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Author Topic: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case  (Read 527 times)

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Offline J.R.E.

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http://www.nbcnews.com/news/us-news/supreme-court-rules-against-kentucky-clerk-gay-marriage-case-n419191


Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case

The U.S. Supreme Court late Monday rejected an appeal from a county clerk in Kentucky who said she could not issue marriage licenses to same-sex couples because of her religious objections.

Kim Davis, the clerk in Rowan County, Kentucky, "holds an undisputed sincerely held religious belief that marriage is a union between a man and a woman, only," her lawyers said in asking the court to block a lower court order directing her to issue the licenses.

But the Supreme Court denied her request without explanation in a brief one-line order. No dissents were noted, and the court acted without seeking a response from the state.

It was the first legal skirmish to reach the Supreme Court since it declared on June 26th that the Constitution guarantees gay couples the right to get married.

Immediately after that ruling, Kentucky's governor, Steve Beshear, ordered all the state's county clerks to comply with the decision and issue marriage licenses to same-sex couples.

Saying she did not want to discriminate, Davis stopped issuing all marriage licenses — to both same-sex and opposite sex couples — in the days after the landmark decision. Two gay couples and two straight couples sued her, arguing that her duties as an elected official required her to act, despite her personal religious beliefs.
Image: Kim Davis
Rowan County Kentucky Clerk Kim Davis speaks to a gathering of supporters during a Religious Freedoms Rally on the steps of the Kentucky State Capitol in Frankfort Ky., Saturday, Aug. 22, 2015. Timothy D. Easley / AP

A federal judge ordered her to issue the licenses, and last week the Sixth Circuit Court of Appeals agreed.

"It cannot be defensibly argued that the holder of the Rowan County Clerk's office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court," the appeals court said.

Davis' emergency request was directed to Justice Elena Kagan, who referred it to the full court for action.

"She's going to have to think and pray about her decision overnight. She certainly understands the consequences either way," Mat Staver, founder of the law firm representing Davis, told the Associated Press Monday, hours before a court-ordered delay in the case expired. "She'll report to work tomorrow, and face whatever she has to face."
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 As of 4/1/15,  t-cells are at 437,   Viral load remains <40

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Offline Joe K

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #1 on: August 31, 2015, 11:13:51 PM »
If she doesn't resign immediately, I hope the court throws her in jail and imposes huge fines, to show that you cannot flout the laws you claim, go against your faith.  She's shown herself to be one hateful woman and does not understand the obligations of her duty as county clerk.

Joe

Offline tednlou2

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #2 on: September 01, 2015, 12:32:54 AM »
This is a woman on her 4th marriage.  Jesus didn't say anything about gays, but did divorce.  But, it doesn't matter what her God said and didn't say.  I think she and the other clerk (both have last names of Casey, but not related apparently) want to get their book deals. 

It will now be interesting what happens tomorrow. I have a feeling she will continue to defy the orders.  The other clerk said he will go to jail and will die for his beliefs.  The county prosecutor has already begun to act.  We will see if they follow through.

Btw, since this is a federal court order, would the Justice Dept act, if the county and state do not?  It would seem they would have to, if the state didn't.

Offline Joe K

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #3 on: September 01, 2015, 10:54:08 AM »
She's still not going to issue any licenses.  Here's hoping she goes to jail and gets a huge fine for her bigotry.

http://www.nytimes.com/2015/09/02/us/same-sex-marriage-kentucky-kim-davis.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

Joe

Offline poz91

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #4 on: September 01, 2015, 01:03:56 PM »
She's also guilty of nepotism in violation of the KY Code of Ethics...

As was her mother who held the job before her.

They've apparently been running the government office like a family owned business for years with grandma, mom, and son all working there.

She and her family don't seem to mind violating their ethics and their oath of office for personal gain.

Offline J.R.E.

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #5 on: September 01, 2015, 06:50:46 PM »
Judge orders Rowan clerk to appear in court Thursday after she again denies marriage licenses /b]


http://www.kentucky.com/2015/09/01/4014743_rowan-county-clerk-continues-to.html?rh=1


 MOREHEAD — A federal judge has ordered Rowan County Clerk Kim Davis and her deputies to appear in his courtroom Thursday and explain why Davis should not be held in contempt of court for refusing to issue marriage licenses.

Shortly after opening her doors Tuesday, Davis told two same-sex couples who asked for marriage licenses that she would not issue them, despite a federal court injunction ordering her to do so.

In a brief but tense encounter between Davis and a couple dozen marriage-equality demonstrators who crowded into her office, the clerk repeatedly refused to comply with the court order.

"Under whose authority are you not issuing marriage licenses?" someone in the crowd asked Davis.

"Under God's authority," she responded.

"I'm willing to face my consequences and you all will face your consequences when it comes time for judgment," she said. "Plain and simple."

Davis, an Apostolic Christian, has refused to issue any marriage licenses in Rowan County since the U.S. Supreme Court legalized same-sex marriage June 26. U.S. District Judge David Bunning issued a preliminary injunction Aug. 12 ordering Davis to resume issuing licenses. She appealed to the 6th Circuit U.S. Court of Appeals and the Supreme Court, both of which denied her.

Lawyers for local couples who are suing Davis, demanding marriage licenses, quickly filed a motion Tuesday asking Bunning to find the clerk in contempt of court and fine her.

"Plaintiffs do not seek to compel Davis' compliance through incarceration," wrote William Sharp, legal director for the ACLU of Kentucky, which represents the couples.

"Since defendant Davis continues to collect compensation from the commonwealth for duties she fails to perform, plaintiffs urge the court to impose financial penalties sufficiently serious and increasingly onerous to compel Davis' immediate compliance without further delay," Sharp wrote.

Bunning responded by scheduling a contempt hearing for 11 a.m. Thursday at the U.S. District Courthouse in Ashland.

Separately, Attorney General Jack Conway continued to review a request from Rowan County Attorney Cecil Watkins, who wants a special prosecutor appointed to decide if Davis is guilty of official misconduct for failing to perform her public duties. The charge, a misdemeanor, could bring up to a year in jail.

Davis, a Democrat, was elected to a four-year term last November. She cannot be removed from her roughly $80,000-a-year post unless the General Assembly impeaches her.

In a prepared statement Tuesday, released through her lawyers, Davis said she has received death threats since she began her protest against same-sex marriage.

"I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus himself regarding marriage," Davis said. "I was elected by the people to serve as the county clerk. I intend to continue to serve the people of Rowan County, but I cannot violate my conscience."

There was a festival atmosphere outside the Rowan County courthouse Tuesday. More than 100 protesters — some supporting Davis, others opposing her — sang and shouted slogans at one another from across the entryway. Sheriff's deputies watched, but there were no arrests.

"This is a circus. I don't think anybody should have to go through this just to get a piece of paper saying you're married," said David Moore, one of the men who came seeking a marriage license. "I shouldn't have to remember this as the story of how I got married."

Moore said Tuesday was the third time he had unsuccessfully asked Davis for a marriage license.

"I feel like she's maliciously and intentionally harming people at this point," Moore said.

While he was inside Davis' office, Moore asked Rowan County Sheriff Matt Sparks to arrest the clerk for refusing to obey the law. The sheriff declined, telling Moore it was a matter for the federal courts, not for local law enforcement.

Davis' supporters praised her for standing firm in defense of a traditional definition of marriage. Wearing a camouflaged "God's Army" baseball cap, Norman Elam of Morgan County said the Supreme Court's landmark gay marriage decision was "Biblical prophesy," a sign of the end times.

"I'm here today to save America — not just spiritually, but physically, to keep this nation great," Elam said. "This (same-sex marriage) is designed to break down the family unit in America and cause the country to fall from within. I feel like that's what gays and lesbians are doing."

Standing in the marriage-equality crowd, Chris Hartman said marriage definitely has changed in Kentucky — but that's not a bad thing.

"It's become more inclusive now, it's better now," said Hartman, director of Fairness Campaign, a civil rights group based in Louisville. "That's exactly what the Supreme Court said, that every time we expand the definition of marriage in this country, it has strengthened the institution."

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http://forums.poz.com/index.php?topic=40802.0

http://forums.poz.com/index.php?topic=45159.0

http://forums.poz.com/index.php?topic=39722.msg495621;topicseen#msg495621

http://forums.poz.com/index.php?topic=46806.0

http://forums.poz.com/index.php?topic=39414.msg491701#msg491701


Diagnosed positive in 1985,.. In October of 2003, My t-cell count was 16, Viral load was over 500,000, Percentage at that time was 5%. I started on  HAART on October 24th, 2003.

 As of 4/1/15,  t-cells are at 437,   Viral load remains <40

Current % is at 15%

  
 63 years young.

Offline Joe K

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #6 on: September 01, 2015, 07:13:55 PM »
I think the gay couples denied licenses, should sue the State of Kentucky and Rowan County for denying them their civil rights.  This crap is just like the welfare queen Cliven Bundy who is still ignoring the federal government directives.  I believe that people like this should be dealt with harshly and quickly, just like anyone else.  Nobody can convince me, that if it was any of us doing something this stupid, that we would not have been locked up on day one.

This is why people lose faith in government, when citizens are treated differently for doing the exact same thing.  Put her in jail, suspend her pay and open an investigation into why this County Clerk office has been staffed by the same family for well over 50 years, in direct violation of Kentucky law.

Sadly, it will never happen, because we know that bigots only want to do, what they want to do.  Ms. Davis is hardly the only bigot in Kentucky government.

Joe

Offline Wade

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #7 on: September 01, 2015, 08:15:51 PM »
She should be fired ,
Loose her benefits ,
And thrown into church for 90 days  :)
"Who put the pepper in the....Vaseline  ? " Coffee Butler

Offline leatherman

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #8 on: September 01, 2015, 09:10:08 PM »
She should be fired ,
Loose her benefits
she's an elected official and can only be impeached by the KY General Assembly to be removed from office. However, the judge can fine her a substantial amount and she can be jailed for up to one year - and still be impeached. ;)
leatherman (aka mIkIE)

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Offline tednlou2

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #9 on: September 01, 2015, 11:44:57 PM »
Here's the video of what happened inside the clerks office today.  I really do wonder what would have already happened to her, if she denied someone a license for divorce or sex before marriage.  Someone pointed out what if a Quaker would not process a gun permit due their belief in pacifism.  Can you imagine?  I think she would already be in jail.  But, people like her always pick and choose their "sins." 

We will see what happens Thursday.  The couples don't want jail time, but fines-- in hopes the fines will be so much, that she will have to give in.  But, she will have plenty sending her money for those fines.  GoFundMe has changed their rules and do not allow campaigns for discrimination.  However, I read people are getting around that, but the site is trying to keep up and shut those down.  But, she will get checks in the mail, if she can't get it that way.

The other clerk, also with the same last name but no relation, is on a bike ride across the state to fight for their "right" to not process the licenses.  She believes the office is HER personally owned business.  She said that today. 

http://www.courier-journal.com/story/news/local/2015/09/01/rowan-courthouse-kim-davis/71504176/

Offline tednlou2

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #10 on: September 01, 2015, 11:50:52 PM »
I wouldn't share the photos comparing her to Hitler or Bin Laden.  Don't like those.  But, I think this one is too funny.



Offline Almost2late

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #11 on: Yesterday at 01:32:44 AM »
That crazy bitch took an oath when she took that job.. why isn't she in jail?.. why hasn't the governor stepped in and put someone in there to do the job?.. and canned her ass.. because he's down with that bs too.

I think the gay couples denied licenses, should sue the State of Kentucky and Rowan County for denying them their civil rights.  This crap is just like the welfare queen Cliven Bundy who is still ignoring the federal government directives.  I believe that people like this should be dealt with harshly and quickly, just like anyone else.  Nobody can convince me, that if it was any of us doing something this stupid, that we would not have been locked up on day one.

Absofuckinlutely!
« Last Edit: Yesterday at 01:38:16 AM by Almost2late »
"Being happy is a
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and it really has
nothing to do with
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Offline bocker3

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #12 on: Yesterday at 07:46:29 AM »
That crazy bitch took an oath when she took that job.. why isn't she in jail?.. why hasn't the governor stepped in and put someone in there to do the job?.. and canned her ass.. because he's down with that bs too.

Absofuckinlutely!

I believe the governor has instructed clerks to issue licenses, but he doesn't have the power to do anything else.  Well, he COULD call a special session of KY Legislature to deal with the issue, but has said he will not do that.  I suspect he feels that it needs to finish going through the courts first -- her appeal is still pending, SCOTUS just ruled on whether or not to stay the current ruling.
The sad truth is that even if the legislature impeaches her (something tells me that may not be likely in KY), she would probably just be re-elected by the people.
Throwing her in jail would make her a martyr, which is what she wants anyway, IMO.  As Ted pointed out -- there will be PLENTY of people willing to pay any of her fines.  She is not, IMO, doing this for her own personal beliefs, she is doing it for what she sees as a larger issue and is willing to be the scapegoat.  Even one of the women who can't get her license was quoted as saying that she respects her willingness to stand up for what she believes in -- but of course, "legally" she's lost.
I simply don't see an end game here -- I suspect the poor people of this county are going to not be able to get a marriage license issued to them for a very long time.  The only hope is that the State Legislature takes a really big stand on opposing this and, somehow, can prevent her name from reappearing on a ballot (though, I'm not sure how that could happen).

M
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Offline tednlou2

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #13 on: Yesterday at 03:28:20 PM »
I'm friends with the KY plaintiffs in the SCOTUS case.  One posted something from someone he knows, who apparently works or has connections in Rowan County.  He said he has it on good authority that licenses will be issued either Thursday or Friday.

I have no idea how he knows that or whether he is full of it.  He said all the paid clerk employees are also being called to court tomorrow.  Kim has threatened them with termination, if they processed a license.  What he's heard or think he knows, one or more of those paid clerks will process the apps.  He didn't actually even say that.  I just concluded that's the only thing he could be talking about. 

We can only wait and see, to know whether he is correct.  I'm not sure how that works and whether Kim has to sign off on every license.  I doubt she personally signs off on every issue that comes into that office. 

Offline bocker3

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Re: Supreme Court Rules Against Kentucky Clerk in Gay Marriage Case
« Reply #14 on: Yesterday at 05:07:31 PM »
I'm friends with the KY plaintiffs in the SCOTUS case.  One posted something from someone he knows, who apparently works or has connections in Rowan County.  He said he has it on good authority that licenses will be issued either Thursday or Friday.

I have no idea how he knows that or whether he is full of it.  He said all the paid clerk employees are also being called to court tomorrow.  Kim has threatened them with termination, if they processed a license.  What he's heard or think he knows, one or more of those paid clerks will process the apps.  He didn't actually even say that.  I just concluded that's the only thing he could be talking about. 

We can only wait and see, to know whether he is correct.  I'm not sure how that works and whether Kim has to sign off on every license.  I doubt she personally signs off on every issue that comes into that office.

Her name, as County Clerk, may in fact appear on every license -- perhaps even her signature.  I just looked at my marriage license and it has the signature of the Town Clerk where it was issued.  The clerk is a man and we put our application in with a woman and picked it up from a woman, so it may be that the actual clerk has to sign every one.  There was a 48 hr wait from when we applied until we could pick up the license.  This was in Massachusetts, though -- KY may be different.

Mike
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Offline tednlou2

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Federal Judge just held her in contempt and had her taken into custody. 

She will be a martyr and get the book deal.  She'll be fine. 

Offline Joe K

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Federal Judge just held her in contempt and had her taken into custody. 

She will be a martyr and get the book deal.  She'll be fine.

Fortunately, she will not prosper from any book deal, because she cannot keep any profit from a book centered on an illegal activity as in contempt of court.  All the profit will go to the ones suing her for denying them their civil rights.

It would appear, that sometimes the answer to prayers of the bigoted is NO.

Joe

Offline drewm

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Federal Judge just held her in contempt and had her taken into custody. 

She will be a martyr and get the book deal.  She'll be fine.

No she won't. In two years, people will have forgotten about her.
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Offline leatherman

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people will have forgotten about her.
not the ones in the South who she'll be speaking to on the hootin'-n-hollerin' tent revival circuit
leatherman (aka mIkIE)

So we put our hands up like the ceiling can’t hold us
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Offline Almost2late

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I glad they're holding her accountable.. but I did see on the news that there's other place's in the red states that are refusing to marry the gays..

I think that the truly faithful don't go around imposing their belief's on others and these supposedly Christians are driven by ego..

"Being happy is a
very personal thing,
and it really has
nothing to do with
anyone else."
- Abraham Hicks

 


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