Kentucky clerk, citing God, defies courts on gay marriage

[webfact]

Kentucky clerk, citing God, defies courts on gay marriage
By CLAIRE GALOFARO

MOREHEAD, Ky. (AP) — Invoking "God's authority," a county clerk denied marriage licenses to gay couples again Tuesday in direct defiance of the federal courts, and vowed not to resign, even under the pressure of steep fines or jail.

"It is not a light issue for me," Rowan County Clerk Kim Davis said later through her lawyers. "It is a Heaven or Hell decision."

April Miller and Karen Roberts, tailed by television cameras and rival activists, were there when the doors opened Tuesday morning, hours after the Supreme Court rejected the clerk's last-ditch request for a delay.

They said they hoped Davis would accept that her fight was lost and issue the licenses, ending the months-long controversy that has divided Rowan County, where the seat of Morehead is considered a progressive haven in Appalachian Kentucky.

Instead, Davis once again turned them away. On their way out, Miller and Roberts passed David Ermold and David Moore, 17 years a couple. "Denied again," Roberts whispered in Moore's ear.

Ermold said he almost wept. They demanded to talk to Davis, who emerged briefly on the other side of the counter.

"We're not leaving until we have a license," Ermold told her.

"Then you're going to have a long day," Davis replied.

Davis, an Apostolic Christian, stopped issuing all marriage licenses in June rather than comply with the Supreme Court's legalization of gay marriage nationwide.

Gay and straight couples sued, saying she should fulfill her duties as an elected official despite her personal religious faith. U.S. District Judge David Bunning ordered her to issue the licenses, an appeals court affirmed that order, and the Supreme Court on Monday refused to intervene, leaving her no legal option to refuse.

And yet, she did.

"Stand firm," Davis' supporters chanted as a tense standoff erupted in the lobby.

"Do your job," marriage equality activists shouted back.

Davis retreated into her inner office, closed the door and shut the blinds. The sheriff moved everyone outside, where demonstrators lined up to shout and sing at each other.

Davis knows she faces stiff fines or even jail if the judge finds her in contempt, her lawyer said. Her supporters compared her Tuesday to the Biblical figures Paul and Silas, imprisoned for their faith and rescued by God.

But the couples' lawyers asked that she not be sent to jail, and instead be fined, since she currently collects her salary — $80,000 a year — while failing to perform her duties. They asked the judge to "impose financial penalties sufficiently serious and increasingly onerous" to "compel her immediate compliance without delay."

Bunning ordered Davis and her six deputy clerks to appear before him Thursday morning at the federal courthouse in Ashland.

Davis also faces a potential state charge of official misconduct, a misdemeanor meant for public servants who refuse to perform their duties. Kentucky Attorney General Jack Conway, now running as the Democratic nominee for governor, is studying a complaint filed by a couple she turned away, and will decide whether to appoint a special prosecutor.

Davis said she never imagined this day would come.

"I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God's Word," her statement said.

Her critics mock this moral stand, noting that Davis is on her fourth husband after being divorced three times.

Joe Davis, who described himself as "an old redneck hillbilly," came by to check on his wife Tuesday. It's been an ordeal, he said. She got death threats and they've had to change their phone number. He pointed to the people calling for gay rights on the courthouse lawn.

"They want us to accept their beliefs and their ways," he said. "But they won't accept our beliefs and our ways."

Mat Staver founded the Liberty Counsel, a Christian law firm that represents Davis. He said she had been a sinner until she went to church four years ago when her mother-in-law died. She was born again after the preacher read a Bible passage about how forgiveness grows from the grace of God, he said.

"She's made some mistakes," he said. "She's regretful and sorrowful. That life she led before is not the life she lives now. She asked for and received forgiveness and grace. That's why she has such a strong conscience."

Davis served as her mother's deputy for 27 years before she was elected as a Democrat to succeed her in November. Davis' own son is on the staff. As an elected official, she can be removed only if the Legislature impeaches her, which is unlikely in a deeply conservative state.

Davis' supporters blame Gov. Steve Beshear, who ordered resistant clerks to issue licenses or resign. The Kentucky County Clerk's Association has proposed legislation to make marriage licensing a function of state government, relieving clerks of the burden.

Kentucky's Republican nominee for governor, Matt Bevin, said Tuesday that he supports Davis' "willingness to stand for her First Amendment rights," and if elected, would have people download marriage licenses on the Internet to file at clerk's offices just like other documents.

Outside the courthouse, dozens of Davis' supporters stood in a circle, singing Amazing Grace and Onward Christian Soldier.

"She's standing for God's word and we're standing with her," said Flavis McKinney.

On the other side of the courthouse lawn, others held signs reading "Hate is not a family value" and sang repurposed Christian songs: "Jesus loves the little children, all the children of the world. Gay or straight or black or white, they are precious in his sight."

Will Smith Jr. and James Yates emerged from the courthouse red-eyed and shaking, too upset to talk about being rejected again. They held hands and rushed around the protesters to reach their car.

But Moore and Ermold joined the rainbow-clad throng. They swayed and sang, pledging to come back again and again until Davis relents.

"I feel sad, I feel angry, I feel devastated," Ermold said. "I feel humiliated on such a national level that I can't comprehend it. I cannot comprehend it right now."

Sheriff Matt Sparks tried to keep everyone civilized as he stood between the two sides.

"It has disrupted our county, but it shows us that the county is, probably the country is, still divided on this issue," Sparks said. "I'm just glad we live in a country that we have the freedom to disagree. This will end eventually and we'll all come together again."
___

Associated Press Writer Adam Beam in Frankfort contributed to this report.


-- (c) Associated Press 2015-09-02

[Jingthing]

She's still a sinner. Do your job or take a hike, lady!

[DirtyDan]

It's a well known fact that God loves everybody... as long as you live your life the way his followers want you to live!

[Somtamnication]

Americans and their religious right. The downfall of morality. Thank you, Jim Bakker, et al.

[Jingthing]

The USA is a VERY big country and resistance like this crazy lady clerk is very rare to the national ruling legalizing same sex marriage. So it's going very well overall. It's the rare crackpots that unfairly get all the attention.

[Kerryd]

It's a well known fact that God loves everybody... as long as you live your life the way his followers want you to live!

And if you exercise the Free Will that he gave you and don't follow his every command, he'll prove his love and mercy by burning you for all eternity in hell !

[Publicus]

This redneck clerk is in violation of the Constitution, SCOTUS, the US District Court, the US 6th Circuit Court of Appeals, the Kentucky state constitution, her oath of office. This is a willful and pigheaded contempt so she should have to pay and pay and pay. This is a classic religious correctness by a pious and absolutist moralizer. One of these is an individual but a bunch of 'em is anarchy.

[NanLaew]

Good timing. In the face of Federal penalties, she will resign and Rowan County will go back to normal. After she sues and does Fox News and the conservative talk show circuit, she will find herself on some Republican ticket just in time for next year.

[HLover]

News update: She approved 2 men to marry their sister and cousin yesterday.

[aliep]

In the beginning, Man created god

[Seastallion]

[little mary sunshine]

Will someone just fire this Redneck!!!

[Ulysses G.]

I am very much against gay marriage, but ignoring the Supreme Court is not going to help one's cause. IMO, there should have been some sort of law that allowed gay partnerships with the same rights as heterosexual relationships - which is only fair - but religious people did not want that either, so now they are stuck with something far worse. Homosexual marriage is unstoppable now IMO, so better just accept it. I think it will affect society aversely in the long-run, but it is too late to stop it.

[khwaibah]

She has been married 4 times. http://www.msn.com/en-us/news/us/kentucky-clerk-a-local-fixture-suddenly-becomes-a-national-symbol/ar-AAdR9Qf

[lifeincnx]

She has been married 4 times. http://www.msn.com/en-us/news/us/kentucky-clerk-a-local-fixture-suddenly-becomes-a-national-symbol/ar-AAdR9Qf

So much for her hypocritical stance on the sanctity of marriage.

[Credo]

I hope that she also refuses licenses to atheists, Muslims, Hindus and others who are not Christian, since she seems to think this is a covenant between man and God.

[godden]

Have a gay day.

[granuaile]

Will someone just fire this Redneck!!!

She can't be. She can only be impeached by the legislature, which is dominated by conservative Republicans (even Democrats in Kentucky can be conservative, Davis is a Dem). The legislature will not be back in session till next year. That said, even if they were they would likely pass a law explicitly allowing this, and the Republican gubernatorial candidate has said he supports her.... Hopefully Bunning will impose significant financial penalties, but who knows - he is the son of former senator, Jim Bunning, who is a conservative Republican....

[Publicus]

Civil contempt of court is the equivalent of a felony crime which means she can't hold public office of any kind and would also have to resign or be removed. Given the extent of this clerk's willful violations of the Constitution and the entire federal judiciary, the judge should throw her with her Bible in the slammer. She'd have to obey the court to be released then she'd have to resign or be removed by the legislature which would be required by law to toss her if she did not resign.

Lawyers for plaintiffs want her only to have to pay financial penalties but this self-righteous unrepentant needs to be sent to the big house. We need a hangin' judge in this kind of case with this kind of anarchist. Being held in contempt also means she loses almost all of her Constitutional protections to include a trial by jury due to the fact she is denying the Constitution itself. It's time for this unrepentant local holy-poly to reap the whirlwind.

[Phuket Stan]

I am very much against gay marriage, but ignoring the Supreme Court is not going to help one's cause. IMO, there should have been some sort of law that allowed gay partnerships with the same rights as heterosexual relationships - which is only fair - but religious people did not want that either, so now they are stuck with something far worse. Homosexual marriage is unstoppable now IMO, so better just accept it. I think it will affect society aversely in the long-run, but it is too late to stop it.

Where is your evidence supporting your last sentence ....from some good looney Christians or is it just your uninformed opinion......I often respected your quotes on TV but now will have to think a little harder

[dontoearth]

She is facing fines Thursday morning as the first step in her contempt hearing. The old bag makes 84,000 in a county where the average income is a 1/3rd of that. The plantiff's have not asked for jail time yet but I think this crazy old broad will be staring out of a cage in a few weeks.

[Seastallion]

I hope that she also refuses licenses to atheists, Muslims, Hindus and others who are not Christian, since she seems to think this is a covenant between man and God.

Exactly. She is selective in how she executes her godliness. She's a grandstanding hypocrite.

[JUDAS]

What's she jabbering on about heaven and hell decision. With her 3 divorces she's off to the hot place anyway. Bigot.

Sent from my GT-I8552 using Tapatalk

[Pinot]

Good timing. In the face of Federal penalties, she will resign and Rowan County will go back to normal. After she sues and does Fox News and the conservative talk show circuit, she will find herself on some Republican ticket just in time for next year.

Too fat and ugly for Fox News, only blond bimbos need apply.

Jeeze, even the baggers on TV are saying she should do her job. Lemming should stay in line over the cliff.

[Jingthing]

She seems to be all about the holy sanctity (holy cow) of divorce.

Edited September 2, 2015 by Jingthing

[Humphrey Bear]

The USA is a VERY big country and resistance like this crazy lady clerk is very rare to the national ruling legalizing same sex marriage. So it's going very well overall. It's the rare crackpots that unfairly get all the attention.

You mean like sexual deviants?

[Humphrey Bear]

News update: She approved 2 men to marry their sister and cousin yesterday.

And yet the article states that she has issued NO licences for straight or other marriages.

Give documentary proof of your statement.

[HLover]

News update: She approved 2 men to marry their sister and cousin yesterday.

And yet the article states that she has issued NO licences for straight or other marriages.

Give documentary proof of your statement.

No, I refuse your wishes.

Don't believe everything you read in "the article" and try to cheer up a bit.

Edited September 2, 2015 by HLover

[Jingthing]

The USA is a VERY big country and resistance like this crazy lady clerk is very rare to the national ruling legalizing same sex marriage. So it's going very well overall. It's the rare crackpots that unfairly get all the attention.

You mean like sexual deviants?

That was a troll comment but I'll respond anyway.

I assume you're just being bigoted using that term and are indeed referring to GLBT American citizens.

Yes, it was indeed big news over recent years as new states legalized same sex marriages and then it was massive news when SCOTUS made this national. Then, after that, it continued to be big news when this was opened up in surprising areas like the DEEP SOUTH.

Of course, it is not news that opposite sex couples marry unless there is something very unusual in the story like famous people. etc.

Going forward, it is no longer news when GLBT people are allowed to legally marry in all 50 states because that is the new normal.

But it IS still news when we get stories like this scofflaw legal clerk in Kentucky. Because now she is a RARE exception.

Cheers!

[Ulic]

The judge needs to fine her the maximum amount (after all she is not going to pay, she will get

lots of financial support from those who support her) and throw her in jail until she issues the

licences or resigns.