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United States News
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Title: Altered licenses concern Rowan deputy clerk
Source: The Courier-Journal
URL Source: http://www.courier-journal.com/stor ... n-rowan-deputy-clerk/72413150/
Published: Sep 18, 2015
Author: Mike Wynn
Post Date: 2015-09-19 00:06:34 by nolu chan
Keywords: None
Views: 1318
Comments: 21

Altered licenses concern Rowan deputy clerk

Mike Wynn
The Courier-Journal
5:06 p.m. EDT September 18, 2015

Rowan County Clerk Kim Davis may have interfered with a federal court order when she heavily modified marriage licenses to remove her name, an attorney for one of Davis' deputies warned in a filing Friday.

Deputy Clerk Brian Mason began providing the forms to couples earlier this month while Davis remained in jail, and he has continued to give them out following her release.

However, he is concerned that changes to the licenses have resulted in "substantial questions about validity," Richard Hughes, an attorney for Mason, wrote Friday.

"I discussed with Mr. Mason in my opinion he had done nothing wrong and is continuing to follow his sworn testimony to the court, however it also appears to this counsel those changes were made in some attempt to circumvent the court's orders and may have raised to the level of interference against the court's orders," Hughes wrote.

U.S. District Judge David Bunning warned Davis not to interfere with deputies when he released her from custody, but she altered the marraige licenses in several places when she returned to work the following week.

The changes removed any mention of Davis' name or her office, and the form now states that it was issued pursuant to a federal court order rather than the county clerk. Mason also now initials the paperwork as a notary rather than a deputy clerk.

Friday's filing says that Mason finds himself in a difficult position.

"Mr. Mason's concern is he does not want to be the party that is issuing invalid marriage licenses and he is trying to follow the court's mandate as well as his superior ordering him to issue only these changed forms," Hughes wrote.

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#1. To: nolu chan (#0)

{Yawn}

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-19   0:09:49 ET  Reply   Trace   Private Reply  


#2. To: SOSO (#1)

https://assets.documentcloud.org/documents/2427509/mason-filing.pdf

Case: 0:15-cv-00044-DLB Doc #: 114 Filed: 09/18/15 Page: 1 of 3 - Page ID#: 2293

UNITED STATES DISTRICT COURT
EASTERN DIVISION OF KENTUCKY
NORTHERN DIVISION
CASE NO. 15-CV-00044-003

MILLER, et al., PLAINTIFF,
VS.
DAVIS, et al., DEFENDANT.

NOTICE

Comes now the Hon. Richard A. Hughes, counsel for the Defendant Brian Mason, and CJA having been appointed to represent him in the above styled matter, pursuant to the order of September 8, 2015, makes the following report.

Mr. Mason informs me and the record confirms such, that he has issued the appropriate marriage licenses for same-sex marriage pursuant to the court's orders, and has continued to do so in light of changes that had been made by the Clerk, Ms. Davis. He is the only deputy clerk that is doing so by mutual agreement between the others wherein Mr. Mason agreed he would take care of those matters himself if it would ease the stress of the situation, although they all stand ready to do so in his absence as they had promised the court.

On September 14, 2015 Ms. Davis came into their office and he tells me the following: Kim Davis came to the office and confiscated all the original forms, and provided a changed form which deletes all mentions of the County, fills in one of the blanks that would otherwise be the County with the Court's styling, deletes her name, deletes all of

Case: 0:15-cv-00044-DLB Doc #: 114 Filed: 09/18/15 Page: 2 of 3 - Page ID#: 2294

the deputy clerk references, and in place of deputy clerk types in the name of Brian Mason, and has him initial rather than sign. There is now a notarization beside his initials in place of where otherwise signatures would be.

I discussed with Mr. Mason in my opinion he had done nothing wrong and is continuing to follow his sworn testimony to the court, however it also appears to this counsel those changes were made in some attempt to circumvent the court's orders and may have raised to the level of interference against the court's orders. Mr. Mason is concerned because he is in a difficult position that he continues to issue the licenses per the court's order, but is issuing licenses which had some remote questionable validity, but now with these changes may in fact have some substantial questions about validity.

It is part of this report to notify the court of the changes and it is expected there will be other parties to the action that will bring a request to this court for a review on whether or not her actions are against the orders of the court and the likelihood that the validity of these marriages licenses would have to be entertained if not in federal district court, state courts. Again Mr. Mason's concern is he does not want to be the party that is issuing invalid marriage licenses and he is trying to follow the court's mandate as well as his superior ordering him to issue only these changed forms and only with initials and only as notarized, which in the last example I have seen are not even notarized. To date, upon the filing of this report the circumstances remain the same, and counsel addresses this court with the newest information he has available.

Case: 0:15-cv-00044-DLB Doc #: 114 Filed: 09/18/15 Page: 3 of 3 - Page ID#: 2295

RESPECTFULLY SUBMITTED,

/s/Richard A. Hughes
HON. RICHARD A. HUGHES
ATTORNEY AT LAW
P. O. BOX 1139
ASHLAND, KY. 41105
(606) 325-3399

NOTICE

All parties please take notice the foregoing motion shall be brought before this honorable court at it's earliest convenience.

CERTIFICATION

The above styled motion was mailed, postage prepaid, or hand delivered to the following:

Counsel of record

This the 18th day of September, 2015.

/s/Richard A. Hughes
HON. RICHARD A. HUGHES

nolu chan  posted on  2015-09-19   15:03:44 ET  Reply   Trace   Private Reply  


#3. To: nolu chan (#2)

Kimmey in BIGG HEAP DOO_DOO.

buckeroo  posted on  2015-09-19   15:17:23 ET  Reply   Trace   Private Reply  


#4. To: buckeroo, nolu chan (#3)

Kimmey in BIGG HEAP DOO_DOO.

She has a right to do what she is doing. However I hope that they throw her ass in jail again if she in fact is interferring with the issuance of the licenses in any way.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-19   15:26:35 ET  Reply   Trace   Private Reply  


#5. To: SOSO, nolu chan (#4)

She has a right to do what she is doing.

No, Kimmey has no "right" other than acting as a free citizen independent of receiving a paycheck from the People of Kentucky. However, she is an officer of the Rowan County and has imposed her POWER to usurp the laws and orders of the state.

She is in DEEP DOO_DOO.

buckeroo  posted on  2015-09-19   15:35:06 ET  Reply   Trace   Private Reply  


#6. To: buckeroo, nolu chan (#5)

No, Kimmey has no "right" other than acting as a free citizen independent of receiving a paycheck from the People of Kentucky. However, she is an officer of the Rowan County and has imposed her POWER to usurp the laws and orders of the state.

Of course she has a right not to do her job if she is willing to take the consequences.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-19   15:37:31 ET  Reply   Trace   Private Reply  


#7. To: SOSO (#6)

Oh no, she did not exercise a "right"; she exercised POWER by imposing personal bias and predjudice while exercising her official duties. That is a NONO. She is a goner one way or another.

buckeroo  posted on  2015-09-19   15:43:00 ET  Reply   Trace   Private Reply  


#8. To: buckeroo (#7)

Everyone has the right to choose not to do their job and face the consequences thereof.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-19   16:15:13 ET  Reply   Trace   Private Reply  


#9. To: SOSO (#8)

Kimmie, the multi-divorcee of three tymes should quit her recent job as county clerk if she doesn't like or care for the laws/rules/regulations she is supposed to uphold. It is that simple: she can't do her job, so she should quit.

buckeroo  posted on  2015-09-19   16:22:44 ET  Reply   Trace   Private Reply  


#10. To: buckeroo (#3)

Kimmey in BIGG HEAP DOO_DOO.

From who? She ain't skeered of you, buck.

nolu chan  posted on  2015-09-19   18:20:59 ET  Reply   Trace   Private Reply  


#11. To: SOSO, buckeroo (#6)

Of course she has a right not to do her job if she is willing to take the consequences.

It's more like she has the right to refuse to violate the religious dictates of her conscience but must accept the possible consequences.

The entire world is aware of the form and what is transpiring, and the whole thing is publicly endorsed by the court, and the governor says ok. And the Deputy, proceeding under orders, has no legal worries. And the world was assured these forms were perfectly valid. What could possibly go wrong?

nolu chan  posted on  2015-09-19   18:37:42 ET  Reply   Trace   Private Reply  


#12. To: nolu chan, buckeroo (#11)

What could possibly go wrong?

Nothing other than her ass gets tossed back into jail.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-19   19:09:47 ET  Reply   Trace   Private Reply  


#13. To: SOSO, buckeroo (#12)

Nothing other than her ass gets tossed back into jail.

And you must realize that the only reason to throw her back in jail is to hold that the licenses are invalid.

The only justification to hold her in jail is the expectation that being in jail will succeed in making her change her mind about having licenses issued by her office by her authority. And if it becomes apparent that she will not change her mind, habeas corpus to the rescue. She was in jail on civil contempt only.

Deputy Brian Mason altered the forms while Clerk Kim Davis was in jail. His alteration made forms that said they were issued by Rowan County rather than Kim Davis.

http://fox59.com/2015/09/20/kim-davis-may-have-invalidated-marriage-license-forms-deputy-clerk-says/

"But Bunning’s new order said Davis cannot interfere with her deputies issuing marriage licenses to all legally eligible couples.

Bunning noted that a license issued while she was behind bars had been “altered so that ‘Rowan County’ rather than ‘Kim Davis’ appears on the line reserved for the name of the county clerk.”

Bunning said he had no objections to those changes. The judge didn’t address the changes mentioned in Mason’s filing, such as the notarization and the initials replacing the signature.

Why, if I did not know better, I would say the Clerk and the Deputy are a tag team screwing with the court.

nolu chan  posted on  2015-09-21   15:06:17 ET  Reply   Trace   Private Reply  


#14. To: nolu chan, buckeroo (#13)

Nothing other than her ass gets tossed back into jail. And you must realize that the only reason to throw her back in jail is to hold that the licenses are invalid.

Not at all. If she continues to refuse to do her job and/or she interfers with the Deputies from doing theirs, off she goes.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-21   15:27:38 ET  Reply   Trace   Private Reply  


#15. To: nolu chan (#13)

Why, if I did not know better, I would say the Clerk and the Deputy are a tag team screwing with the court.

Then they should have a pretty good party in jail with each other.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-21   15:29:13 ET  Reply   Trace   Private Reply  


#16. To: SOSO (#14)

Not at all. If she continues to refuse to do her job and/or she interfers with the Deputies from doing theirs, off she goes.

Refusing to do her state job is not a federal offense. That would be 18 U.S.C. ??

If the licenses are valid, then she is not in violation of any court order. No license has been rejected, and no plaintiff has complained. Nothing has officially happened to declare the licenses invalid.

nolu chan  posted on  2015-09-21   16:58:01 ET  Reply   Trace   Private Reply  


#17. To: SOSO (#15)

Then they should have a pretty good party in jail with each other.

Dream on.

nolu chan  posted on  2015-09-21   16:58:37 ET  Reply   Trace   Private Reply  


#18. To: nolu chan (#16)

If the licenses are valid, then she is not in violation of any court order. No license has been rejected, and no plaintiff has complained. Nothing has officially happened to declare the licenses invalid.

I believe that she publically claimed that they are invalid, no?

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-21   18:10:31 ET  Reply   Trace   Private Reply  


#19. To: nolu chan (#17)

Then they should have a pretty good party in jail with each other.

Dream on.

I don't want to see them in jail, any of them. But they are a bunch of motons to think that any court, Federal or State or City or Municipality, is going to allow a County or any other duly authorized government entity to refuse to issue marriage licenses to gays while at the same time continue to issue licenses to opposite sex couples.

Now it is entirely possible that the KY legislature will change the state law on designate an entity other than the County Clerk Office to issue those licenses or even to get the state out of issuing marriage license altogether. But until then Davis and whatever co-conspirators she has in her Office are acting like a bunch of morons and giving a bad name to those of us that do not support gay marriage for what ever reason.

If it were up to me I'd do away with the term marriage and have the state issue a license for or sanction of a Civil Union which is exactly what a civil marriage is. I would also have all of the religions get out of the marriage business altoghether and conduct a religious ceremony called Holy Union between an man and a woman(or whatever a church wishes to call it).

Using the term marriage to refer to both a civil union and a religious undertaking confuses the issue. No matter how you cut it a couple wishing to get the blessing or sacrament of marriage from their church must first get a state issued and recognized marriage license.

потому что Бог хочет это тот путь

SOSO  posted on  2015-09-21   18:24:35 ET  Reply   Trace   Private Reply  


#20. To: SOSO (#18)

I believe that she publically claimed that they are invalid, no?

Yeah, and the judge, the governor and the AG said they were valid. I rather doubt Judge Bunning is now going to find them invalid, overruling himself, the governor and the state AG.

Four deputy clerks besides Brian Mason filed their reports on Monday. They do not report any difficulties in the issuing of marriage licenses, except for one.

A man came in and wanted a license to marry Jesus. It was denied because both parties were not present. The man claimed that Jesus is always present.

Also:

http://www.chron.com/news/us/article/4-deputy-clerks-No-eligible-couples-denied-6519796.php

Gay couples want Kentucky clerk to reissue marriage licenses

Updated 9:25 pm, Monday, September 21, 2015

FRANKFORT, Ky. (AP) — Gay couples in Kentucky are questioning the altered marriage licenses issued by a county clerk and are asking a federal judge to order her office to reissue them or put the office in receivership and have someone else do it.

Rowan County Clerk Kim Davis spent five days in jail for disobeying a federal court order to issue licenses to gay couples. When she returned to work last week, she altered the license forms to say they were issued under the authority of the federal court instead of her office. Monday, lawyers for the American Civil Liberties Union asked the judge to force Davis' office to reissue the licenses.

Davis' lawyer Mat Staver noted Kentucky's governor said the state would recognize the altered licenses. He said the ACLU's motion was designed to punish Davis for her religious beliefs.

Note that the altered marriage licenses were not issued by a county clerk, but by a deputy clerk. The licenses being spoken of are likely those altered by the deputy clerk and issued while Kim Davis was in jail. Those are the ones issued to the parties in the only case before the court.

It may get interesting when somebody gets married, if they find an official willing to perform tie the knot based on one of these forms, and the form gets returned to Kim Davis.

nolu chan  posted on  2015-09-22   0:17:51 ET  Reply   Trace   Private Reply  


#21. To: SOSO (#19)

I don't want to see them in jail, any of them. But they are a bunch of motons to think that any court, Federal or State or City or Municipality, is going to allow a County or any other duly authorized government entity to refuse to issue marriage licenses to gays while at the same time continue to issue licenses to opposite sex couples.

They have never done that. They have issued licenses to all or nobody. They might be morons but their legal advisors are not stupid. They are not about to create federal jurisdiction over a discrimination claim. If the state of Kentucky were of a mind to do something, they could do it. They can stall until next year. The legislature is out of session.

Now it is entirely possible that the KY legislature will change the state law

That is almost definite as it now prohibits same-sex marriage. It mandates a form for opposite sex marriage only. The governor dictated a changed form, but that authority actually rests with the legislature.

I suppose a religious organization could issue a form that it has performed the Holy Sacrament of Marriage.

No matter how you cut it a couple wishing to get the blessing or sacrament of marriage from their church must first get a state issued and recognized marriage license.

This is not really true. Without the state license, the marriage is not recognized by the government. It is needed for benefits and civil divorces.

Polygamists tend to get married by their church but not make a record of the proceedings. The government can find them living as a threesome or whatever, but that is not illegal.

nolu chan  posted on  2015-09-22   0:34:16 ET  Reply   Trace   Private Reply  


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