Court orders defiant Kentucky clerk to issue same-sex marriage licenses in compliance with SCOTUS...
Source: RawStory
Court orders defiant Kentucky clerk to issue same-sex marriage licenses in compliance with SCOTUS ruling
A court on Wednesday ordered a Kentucky county clerk who has refused to issue same-sex marriage licenses citing her religious beliefs to begin issuing the licenses.
Rowan County Clerk Kim Davis was sued in a class action after the Supreme Court issued its landmark Obergefell ruling after she was caught on video refusing to issue a license to David V. Moore and David Ermold in July. She claimed the ruling violates her Christian beliefs.
As reported by the National Law Journals Mike Sacks on Wednesday, the 6th Circuit Court of Appeals ruled that in her role as county clerk, she or anyone in office must comply with the Supreme Courts ruling.
Mike Sacks
@MikeSacksEsq
Sixth Circuit says Kentucky's Rowan County Clerk Kim Davis has to issue #SSM licenses:
http://pdfserver.amlaw.com/nlj/kentucky_ca6_20150826.pdf
-snip-
Read more: http://www.rawstory.com/2015/08/court-orders-defiant-kentucky-clerk-to-issue-same-sex-marriage-licenses-in-compliance-with-scotus-ruling/
6th Circuit Orders Anti-Gay Clerk to Begin Issuing Marriage Licenses Immediately
On Wednesday, the 6th Circuit Court of Appeals refused to stay a lower courts decision ordering Kim Davis, a Kentucky county clerk, to resume granting marriage licenses. Davisa taxpayer-funded public servantrefused to grant marriage licenses to same-sex couples after the Supreme Court ruled that the Constitution protects gay peoples right to wed in Obergefell v. Hodges. She then declared that she would refuse to grant marriage licenses to any couple, to avoid giving them to same-sex couples. Several same-sex couples sued, but Davis insisted that the state was violating her rights to free speech and free exercise of religion by forcing her to grant licenses to gay people. A federal district judge ruled against her but put his decision on hold until the 6th Circuit weighed in.
Now the 6th Circuit has come out emphatically against Davis. To justify keeping the district courts ruling on hold, Davis would have to prove that she has a strong likelihood of success on the merits. But, the court held, in light of the binding holding of Obergefell, it cannot be defensibly argued that Davis may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that Davis in her official capacity will prevail on appeal.
To justify its holding, the court cited a string of cases that held that where a public employees speech is made pursuant to his duties, the relevant speaker [is] the government entity, not the individual. Thats exactly right, of course: By taking a job with the government, Davis became a public employee required to serve the whole public. She does not maintain an individual right to refuse to serve some people simply because of her own religious beliefs. Davis isnt arguing for a right to free speech. Shes demanding that the state finance her own discrimination. And under the U.S. Constitution, that is a losing argument.
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http://www.slate.com/blogs/outward/2015/08/26/kim_davis_sixth_circuit_orders_anti_gay_clerk_to_issue_marriage_licenses.html
uppityperson
(115,681 posts)truebluegreen
(9,033 posts)--those in a position of responsibility--liable for damages in the civil cases they inspire.
And, yes, fire her if she won't do her job.
jberryhill
(62,444 posts)The other side's legal fees and some other menu items are on the table in these kinds of suits.
The donations she and her lawyers have garnered will more than cover it.
truebluegreen
(9,033 posts)or somehow make her pay...but I guess I'd settle for her losing her job, for cause.
jberryhill
(62,444 posts)1. After a few more procedural hops, she is jailed for contempt or faced with progressive fines.
or
2. She resigns.
At this point, her donation streams are likely far in excess of her pay, and she's actually never seen that much money in her life before.
Plus as a "star Christian martyr", she's probably already committed to being jailed for contempt. She gets out when her term expires, since at that point the order is moot as to her.
After that, she gets a ghost writer to pen her inspirational tale of courage and faith, and goes on a church-hopping tour to regale congregations, and collect donations, with her harrowing tale of serving Jesus in jail, just like Paul.
I mean, duh, it's not as if the Romans had any better luck with these people.
Marthe48
(17,076 posts)Amazing how much of that right-wing crap ends up in the bargain bin. Oh well, a new craft is making wreathes and pumpkins from books, so someone will find a use for them
truebluegreen
(9,033 posts)jberryhill
(62,444 posts)truebluegreen
(9,033 posts)jberryhill
(62,444 posts)It's an elected position. There is nothing that gives anyone the authority to fire her.
She can be fined, and she can be jailed on contempt until her term as clerk expires.
But she can't be fired.
uppityperson
(115,681 posts)I imagine gets old. But I do appreciate it, no snark intended.
jberryhill
(62,444 posts)The fascinating aspect of the discussion about her on DU is this notion that sending her to jail for contempt will be some kind of "punishment".
You know what punishment is? Having a string of shitty marriages and being a nobody clerk in a county office in Kentucky. That's punishment.
Her life has now gained celebrity and income potential far beyond anything that was available to her prior to this.
COLGATE4
(14,732 posts)serve any of them homos my pizza" folks of yore.
cstanleytech
(26,342 posts)jberryhill
(62,444 posts)I sort of take it as a given, since she's already suing the governor in a separate action, that there is no workable scheme for removal which covers these circumstances.
(and, yes, she has her own suit pending against the governor of Kentucky on grounds I don't have the patience to detail at this moment)
lobodons
(1,290 posts)O.K. That will work.
jberryhill
(62,444 posts)Friends, with us tonight is Kim Clark, whom the Lord led to be jailed for her faith. We'll be taking a special love offering tonight after we hear her inspirational story of faith under pressure for the Devil his-self.
The church bills it as a special event to increase the size, and she gets a cut of the general offering and most of the "special" offering.
Is it really true that people don't get how this business works?
Going to jail over this will be the BEST THING THAT EVER HAPPENED, OR WOULD HAVE HAPPENED, IN HER ENTIRE LIFE.
Ilsa
(61,709 posts)along with the funds she conned out of people.
jberryhill
(62,444 posts)Some people never get their 15 minutes.
Ilsa
(61,709 posts)She might even get invited to a Pat Robertson type show to con more money for herself, her "cause". She'll become a grifter. So proud.
yardwork
(61,737 posts)leftofcool
(19,460 posts)I had to call our own county clerk here in my own little rural KY county but she did give me a link to read. See chapter 5:
http://www.lrc.ky.gov/lrcpubs/ib114.pdf
More than likely, she will just pay a fine for a Class D felony and then not get re-elected after her term
jberryhill
(62,444 posts)That seems to be upon conviction of a crime. The state statutes are probably more specific than that handbook.
However, she has a separate suit pending against the governor anyway, and it would be advisable for the state to dispose of that first, before taking other action if possible.
leftofcool
(19,460 posts)By not issuing the license, she already committed a class D felony but you are correct, nothing will be done until after the action with the State is finished. What we think is going to happen is that she will lose to the State, she will pay the $500-$1000 fine, then when her term is up ( 4 year term and I am not sure when she was elected) which is probably 2016, she will not be re-elected. I was in a meeting with Jeff Hoover yesterday on a different issue ( Jeff Hoover Law Firm, County Attorney, and one of our State Legislators) and he said no one is likely to remove her from office because that plays right into her hands.
jberryhill
(62,444 posts)Jeff Hoover wins the prize for most insightful person of the day!
I'll bet they have a really interesting election for county clerk next year.
leftofcool
(19,460 posts)dsc
(52,172 posts)4lbs
(6,865 posts)"Just because the Supreme Court says so, doesn't make it legal!"
Uhh..... actually it does.
turbinetree
(24,737 posts)throw her in jail for contempt if she continues, and then fine the county of her employ------------they are all responsible-from her Supervisor on down or up.
These so called law abiding hypocrites are not above the law of the land------------end of story
jberryhill
(62,444 posts)1. She moves for a stay pending appeal to the Supreme Court.
2. The appellate court will, on this decision, likely deny the stay.
3a. (Optional) She moves for en banc reconsideration by the 6th Circuit (i.e. the whole court and not a three judge panel). That would likely be denied. This move is typically done to put the case in better condition for appeal to the Supreme Court, but there is extremely little likelihood that that full 6th would do any different here.
3b. She files an emergency petition with the Supreme Court for a stay. Again, unlikely positive result on that.
And, for the zillionth time, she can't be "fired", she's an elected official.
So, everything drops down to the District Court, which renews the initial order, and issues an "order to show cause" why she should not be held in contempt. She gets a hearing on the order to show cause. She loses that one, as there is no good faith reason why she will not comply. There is nothing vague, no lack of notice, etc..
The District Court then has a variety of options.
1. The DC can start a penalty clock, such as $X per hour that she continues to refuse to issue the license.
2. The DC can indeed have her taken into custody by the US Marshalls until such time as she relents.
Personally, I think she is going to go the distance on this one, and if taken into custody on contempt is not going to change her mind. She will remain in custody until her term expires, and the order becomes moot as to her.
lamp_shade
(14,850 posts)jberryhill
(62,444 posts)She doesn't have any legal bills.
Some nutter Christian lawyer "organization" is handling her defense, getting donations from nutter Christians and, in all likelihood, is pocketing decent coin on this thing.
lamp_shade
(14,850 posts)jberryhill
(62,444 posts)http://www.kentuckyfamily.org/?page_id=677
Citizens can donate to the Kentucky Religious Liberty Defense Fund by
Writing a check to The Family Foundation with religious liberty in the memo. (Mail to The Family Foundation P.O. Box 911111 Lexington, KY 40591)
Going to kentuckyfamily.org and donating via the Donate button.
Using a cell phone download the Givr app for iPhone or Android and search for The Family Foundation.
lamp_shade
(14,850 posts)starroute
(12,977 posts)When does her term expire? And is there someone else in the office who can issues licenses while she is unable to do so? And if there is, what if they refuse?
jberryhill
(62,444 posts)I have no idea when her term expires. I'm sure she wasn't elected for life.
If there is someone else in the office who can do so, then I'd have to go back and check the specific order to determine whether or not some further procedural shenanigans would be needed. However, even if another order were needed, that can get done pretty quick. Ultimately, either the office is cleared out and they are all in jail, or someone issues a license.
I'm always surprised at how few people seem to grasp that people like her WANT to be martyrs for Jesus. Her marriages have been shitty, she's a nobody in a do-nothing go-nowhere job, and she has a choice between that and being a national celebrity, fund raising warhorse, and bestest friend of Jeezus.
She'll love it in jail.
Syzygy321
(583 posts)to this woman, and to western-raised people who run into the arms of ISiS.
Most people in the world live and die in anonymity. Some rebel and are driven to achieve fame and self-importance - one way or another.
LeftofObama
(4,243 posts)Thanks for that info by the way.
jberryhill
(62,444 posts)This thing is at a point where things move pretty quick, as the initial procedural posture was an emergency injunction.
On the order to show cause, the court doesn't want to give her too little time, or that could be appealed on a due process claim. But if she pops up at the 6th Circus with that one, it's not as if they hadn't seen it on the first go-round.
Judges do like to give even crazy people an opportunity to quit being crazy.
But, days.
Manifestor_of_Light
(21,046 posts)jberryhill
(62,444 posts)She'll raise lots of money from Christians, be a 'martyr for the cause', and basically have a much more interesting life than the one she's had so far.
Syzygy321
(583 posts)they didn't just fire her ass. I've been watching her saga with astonishment.
Please note that there a half a million counties in KY - and all the others had clerks who did their job (or, maybe, stepped down and were replaced by people who did their job).
Don't judge us all.
jberryhill
(62,444 posts)I tried it on a bagel, and really didn't like it.
I don't know how you folks eat that stuff, or why you put it in a tube in the first place.
Syzygy321
(583 posts)I didn't know that. Try our bourbon! I'm not a fan, but apparently everyone else is.
jberryhill
(62,444 posts)and it slides right off the peanut butter.
Syzygy321
(583 posts)COLGATE4
(14,732 posts)jberryhill
(62,444 posts)COLGATE4
(14,732 posts)jberryhill
(62,444 posts)MMTampa
(82 posts)I never really considered the martyr syndrome or the money that flows with that aspect of her "cause". I also now seem to have a working knowledge of some rather obscure Kentucky statutes. I love DU.
ms liberty
(8,615 posts)And
allan01
(1,950 posts)better yet , sue the state .