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KY County Clerk Refusing To Issue Marriage Licenses Taking Complaint To SCOTUS

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Offline Athos_131

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Kentucky clerk takes same-sex marriage license battle to US supreme court

I would have said she hasn't got a snowball's chance in Hell, but after the Hobby Lobby decision I'm afraid all bets are off.

#BlackLivesMatter
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Offline MissBarbara

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Kentucky clerk takes same-sex marriage license battle to US supreme court

I would have said she hasn't got a snowball's chance in Hell, but after the Hobby Lobby decision I'm afraid all bets are off.


Love the picture! Knowing the Guardian, I'm sure it was a careful choice.  ;)

My favorite part:

"Her attorney, Jonathan D Christman, wrote that forcing her to issue licenses is akin to forcing a person who objects to war into the battlefield, or forcing a person against capital punishment to carry out an execution."

Um, no, it's not even remotely akin to that.

She should be jailed and fined for contempt.






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Offline Piper-Dreams

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Kentucky clerk takes same-sex marriage license battle to US supreme court

I would have said she hasn't got a snowball's chance in Hell, but after the Hobby Lobby decision I'm afraid all bets are off.

There isn't a split so there isn't much chance they will even hear it. Plus they have turned down other request like this already. She's just looking to get the Court to hold her in contempt is all. Makes her look like a martyr. The best thing to do would be for the Court to simply strip her of her powers. That doesn't give her the same victory.
« Last Edit: August 29, 2015, 08:53:40 PM by Piper-Dreams »



ChirpingGirl

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I'm getting legally married in October and I don't give a damn who doesn't like it.

Just let this go already :roll: Of all the problems we have in this country and the world this is nowhere near the worst of them. Not even on the list.



Offline Elizabeth

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Isn't this a double edged sword.??
She's using her religious beliefs to stop same sex marriage.
But by using her beliefs, she is in fact forcing her beliefs on others that don't share her same values. She is in fact doing exactly what she is opposed to (forcing others to share her beliefs and only her beliefs/values).

Love,
Liz



ChirpingGirl

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Isn't this a double edged sword.??
She's using her religious beliefs to stop same sex marriage.
But by using her beliefs, she is in fact forcing her beliefs on others that don't share her same values. She is in fact doing exactly what she is opposed to (forcing others to share her beliefs and only her beliefs/values).

Love,
Liz


I don't know if religion really has anything to do with it, rather the desire to just be a control freak and use organized religion as an aid.



Offline Katiebee

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No one made he work for the government. If she isn't going to abide by the law, she should resign. She can be a bigot on her own time.

There are three kinds of people in the world. Those who can count, and those who can't.


Offline Piper-Dreams

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No one made he work for the government. If she isn't going to abide by the law, she should resign. She can be a bigot on her own time.


Preach it sister.



Offline MissBarbara

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Isn't this a double edged sword.??

She's using her religious beliefs to stop same sex marriage.

But by using her beliefs, she is in fact forcing her beliefs on others that don't share her same values. She is in fact doing exactly what she is opposed to (forcing others to share her beliefs and only her beliefs/values).


You're right -- and that's an excellent point!






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Offline thetaxmancometh

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This is why the government should be out of the "marriage" business altogether.

Also, if a private business owner refuses to act because of their religious beliefs, that is one thing. If an employee of any company/employer (including the government) refuses to follow company/employer policy, that is something else.



Offline Piper-Dreams

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http://www.huffingtonpost.com/entry/supreme-court-kim-davis-marriage-licenses_55e4e883e4b0c818f618f235?ncid=fcbklnkushpmg00000013&section=politics



We shall see where she goes from here now. I'm going to guess that she will still turn couples down though.



Offline thetaxmancometh

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She will refuse and get fired, as she should be.

She doesn't work for a private business and doesn't have the personal protections that provides. If she is unhappy with the stance of her employeer... she quits or gets fired.



Offline Piper-Dreams

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She will refuse and get fired, as she should be.

She doesn't work for a private business and doesn't have the personal protections that provides. If she is unhappy with the stance of her employeer... she quits or gets fired.


She can't be fired as she is an elected official. And given the fact that the legislature is Republican she would never be impeached for it. Likely the judge will either hold her in contempt or empower others in her office to issue licenses without her say so. This would of course create another Court challenge for the state to waste their money on.



Offline thetaxmancometh

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Ah, I didn't realize she was elected. She can be impeached then or the judge can throw her in jail for contempt of court. I am not sure that anything else can be done.



Offline Piper-Dreams

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Ah, I didn't realize she was elected. She can be impeached then or the judge can throw her in jail for contempt of court. I am not sure that anything else can be done.

http://news.yahoo.com/clerk-issue-gay-marriage-licenses-court-ruling-083217111.html

She is going to be found in contempt of course. If the Judge is smart he will just say that the alternate judge in the office has the power to issue licenses. It would simply deny her the ability to become a martyr.



Offline thetaxmancometh

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I am not sure a judge has the power to say that someone else can issue the licenses. She is elected and her powers are granted to her by the state ( state constitution or state law, didn't bother to look up which)..... the judge has no power to reassign that to someone. My guess would be that there are simply not going to be any licenses issues until she leaves office for ANYONE.



Offline Piper-Dreams

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I am not sure a judge has the power to say that someone else can issue the licenses. She is elected and her powers are granted to her by the state ( state constitution or state law, didn't bother to look up which)..... the judge has no power to reassign that to someone. My guess would be that there are simply not going to be any licenses issues until she leaves office for ANYONE.


That might be the case, but it would require the appeals Court to step in to say so. The other option is jailing her which would mean her alternate would be in charge of licenses. Either which way she is going to lose.



Offline MissBarbara

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Supreme Court says Kentucky clerk can't deny same-sex marriage licenses

The Supreme Court on Monday rejected a Kentucky county clerk's request for permission to deny marriage licenses to same-sex couples due to her religious beliefs. The ruling does not end the challenge by the clerk, Kim Davis, but it means that she will have to start issuing the licenses, or face the possibility of being held in contempt, which could mean daily fines and even jail time. Davis, an Apostolic Christian, stopped issuing all marriages licenses after the court's June 26 decision saying gay couples had a constitutional right to marry.


http://www.usatoday.com/story/news/2015/08/31/supreme-court-gay-marriage-licenses/71463760/






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Offline thetaxmancometh

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Ya MB, Piper posted that yesterday.

Piper, you seem to have read more on this then I have... does she HAVE an alternate who could issue licenses?



Offline Piper-Dreams

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Ya MB, Piper posted that yesterday.

Piper, you seem to have read more on this then I have... does she HAVE an alternate who could issue licenses?

Yes, but the way the law is set up he can only issues them if she is not present in the office. Since she is always present his hands are basically tied. He has said that he is inclined to issue the licenses.