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9/01/2015 1:22 pm  #1


Elected county clerk takes law into her own hands

I just love it when I hear about vigilantes disregarding the law of the land and invoking their own rule of law. First we had the "oath keepers" and now we have an elected clerk defying the Supreme Court and applying her personal higher morality interpretation of codified law to trump (pun intended) our society's established mandated law.

What kind of elected official, who probably took some oath of office (you "oath keepers" out there know what I'm talking about) to obey and defend the established laws of the legal entity that pays her salary, and then refuses to obey those laws, or oath, or court mandate, when it doesn't agree with her personal viewpoint? She should be immediately fired for dereliction of duty or failure to perform her job.

Our society is falling apart due to incidents like this.



By Steve Bittenbender

(Reuters) - A Kentucky county clerk, defying a new U.S. Supreme Court decision and citing "God's authority," rejected requests for marriage licenses from same-sex couples on Tuesday in a deepening legal standoff now two months old.

Citing her religious objections, Rowan County Clerk Kim Davis has refused to issue any marriage licenses since the Supreme Court in June ruled that same-sex couples had the right to marry under the U.S. Constitution.

On Monday the same court rejected Davis' request for an emergency order allowing her to deny marriage licenses to same-sex couples while she appeals a federal judge's order requiring her to issue them.

Eight people filed a federal lawsuit against Davis in July challenging her office's policy of not issuing marriage licenses to any couples – gay or straight.

The couples on Tuesday filed a motion asking U.S. District Judge David Bunning to hold Davis in contempt of court, seeking fines but no jail time for the clerk. They also filed a motion asking the judge to clarify that Davis must issue licenses to everybody, not just the four couples in the case.

While issues related to gay marriage have risen in courts in several states, the American Civil Liberties Union said the organization was unaware of any other U.S. county clerk refusing to issue same-sex marriage licenses.

"The vast majority of the country has been in compliance with the law without incidence. She's an outlier,” ACLU national spokeswoman Allison Steinberg said of Davis.

During a call with attorneys for both sides, Bunning ordered Davis and her deputies to appear in federal court in Ashland, Kentucky, on Thursday, said Joe Dunman, attorney for one of the couples who had sued.

Last month the judge said Davis had to live up to her responsibilities as county clerk despite her religious convictions.

Dunman said Davis' office rejected a request on Tuesday for a marriage license from same-sex couple April Miller and Karen Ann Roberts, his clients.

Will Smith and James Yates, another same-sex couple, also were denied a license on Tuesday, their attorney Kash Stilz said. A third same-sex couple, David Ermold and David Moore, also were denied a license.

"We were denied again," Moore said in a text message. "We spoke with Kim again and it was a very heated exchange."

'UNDER GOD'S AUTHORITY'

Neither Davis' office nor her attorneys could be reached immediately for comment, but Kentucky Public Radio quoted her as saying on Tuesday that she made the decision to continue denying marriage licenses "under God's authority."

Davis also told a gay couple she turned away, "I just want you all to know that we are not issuing marriage licenses today," according to the Louisville Courier-Journal.

Miller said an official in the clerk's office told Miller and her partner that Davis would go on denying marriage licenses pending an appeal to the 6th U.S. Circuit Court of Appeals.

Outside the office in Morehead, Kentucky, large crowds supporting both sides on the issue gathered and chanted slogans.

Those supporting the rights of the same-sex couples chanted, "What do we want? Equality," said Chris Hartman, director of the Louisville-based Fairness Campaign. On the other side, backers of Davis included a person dressed as a Revolutionary War patriot.

Bunning previously issued a preliminary injunction requiring the clerk to issue marriage licenses, but stayed that pending her appeal to the appeals court, which then rejected her request for a permanent stay saying she had little chance of prevailing.

A spokeswoman for Kentucky Attorney General Jack Conway said on Monday that his office is reviewing a request for a special prosecutor to determine if Davis committed official misconduct. She said on Tuesday morning a final decision had yet to be made.

Official misconduct is a misdemeanor punishable by up to 365 days in jail, the spokeswoman said.

Davis says that to approve marriage licenses for same-sex applicants would violate her deeply held religious belief that matrimony is between one man and one woman.

 

9/01/2015 1:30 pm  #2


Re: Elected county clerk takes law into her own hands

Throw her in jail for contempt.


We live in a time in which decent and otherwise sensible people are surrendering too easily to the hectoring of morons or extremists. 
 

9/01/2015 2:39 pm  #3


Re: Elected county clerk takes law into her own hands

Jail time, fines, fire her for refusing to do her job and forget her.  Her 15 minutes are up.

 

9/01/2015 2:52 pm  #4


Re: Elected county clerk takes law into her own hands

I can't understand why she was fired ASAP by the employer. The other side of this is why isn't her employer being held in contempt of court as a party to the contempt? 

 

9/01/2015 3:11 pm  #5


Re: Elected county clerk takes law into her own hands

I can't help but wonder the reaction to all of this if it was a Muslim clerk who refused to grant a marriage license to a Christian couple based on his/her religious belief.

 

9/01/2015 3:25 pm  #6


Re: Elected county clerk takes law into her own hands

And the Oscar for Biggest Drama Queen goes to...


If you make yourself miserable trying to make others happy that means everyone is miserable.

-Me again

---------------------------------------------
 

9/01/2015 5:17 pm  #7


Re: Elected county clerk takes law into her own hands

Public officials take an oath to uphold the law, whether or not they personally agree with that law.

Too bad that AG Kathleen Kane was not held to that standard when she abdicated her sworn duty to defent the Commonwealth and its Defense of Marriage Act against the ACLU because--as she said on camera--she personally disagreed with that law and sided with plaintiff.


Life is an Orthros.
 

9/01/2015 5:47 pm  #8


Re: Elected county clerk takes law into her own hands

Tarnation wrote:

Public officials take an oath to uphold the law, whether or not they personally agree with that law.

Too bad that AG Kathleen Kane was not held to that standard when she abdicated her sworn duty to defent the Commonwealth and its Defense of Marriage Act against the ACLU because--as she said on camera--she personally disagreed with that law and sided with plaintiff.

 

Gee . . . I thought we weren't supposed to derail topics.

What does the Kane debacle have to do with Rowan County Clerk Kim Davis' refusal to issue marriage licenses?

     Thread Starter
 

9/01/2015 6:30 pm  #9


Re: Elected county clerk takes law into her own hands

Too bad that AG Kathleen Kane was not held to that standard when she abdicated her sworn duty to defent the Commonwealth and its Defense of Marriage Act against the ACLU because--as she said on camera--she personally disagreed with that law and sided with plaintiff.

Did she do that for religious reasons?  I think you may be conflating two separate things here.




 

 

9/01/2015 6:35 pm  #10


Re: Elected county clerk takes law into her own hands

Just Fred wrote:

Too bad that AG Kathleen Kane was not held to that standard when she abdicated her sworn duty to defent the Commonwealth and its Defense of Marriage Act against the ACLU because--as she said on camera--she personally disagreed with that law and sided with plaintiff.

Did she do that for religious reasons?  I think you may be conflating two separate things here.

 

I understand what Tarnation is saying and I believe he is correct.

Public officials, regardless of the reason, whether it is for religious reasons or they disagree with law, must uphold the law.  Which means this clerk in Kentucky should uphold the law and issue marriage licenses and Kane should have defended the Commonwealth's DOMA.

Rongone's comparison of the "Oath Keeper's" to this clerk in Kentucky is conflating two separate things, since the "Oath Keepers" weren't elected to anything and as far as I am aware of, they didn't break any laws in Ferguson.

Last edited by Brady Bunch (9/01/2015 6:38 pm)

 

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