clerk is absent: Does being incarcerated in jail by a Judge of competent jusrisdiction constitute being absent, even though she was still getting paid by the county (just as she would receive sick pay or on leave? It certainly would not be an excused absence, or would it? The work of the Clerk's Office does not come to a screeching halt because the Clerk doesn't show up for work for a few days. потому что Бог хочет это тот путь
Revivisting a previous reference to KY law re: Duties of Elected County Officials. "Any clerk who knowingly issues a marriage license in violation of KRS Chapter 402 shall be guilty of a Class A misdemeanor. Any clerk who knowingly issues a marriage license to any persons prohibited by KRS Chapter 402 from marrying shall be fined $500 to $1,000 and removed from office by the judgment of the court in which convicted (KRS 402.990). Any county clerk who violates any of the provisions of KRS 137.115 relating to county license taxes, or any regulation of the Department of Revenue, shall be fined $50 to $1,000 for each offense (KRS 137.990)." Do you really believe that the Deputy Clerks are putting their ass on the line by issuing marriage license for the County? потому что Бог хочет это тот путь
Do you really believe that the Deputy Clerks are putting their ass on the line by issuing marriage license for the County? FYI 402.020 reads in part as follows: "(1) Marriage is prohibited and void: .................................. (d) Between members of the same sex;" Also FYI. "Staver {Davis' attorney} said the licenses deputy clerks issued to same-sex couples last week are not valid because they were not given under Davis’ authority. But the Kentucky attorney general’s office said it believes otherwise. потому что Бог хочет это тот путь
A solution far more drastic than Bunning's. Even in cases like forced busing, judges didn't try to go that far.
It's a fact. The County Judge ruled she was not absent from office as his reason to not issue licenses. The other clerks did not issue licenses until under court order to do so.
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.
No. They issued the licenses under court order but did not put the clerk's name on them. See the appeal the just sent to the Sixth Circuit for lots of details about what went on with Judge Bunning. It is quite informative and interesting.
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.
Another Republican is GWBush. But, that startling FACT won't surprize you, will it?
#153. To: nolu chan (#152)
#154. To: buckeroo (#153)
it is in the veins of Republicans and their respective representative bloodlines
#155. To: GrandIsland (#154)
(Edited)
#156. To: buckeroo (#155)
Well, it is true that it is not all the Republicans fault.
#157. To: GrandIsland (#156)
(Edited)
Say that about 5,000 more times on LF, JUST TO BE FUCKING FAIR... then maybe, just maybe I'll consider you a fed up non-libtard, fed up with BOTH parties that ran up 18 trillion in debt.
#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.
#159. To: buckeroo (#157)
(Edited)
TRUMP! epitomizes a Democrat
#160. To: SOSO (#158)
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.
Commonwealth of Kentucky
Office: of the Governor
700 Capitol Avenue
Suite 100
Frankfort. KY 4060) April Miller, Karen Ann Roberts, Shantel Burke, Stephen Napier, Jody Fernandez, Kevin Holloway, L. Aaron Skaggs and Barry W. Spartman, PLAINTIFFS
v.
Kim Davis and Rowan County, Kentucky, DEFENDANTS Kim Davis
Rowan County Clerk
Room 102
Morehead, KY 40351
700 Capitol Avenue Suite 100
Frankfort, KY 40601 However, Davis asks the Court to deem her “absent,” for purposes of this statute, because she has a religious objection to issuing the licenses. While this is certainly a creative interpretation, Davis offers no legal precedent to support it.
#161. To: nolu chan, SOSO (#149)
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.
#162. To: SOSO (#158)
Further, the Governor did state that the licenses issued by the Deputies are valid.
#163. To: nolu chan (#160)
Davis: The recent Obergefell decision by the Supreme Court of the United States has not only impacted Kentucky's same sex marriage ban, but has put numerous County Clerks' moral and religious beliefs at odds with their current required duties. Many Clerks firmly believe that forcing County Clerk offices to issue same-sex marriage licenses when it is against their deeply held religious beliefs and traditions is a direct violation of the U.S. Constitution s First Amendment
Bunning: However, Davis asks the Court to deem her “absent,” for purposes of this statute, because she has a religious objection to issuing the licenses. While this is certainly a creative interpretation, Davis offers no legal precedent to support it.
This proposal also has adverse consequences for Judge Blevins. If he began issuing marriage licenses while Davis continued to perform her other duties as Rowan County Clerk, he would likely be exceeding the scope of his office.
#164. To: SOSO, nolu chan, sneakypete, Liberator, redleghunter (#158)
#165. To: TooConservative (#163)
This would be harsher because it might lead to Davis sitting in jail for months and losing her office and income.
#166. To: nolu chan (#160)
It appears the only timely and reasonable solution to this conflict is a legislative one. So for that reason, I respectfully request that you immediately call an extraordinary session of the General Assembly to address the issues that have been caused in this transition from traditional marriage being re-defined to include same-sex couples.
#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.
#170. To: TooConservative (#161)
I think the KY legislature is recessed for the season.
#171. To: TooConservative (#161)
Maybe the AG, a Dem named Conway, could have acted, probably only to remove her from office. This seems the only legal remedy immediately available.
#172. To: TooConservative, SOSO (#162)
I hadn't read that.
#173. To: TooConservative (#163)
Bunning could have jailed her until she complied or resigned. This would make her office legally vacant which would have allowed Judge Blevins to issue licenses. Alternatively, another deputy clerk, the senior or most qualified in the office, would become interim acting clerk.
#174. To: SOSO (#166)
She did not ask for an accomodation until AFTER she was jailed.
12 August 2015, Judge Bunning MEMORANDUM OPINION AND ORDER, page 13:
However, Davis asks the Court to deem her “absent,” for purposes of this statute, because she has a religious objection to issuing the licenses. While this is certainly a creative interpretation, Davis offers no legal precedent to support it.
#175. To: SOSO (#167)
Governor Steve Beshear says Rowan Co. marriage licenses are legal
#176. To: TooConservative, SOSO (#168)
Oregon Judge Refuses To Perform Same-Sex Marriages
Deputy Politics Editor, The Huffington Post
Posted: 09/04/2015 03:39 PM ED Ohio Judge Refuses To Marry Same-Sex Couple
Published July 8, 2015, 2:54 PM EDT Tennessee judge denies straight couple divorce, citing gay marriage ruling
#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.
#178. To: SOSO (#167)
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?
#179. To: nolu chan (#173)
Being held in contempt does not make Davis' office vacant. She was always the Clerk, and upon release, she is going back to the office as the Clerk.
#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.
#181. To: TooConservative (#179)
I think Bunning's solution will hold for the interim and the legislature will then enact changes with retroactive provisions to keep the Rowan County licenses legal. In the meantime, the KY AG will run interference and stall if necessary until the new legislation is enacted on an emergency basis sometime next spring.
It would be the no-fuss solution. And Davis would keep her office.
The legislature does have other options. They could also allow a clerk from a neighboring county to travel to a courthouse with an objecting clerk like Davis to write a license or record a certificate. If the applicants don't want to wait a few hours or so for the other clerk to arrive, then they could just go to a neighboring county.
Dislike it as much as you want but Bunning's way seems to be the least harmful since Davis won't lose her office and Kentucky's political scene won't get disrupted for the interim.
#182. To: TooConservative (#180)
There is that Deputy in Davis' office who stated he would not issue licenses to same-sex couples. No problem.
#183. To: TooConservative, nolu chan (#180)
(Edited)
Davis doesn't believe in sodomy marriage but a little nepotism doesn't ruffle her feathers.
Mr. Bunning and Kentucky's other U.S. senator, Republican Mitch McConnell of Louisville, recommended that President Bush nominate [35 year old] David Bunning for the federal bench.
#184. To: nolu chan, TooConservative (#173)
Bunning could jail her on contempt. That does not make anyone else the Clerk, it does not give anyone the power to issue licenses, nobody claimed to possess such power, and nobody issued licenses using said imaginary power until order to do so by a judge.
#185. To: nolu chan, TooConservative (#175)
#186. To: nolu chan, TooConservative (#185)
Any clerk who knowingly issues a marriage license in violation of KRS Chapter 402 shall be guilty of a Class A misdemeanor. Any clerk who knowingly issues a marriage license to any persons prohibited by KRS Chapter 402 from marrying shall be fined $500 to $1,000 and removed from office by the judgment of the court in which convicted (KRS 402.990).
#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.
#188. To: SOSO (#184)
You don't know that, there are always succession plans or contingency plans (e.g. - the incumbant gets hit by a truck or is shot dead or dies from eating peanuts or runs off to Argentina with a lover or simply formally or informally walks away from office).
#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.
#190. To: SOSO (#185)
Do you really believe that the Deputy Clerks are putting their ass on the line by issuing marriage license for the County?
#191. To: nolu chan (#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?
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