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

[MissBarbara]

It looks like they have tossed her ass in jail because folks were paying her fines for her.  Accordingly, the Judge felt that he had to punish her in some other way.

I respect that she feels that same sex marriage is wrong.  But freedom of religion does not mean imposing your religious beliefs on others. We have separation of church and state in this country for a reason.

If she felt she could not do the job because of this issue she should have resigned.

Even crazier was the fact that he offered to let her out if she would agree to not interfere with her deputies issuing licenses, and she refused. She hasn't resigned because of dat pay I'm sure. In Kentucky 80 k a year is a nice healthy salary. It probably doesn't hurt that her Mother was the clerk before her, or that her son also works there as well.

Lois is exactly right: If she had any integrity in her beliefs, she would have resigned. Proceeding in this manner demonstrates she's a hypocrite, and a coward.

The other day the NY Times did an analysis, based on food prices and housing costs, of what her $80,000 salary in that part of Kentucky would equate to in NY City. They determined: $225,000.

And, as she sits in prison, she's still getting paid...

[thetaxmancometh]

That just shows that NYC is crazy expensive, we already knew that.

I heard her lawyer on the radio trying to use the "reasonable accommodation" argument, saying that she is willing to file but not to have her name on the document. If that is all, sounds like a reasonable accommodation.

[Piper-Dreams]

That just shows that NYC is crazy expensive, we already knew that.

I heard her lawyer on the radio trying to use the "reasonable accommodation" argument, saying that she is willing to file but not to have her name on the document. If that is all, sounds like a reasonable accommodation.

Her latest appeal is asking the 6th Circuit to force the Governor to exempt her. She is seriously beginning to look like an idiot now.

[Shlong Connery]

Exempt her from what. She swore an oath to uphold the law. She wants to be exempt from it?

[thetaxmancometh]

Agreed, exempt her from what?

[Piper-Dreams]

Agreed, exempt her from what?

From having to issue marriage licenses to same sex couples. It's an uphill battle since the Court didn't think her original appeal would win.

[thetaxmancometh]

She wants to be exempted from signing, not filing, correct? Basically she doesn't want to endorse gay marriage but is still willing to file it and have it legally apply?

[Katiebee]

Agreed, exempt her from what?

From having to issue marriage licenses to same sex couples. It's an uphill battle since the Court didn't think her original appeal would win.

that is a no-go. The County Clerk is the signature on he license indicating it was legally and properly filed with the government. She doesn't want to execute her duties, all of her duties, she MUST resign.

[thetaxmancometh]

Perhaps, perhaps not. Keep in mind I think she should resign so this is something of a devil's advocate position.

Your position is that if she refuses to follow the duties that she is sworn to do, she should resign. Obama openly stated that he will not enforce all the laws of the land, as he is sworn to do (illegal immigration not being enforced on non-felony illegals), should he resign? Presidents have historically chosen to not enforce certain laws and they were never forced to resign over it, why is she different?

[GEMINIGUY]

MissBarbara called her a coward. It takes a lot of guts to be willing to make a fool of yourself in public, so I don't think she's a coward.

[ChirpingGirl]

MissBarbara called her a coward. It takes a lot of guts to be willing to make a fool of yourself in public, so I don't think she's a coward.

She probably thinks she's a prophet or some crazy shit. People like her are more dangerous than they appear. She wants to appear to be a martyr of some kind, a victim of religious oppression against the constantly victimized Christians. She should probably stay locked up for our safety.

[MissBarbara]

MissBarbara called her a coward. It takes a lot of guts to be willing to make a fool of yourself in public, so I don't think she's a coward.

That's a very fair point, GG.

[Piper-Dreams]

Agreed, exempt her from what?

From having to issue marriage licenses to same sex couples. It's an uphill battle since the Court didn't think her original appeal would win.

that is a no-go. The County Clerk is the signature on he license indicating it was legally and properly filed with the government. She doesn't want to execute her duties, all of her duties, she MUST resign.

In a perfect world that would happen, but she won't give anyone the satisfaction. I never understood why simplistic jobs like County Clerks were up for election anyway.

[thetaxmancometh]

http://www.foxnews.com/politics/2015/09/08/jailed-kentucky-clerk/?intcmp=hpbt1

She is released from jail.

Bunning lifted that order Tuesday, allowing her to be released. He said the court is "satisfied" that since last week, the clerk's office has been issuing marriage licenses "to all legally eligible couples" -- those licenses have been issued by Davis' deputy clerks.

[Piper-Dreams]

http://www.foxnews.com/politics/2015/09/08/jailed-kentucky-clerk/?intcmp=hpbt1

She is released from jail.

Bunning lifted that order Tuesday, allowing her to be released. He said the court is "satisfied" that since last week, the clerk's office has been issuing marriage licenses "to all legally eligible couples" -- those licenses have been issued by Davis' deputy clerks.

How long before she interferes you think?

[thetaxmancometh]

Perhaps never as long as she isn't required to sign them. That seemed to be her sticking point.

[Piper-Dreams]

Perhaps never as long as she isn't required to sign them. That seemed to be her sticking point.

She's not being forced to do so. The Judge is allowing her deputies to act in her behalf without her signing them. Even that seems too much for her to allow though. Her new argument is that she should be allowed to deny them because her name is physically printed on certificate as the Clerk of Rowan county.

[thetaxmancometh]

Well, again, I don't think that the judge can legally change the law to allow her deputies to act on her behalf. That said, either the law needs to be changed quickly or she needs to step down.

[Piper-Dreams]

Well, again, I don't think that the judge can legally change the law to allow her deputies to act on her behalf. That said, either the law needs to be changed quickly or she needs to step down.

With the Democrats in control of the Kentucky house and Governors mansion I am not sure you will see a law change. Legally speaking a judge has broad authority in which to force compliance with the law.  If she isn't willing to perform her job then it falls to her deputies. Whether or not an Appeals Court would agree with him is up to interpretation. However, if three Conservative Courts already struck down her opinion, then it doesn't bode well for her future arguments.

[thetaxmancometh]

A judge has broad powers, but they do not have the power to make law. If the law says that she has to sign the document for it to be legal then she has to sign it in order for it to be legal. They can't decide that it is ok for a judge or her assistants or the governor to sign it.... they can determine wheither or not a law is followed/broken, they can't make up new laws.