Davis Won't Resign. Does That Mean She Will Continue Her Policies If Let Out Of Jail?

[TheMastersNemesis]

Davis will not resign. That means she is still in charge of her office technically. She is still THE supervisor of that office and her deputies are really just employees who were selected or appointed. Unless she resigns she will remain in office until her term expires. And she can run again and would likely win re election.

It is almost a sure thing that she will not be impeached or removed by the legislature because I imagine she has full support there. Besides there are reportedly other county clerks refusing to issue licenses to gays who are under the radar because no law suits have been filed.

And it looks like legislatures in red states would allow their revolting clerks do the same thing. So it appears it has a lot more to do with nullification of POTUS. The GOP only likes the laws THEY pass and pretty much say that they will support ignoring laws passed by the other party actually.

[PoliticAverse]

1. You seem to think there is going to be some huge successful rebellion over this issue

but that isn't going to happen. Just like it didn't happen over interracial marriage, and there
was a lot more negative reaction over that.

[Tipperary]

42. I agree with you.

[RKP5637]

2. Frankly, IMO, the GOP wants to end the USA. The GOP wants a fractured country, regional

territories and shoot-outs like in the Old West. In my lifetime the GOP has gone from a party one could respect for having good views and working together to unify the country, and now the GOP is a herd of desperadoes.

Many in the GOP are outright delusional. Now, they would like clerks to choose and pick what they agree with and block the rest.

IMO these are very dangerous times in the USA, with respect to the future of the USA. IMO, 2016 will be a fork in the road into oblivion or a united country.

[briloop]

7. I agree

I can't say I'm an expert on political history, but, it's my understanding the GOP wasn't like this until Nixon decided to use his "Southern strategy" to run for President. The GOP then became more radical in the late 70's when they went after Jimmy Carter.

The GOP is basically owned by the 1%. The GOP knows it can't win elections with 1% of the vote, so they donate money to shills to run for political office. The shills use wedge issues, like abortion and gay rights, to get people (the dupes) to vote for them. Once the shills get enough dupes to vote them into office, the shills do the bidding of their benefactors.

You will see Scott Walker, Ben Carson, and others espouse a lot of dangerous rhetoric in order to stir up anger, hate, and fear in the Republican primary voter base. They count on that emotion to drive the base to vote for them. But if Walker, Carson or whoever gets into office, you can pretty much take it to the bank that their agenda won't be driven by wedge issues. Their agenda will be handed to them by the 1%.

[RKP5637]

10. Exactly!!! And their supporters just can't see what is occurring when they vote in those least

likely to serve them in the voters' best interests. Yes, it certainly appears it started with the "Southern Strategy." IMO Jerry Falwell, also propelled it forward as founder of the "Moral Majority."

The GOP IMO has successfully perhaps tapped into the brains of voters with a larger amygdala and a smaller anterior cingulate than other people and hence rational logic fails for them to see the entire picture as they are consumed with fear, and fear messaging works quite well.

Hence, as you quite well say, the 1% strangleholds this nation while the enabling voters falsely believing they are voting for a true democracy and freedom.

Welcome to DU!!!!

[hifiguy]

17. Well said.

Zombie King Raygun was the first repuke to use the wedge issues to rile up the animals for the election, then focus solely on pleasing the MIC and the plutocrats once he was in office. Twas ever thus.

[NowSam]

26. I think you are right

Their pledge is not to country.

[Tipperary]

43. Sadly I agree with this as well.

[Gothmog]

3. She is making$80,000 per year which is a good salary

[LastLiberal in PalmSprings]

23. In a city with a median family income of $34,375 she's living high on the hog

At $80,0000 she falls in the top 20% income of the population of 6,900.

She'll hang on to her job no matter what, and count on the judge blinking or being overturned. In the meantime her martyr status increases in value, and I see a book and speaking tour in her future.

The thing is she's not the only one who's refusing to issue licenses to gay couples. Rachel Maddow said a total of 17 county clerks nationwide are doing the same thing. Legal action against the other clerks is probably on hold until this case is resolved..

[Marrah_G]

4. She won't be let out unless she complies or resigns

[gratuitous]

6. Also, the judge has some discretion

Judge Bunning could start fining Mrs. Davis for each day she refuses to comply with the court's order.

I think Mrs. Davis will soon find out that the reality of being jailed for Jesus doesn't quite match the romantic ideal she may have. If she's given a Bible in stir I strongly recommend to her attention Amos 5:18-27.

[csziggy]

19. At the very least he should fine her enough to negate her salary

I bet he could even freeze her salary so the county is not paying Kim Davis for sitting in jail and not providing services to Rowan County's taxpayers.

[LastLiberal in PalmSprings]

30. Any fine or loss of salary will be covered by donations from her supporters

We saw that happen with a bakery and a pizza place that refused to serve gays. That's why the judge gave her jail time rather than a fine. Although if it were legal I would imagine she could find a "designated prisoner" to take her place in the cell.

Meanwhile, it's great to see her name in the Carter County Detention Center inmate list (page 2).

[csziggy]

35. I suspect that since she is being used by the religious right

Her "supporters" will end up using up all the donations. That law firm isn't going to represent her pro bono - they will suck up a huge amount of money. Franklin Graham is not assisting in setting up a donation link just to benefit Kim Davis - he'll benefit mightily from the publicity surrounding her.

I think the powers that be on that side in this fight are happy with Kim Davis as their pawn. She and her husband will be lucky to come out of this with a roof over their heads. I think they are not clever enough to make a profit for themselves. I believe that they are deluded into thinking they are doing their god's will and that he will watch out for them - and the PTB are happy to make political points and a fortune off their delusions.

[BlueCaliDem]

5. Bigots disguised as Christians have to be dragged kicking and screaming to do what's just

and fair. And they'll only go as far as to acquiesce, but they'll never accept what they don't like, even if it's for the greater good. Bigots gonna "bigot". They can't help themselves.

But the law is the law, and as more and more are thrown in jail for contempt of court, they'll eventually go silent...and that's why we need a Democrat in the White House all the time. Federal judges are appointed by the president, and it's incumbent upon us to ensure that the president who appoints any new judges will be a Democratic president. We need Democratic-appointed judges and justices to counter RW governors and legislatures who hate the Federal Gov't and who strive to destroy it in order to revert power back to States so they can discriminate and deny civil rights to anyone they don't approve of.

[yellowcanine]

8. Her lawyer claims if they take her name off the forms she will allow the licences to be issued.

I think Kentucky should call her bluff and do it.

[ProfessorGAC]

12. What?

She's in jail for contempt of court and she think she is the one who gets to set conditions?

What a dullard.

[yellowcanine]

13. Yes she is. I suspect after a weekend in jail GAWD will "speak" to her and she will change her

tune. Then she can take her martyr wagon on the road and become rich whooping it up with the Christian Taliban.

[hifiguy]

18. I am sure that the judge is properly bemused by and

quietly contemptuous of this silly shit. Judges have no sense of humor when it comes to being jerked around by idiots like this.

[smirkymonkey]

21. Yeah, I am thinking more a dim bulb than a righteous crusader.

[LastLiberal in PalmSprings]

32. He also says a license issued without Davis's consent is "null and void"

With Ky. Clerk in Jail, Gay Couples Receive Marriage Licenses -- USA Today

[yellowcanine]

38. Yeah well, he is not much of a lawyer imo.

Davis should sue him for malpractice. He gave her shitty advice. Apparently the licences which were issued actually did not have her name on it anyway. So according to the lawyer, she is sitting in jail for no reason.

[PoliticAverse]

45. The lawyer for the county apparently expressed the opinion that they are valid.

Rowan County Attorney Cecil Watkins previously dismissed that argument, saying deputy clerks can issue valid marriage licenses without their boss's approval.

From: http://www.kentucky.com/2015/09/04/4019876_live-updates-county-clerk-continues.html

[pinstikfartherin]

39. According to articles, the ones issued Friday..

do not have her name on it. She's claiming they are invalid.

So what now? IMO, if she's claiming the ones without her name are invalid, this goes beyond religious rights and turns into using her position for discrimination. If they don't have her name on them, she should just defer to the law, courts, etc, to decide whether they are valid or not and keep her mouth shut. It's not her place to decide whether they are valid or not if they do not have her name on it. She's wanting to control that office using her religious beliefs.

[yellowcanine]

40. She is on shaky legal ground and getting bad legal advice.

She could end up with a lot worse problems than contempt of court. She has been collecting a salary without fulfilling some of the sworn duties of the office. That is fraud.

[Jerry442]

9. Ultimately, the government has to enforce the law.

Granted, there are lots of places where federal law is flouted under the radar -- no doubt there are a bunch of public schools in the U.S. where there is regular prayer and other religious observations. If the defiance of the law becomes public and high-profile, then the government (whether local, state, or federal) has to use force of some kind, lest the country degenerate into a Somalia with rules set by local warlords.

That said, I'm glad that Obama didn't go into the Cliven Bundy situation bloodthirsty and triggerhappy, but I have a bad feeling that that situation was never resolved in any sense and is going to heat up again in a major way somewhere, someday.

[RKP5637]

11. Same here, that was probably the best way to have solved the Cliven Bundy situation, which

will likely never be fully resolved. And you say,

"... I have a bad feeling that that situation was never resolved in any sense and is going to heat up again in a major way somewhere, someday."

[hifiguy]

14. That's why the judge is NOT going to let her out of the slammer anytime soon.

And he could very easily issue an order to the deputy clerks to comply with the law. Which more or less seems to be what he did, more informally, yesterday.

[JoePhilly]

15. Hold her until her term expires. Problem solved.

[Sunlei]

16. She will sit there untill she is not in contempt of the laws of America.

[LanternWaste]

20. Long weekend in a cell coming up for her.

Long weekend in a cell coming up for her, allowing her precious time to reflect on her denial of rights to others, while her Liberty Council lawyer sips mint julips (tax deductible, of course) in his Virginia backyard giggling at how incredibly easy it is to dupe-for-profit.

[backscatter712]

22. That's what the judge is thinking.

He's giving her specific orders to process marriages, including same-sex marriages, and to allow her employees to do it, and asking her straight up if she will comply with the court's orders. Since she said no, she's in jail.

So if she doesn't pull her head out of her ass, she'll stay in jail. If she gets let out, and goes back to illegally denying same-sex couples the right to marry, the judge will hold her in contempt and lock her up again.

[CTyankee]

24. May I ask why this woman hasn't been fired for not doing her job?

[PeaceNikki]

25. Because she was elected

[CTyankee]

27. Ah, thanks, I missed that. But I find it a bit strange...I guess we don't do that in CT.

[PeaceNikki]

29. We do here in WI. Many will remember Waukesha County Clerk Kathy Nickolaus from our Supreme Court

Race a few years ago.

[CTyankee]

31. Is this a county election? If so, I know the reason we don't do this here...

While we have counties, we don't have county government. It was once explained to me but that was a long time ago and frankly, I forgot it...

[MADem]

28. The taxpayers, I should think, would get sick and tired of paying salaries for bums who get locked

up in jail for not doing their jobs.

She needs to tender her resignation.

People are cheap--they don't want to see their taxes go up over bone-headed, wrong-headed principle!

[libodem]

33. .

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[underthematrix]

34. When she loses her appeal, she can stay in jail for the

duration of her term

[spanone]

36. i presume she will be instructed to abide by the law or go back to jail.

[former9thward]

37. This shows the idiocy of having so many elected positions.

A county clerk should not be elected. It is an administrative position. Anything administrative should be hired or appointed. We have way too many elected jobs in this country. The only positions elected should be policy making positions.

[ShrimpPoboy]

41. I agree with this

I deal with clerk of court offices on a near daily basis and I've yet to see anything other than paper pushing. There's no reason for that to be an elected position. A competent manager is all that's needed.

[Motown_Johnny]

44. She shouldn't get out of jail until she agrees to follow the law.

Last edited Mon Sep 7, 2015, 09:47 AM - Edit history (1)

But if she does, I bet some other county officials just change what her duties are and leave her in a basement office somewhere until the next election.

[yuiyoshida]

46. He's not playin