Kentucky clerk appeals order putting her in jail

[webfact]

Kentucky clerk appeals order putting her in jail
By ADAM BEAM

LEXINGTON, Ky. (AP) — A Kentucky county clerk has appealed a judge's decision to put her in jail for refusing to issue marriage licenses to same-sex couples.

Attorneys for Rowan County Clerk Kim Davis officially appealed the ruling to the 6th Circuit U.S. Court of Appeals on Sunday. The three page motion does not include arguments as to why Davis should be released but amends Davis' earlier appeal of the judge's order.

Davis objects to same-sex marriage for religious reasons and stopped issuing all marriage licenses in June after the U.S. Supreme Court legalized gay marriage nationwide. Two gay couples and two straight couples sued her. U.S. District Judge David Bunning ordered Davis to issue the licenses and the Supreme Court upheld his ruling.

But Davis still refused to do it, saying she could not betray her conscience.

Thursday, Bunning ruled Davis was in contempt of court for disobeying his order and sent her to jail. Her deputy clerks then issued marriage licenses to gay couples Friday with Davis behind bars.

"Civil rights are civil rights and they are not subject to belief," said James Yates, who got a marriage license on Friday after having been denied five times previously.

Mat Staver, one of Davis' attorneys, said the marriage licenses issued Friday are "not worth the paper they are written on" because Davis refused to authorize them. But Rowan County Attorney Cecil Watkins says the licenses are valid. Bunning said he did not know if the licenses were valid but ordered them issued anyway.

Bunning indicated Davis will be in jail at least a week. She could stay longer if she continues to not obey the judge's order. Bunning had offered to release Davis from jail if she promised not to interfere with her deputy clerks as they issued the licenses. But Davis refused.

Staver called the contempt hearing "a charade" saying that Bunning had his mind made up before the hearing began.

Kentucky law requires marriage licenses be issued under the authority of the elected county clerk. Davis views issuing marriage licenses to same-sex couples as a stamp of approval of something she believes is a sin. She has said she will not issue marriage licenses until the state legislature changes the law so the licenses can be issued under someone else's authority.

The state legislature is not scheduled to meet again until January and Democratic Gov. Steve Beshear has refused to call a special session. Davis has refused to resign her $80,000-a-year job. As an elected official the only way she could lose her job is to lose an election or have the state legislature impeach her, which is unlikely given the conservative nature of the state General Assembly.

"She's not going to resign, she's not going to sacrifice her conscience, so she's doing what Martin Luther King Jr. wrote about in his Letter from the Birmingham Jail, which is to pay the consequences for her decision," Staver said.

Davis' plight has reignited the gay marriage debate and the limits of religious freedom. Her imprisonment has inspired spirited protests from both sides in this small eastern Kentucky community known mostly as the home to Morehead State University.

Saturday, about 300 people rallied in support of Davis at the Carter County Detention Center where she is being held. Another rally is scheduled for Tuesday with Republican presidential candidate Mike Huckabee.

-- (c) Associated Press 2015-09-07

[lovelomsak]

Fine $80,000 see how quick she understands what her job is.

[stevenl]

So on what grounds is she appealing?

[DirtyDan]

Every time this bigot's sad story is published she gains notoriety.

She denied someone the civil rights they're legally entitled to. Fire her, charge her with contempt of court (or whatever the charge is), and forget about her. Done.

[sfokevin]

I agree totally DirtyDan... But if I were the judge I would have approached this differently...

As she is an elected official of the county (And not an employee)... I would have gone after the county instead...

How about imposing a $10,000 a day fine on the county every day they thru their elected official violate the civil rights of their citizens...

Give them 30 days at $10K a day to organize a special recall election... If not raise the daily fine on the county to $20,000

[Jingthing]

So on what grounds is she appealing?

Afflicted with GLBT intolerance syndrome.

[Jingthing]

If she is made to "suffer" too much, she wins the PR game she is playing. As if she is the victim here when all she had to do was her job respecting the law and the basic civil rights of her fellow citizens.

Believe it or not, I think most Americans can see what is going here. They realize they don't want to live in a country where government clerks are sanctioned to be bigoted against any class of people for whatever their reasons.

Her only supporters are the hard core right wing fundamentalists. No more than 25 percent of the people, but higher in the SOUTH.

But she can get very rich (already famous) by being a martyr hero to that segment.

Edited September 7, 2015 by Jingthing

[Chicog]

I see that twerp Huckabee is giving her his full support.

I'm sure she's elated, after he was so forgiving of serial paedophile and adulterer Josh Duggar.

He hasn't got a very good record for picking winners, has he?

[CMNightRider]

If she is made to "suffer" too much, she wins the PR game she is playing. As if she is the victim here when all she had to do was her job respecting the law and the basic civil rights of her fellow citizens.

Believe it or not, I think most Americans can see what is going here. They realize they don't want to live in a country where government clerks are sanctioned to be bigoted against any class of people for whatever their reasons.

Her only supporters are the hard core right wing fundamentalists. No more than 25 percent of the people, but higher in the SOUTH.

But she can get very rich (already famous) by being a martyr hero to that segment.

This may come as a shock to you but the Kentucky clerk who is refusing to sign marriage licenses for same sex couples wanting to marry each other is a life long Democrat. It's probably because she believes marriage was meant to be between a man and woman. The people who support her are normal people who agree that marriage was meant to be between men and women. This is not rocket science.

[CMNightRider]

So on what grounds is she appealing?

Afflicted with GLBT intolerance syndrome.

Well, I can certainly think of a lot worst syndromes to be afflicted with than "GLBT intolerance syndrome," lol.

[Linky]

If she is made to "suffer" too much, she wins the PR game she is playing. As if she is the victim here when all she had to do was her job respecting the law and the basic civil rights of her fellow citizens.

Believe it or not, I think most Americans can see what is going here. They realize they don't want to live in a country where government clerks are sanctioned to be bigoted against any class of people for whatever their reasons.

Her only supporters are the hard core right wing fundamentalists. No more than 25 percent of the people, but higher in the SOUTH.

But she can get very rich (already famous) by being a martyr hero to that segment.

This may come as a shock to you but the Kentucky clerk who is refusing to sign marriage licenses for same sex couples wanting to marry each other is a life long Democrat. It's probably because she believes marriage was meant to be between a man and woman. The people who support her are normal people who agree that marriage was meant to be between men and women. This is not rocket science.

What she or anyone else believes in is totally irrelevent. Just do what the law says. Not rocket science at all.

[sgtsabai]

That woman is not fighting for her "religious" convictions, however misguided they may be, she is fighting to impose her stupid, bigoted faux "religious" beliefs on others. Let her rot in jail, contempt of court is an open ended sentence. I do agree, fine the county for every day they do not honor peoples civil rights and the court order. The US was founded as a secular country, no matter how the religious, extremist, dominionist, homophobic, racist, bigoted, misogynist, radical right wing tries to rewrite history. Thankfully the faux "christian" sharia has not taken over yet. Marriage is meant to be between two loving couples, period. Who in their right mind, oops sorry correct mind, would object to a couple getting married. The same people that object to mix races marrying? On that I would bet. If in fact she is a life long Demo, hard to believe, I hope she changes to Repub where she belongs. Apparently the "Southern Doctrine" hasn't gotten to her yet.

[ggt]

This is a no brainer...it is the LAW...like it or not...fall in line or drop out...

If we start making exceptions to the LAW...where does it end...do we then start allowing Muslim's sharia Law to circumvent and supersede US Laws?

See the problem with resisting the Supreme Count Jester's ruling?

You are not required to Like the Law...but you are required to follow the Law...or the fabric of American society...held together by the Rule of Law... would slowly unravel into anarchy...not a pretty picture...

[emilymat]

Simple....move her to an 'inactive' post.

[CMNightRider]

That woman is not fighting for her "religious" convictions, however misguided they may be, she is fighting to impose her stupid, bigoted faux "religious" beliefs on others. Let her rot in jail, contempt of court is an open ended sentence. I do agree, fine the county for every day they do not honor peoples civil rights and the court order. The US was founded as a secular country, no matter how the religious, extremist, dominionist, homophobic, racist, bigoted, misogynist, radical right wing tries to rewrite history. Thankfully the faux "christian" sharia has not taken over yet. Marriage is meant to be between two loving couples, period. Who in their right mind, oops sorry correct mind, would object to a couple getting married. The same people that object to mix races marrying? On that I would bet. If in fact she is a life long Demo, hard to believe, I hope she changes to Repub where she belongs. Apparently the "Southern Doctrine" hasn't gotten to her yet.

It's always nice to read your well written and rational posts. I bet your police reports were interesting to read. Yes, it is a fact this Kentucky clerk is a life long Democrat, and I would suspect many of her supporters share her moral, religious, and political beliefs. This lady is proof that not all Democrats are loonie leftists.

[Jingthing]

She's a loonie right winger. I think she may just be clinically INSANE. It's a fine line between religious fervor and religiously related INSANITY. The loony bins are full of people who think they are Jesus or other similar types who can't be named.

[Jingthing]

So on what grounds is she appealing?

Afflicted with GLBT intolerance syndrome.

Well, I can certainly think of a lot worst syndromes to be afflicted with than "GLBT intolerance syndrome," lol.

Yes, you can start a parade for how proud you are to be intolerant of GLBT people. Have a ball!

[TerrylSky]

Another example of Christian fanaticism (I'm Christian by the way); how do people like this get elected in the first place? same goes for Bush; stupid voters I guess. I'm sure she had to take an oath of office to "uphold the law", plus, the Bible says to obey the law. So, she is a hypocrite as well as a bitch.

[granuaile]

I agree totally DirtyDan... But if I were the judge I would have approached this differently...

As she is an elected official of the county (And not an employee)... I would have gone after the county instead...

How about imposing a $10,000 a day fine on the county every day they thru their elected official violate the civil rights of their citizens...

Give them 30 days at $10K a day to organize a special recall election... If not raise the daily fine on the county to $20,000

The county has no role in this, and she does not work for the county. In fact the county asked the state AG to bring charges against her for misconduct. In actuality she is only answerable to the legislature and the president of the Senate in Kentucky filed a brief with the court before her contempt hearing in support of her.... I do hope they don't release her until she obeys the courts order or resigns....

[Jingthing]

Another example of Christian fanaticism (I'm Christian by the way); how do people like this get elected in the first place? same goes for Bush; stupid voters I guess. I'm sure she had to take an oath of office to "uphold the law", plus, the Bible says to obey the law. So, she is a hypocrite as well as a bitch.

I'm certain that the vast majority of American Christians, either religiously so or more cultural/secular Christians do not support this woman in not doing her job under the law.

[sgtsabai]

Do you mean the police reports I filled out while doing my job or my inch or so thick criminal history? I wasn't a "bull". The b****h is just another right wingnut and thankfully there aren't too many, but they are loud and well funded, see Koch (John Birch Society traitor brothers and their ilk. Anybody that shares her "beliefs" is just another right wingnut, faux religious, extremist, dominionist, homophobic, racist, bigoted, misogynist. And like all troglodytes they belong in the dust bin of history.

[Chicog]

I'm still waiting to see who is going to smite her for ignoring Leviticus 19:19.

Or is it just OK for the harridan to cherry pick which parts of the bible she's going to get worked up about?

[Scott]

Do you mean the police reports I filled out while doing my job or my inch or so thick criminal history? I wasn't a "bull". The b****h is just another right wingnut and thankfully there aren't too many, but they are loud and well funded, see Koch (John Birch Society traitor brothers and their ilk. Anybody that shares her "beliefs" is just another right wingnut, faux religious, extremist, dominionist, homophobic, racist, bigoted, misogynist. And like all troglodytes they belong in the dust bin of history.

For what it is worth, David Koch supports gay marriage.

[tigermonkey]

That woman is not fighting for her "religious" convictions, however misguided they may be, she is fighting to impose her stupid, bigoted faux "religious" beliefs on others. Let her rot in jail, contempt of court is an open ended sentence. I do agree, fine the county for every day they do not honor peoples civil rights and the court order. The US was founded as a secular country, no matter how the religious, extremist, dominionist, homophobic, racist, bigoted, misogynist, radical right wing tries to rewrite history. Thankfully the faux "christian" sharia has not taken over yet. Marriage is meant to be between two loving couples, period. Who in their right mind, oops sorry correct mind, would object to a couple getting married. The same people that object to mix races marrying? On that I would bet. If in fact she is a life long Demo, hard to believe, I hope she changes to Repub where she belongs. Apparently the "Southern Doctrine" hasn't gotten to her yet.

Hmmm- well that certainly is a new definition for marriage. What do we call it ? ---menage a quatre ? Can you enlighten us as to the gender of the four persons in this marriage -- or perhaps it doesn't matter. - the more the merrier ??

Edited September 7, 2015 by tigermonkey

[Chicog]

Do you mean the police reports I filled out while doing my job or my inch or so thick criminal history? I wasn't a "bull". The b****h is just another right wingnut and thankfully there aren't too many, but they are loud and well funded, see Koch (John Birch Society traitor brothers and their ilk. Anybody that shares her "beliefs" is just another right wingnut, faux religious, extremist, dominionist, homophobic, racist, bigoted, misogynist. And like all troglodytes they belong in the dust bin of history.

For what it is worth, David Koch supports gay marriage.

Does he put millions into it?

[Jingthing]

This topic is only about marriage between TWO persons.

[Mrjlh]

Did anyone here bother to read current Kentucky Law? Think not. It's Kentucky Statute 402.020. It says:

402.020 Other prohibited marriages.
(1)
Marriage is prohibited and void:
(a)
With a person who has been adjudged mentally disabled by a court of
competent jurisdiction;
(
Where there is a husband or wife living, from whom the person marrying has
not been divorced;
©
When not solemnized or contracted in the presence of an author
ized person or
society;
(d)
Between members of the same sex; and it continues several more items like multiple partners, under age, etc.

Even though the Supreme Court decision over ruled these laws, they still need to be changed. This Lady only had to state that she would be violating current law but instead she had to bring GOD into the fray.

Now that she is in jail she technically is not able to conduct her business so you look to the next law 402.240:

402.240 County judge/executive to issue license in absence of clerk.
In the absence of the county clerk, or during a vacancy in the office, the county
judge/executive may issue the license and, in so doing, he shall perform the duties and
incur all the responsibilities of the clerk. The county judge/executive shall return a
memorandum thereof to the clerk, and the memorandum shall be recorded as if the
license had been issued by the clerk.
Effective:
October 1, 1942
History:
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 211

The license can now become valid so she is wrong about it's validity. Also during her contempt charge hearing, the Judge could have done a lot to end this issue but he apparently was too pissed off for being disobeyed. Further there were several other legal avenues that could have been ordered to quicken the process. Like having the Governor order the change.

There is also a stupid county requirement (couldn't find it the second time) that says only the "woman" can pickup the license.

Back to her. Keep her ass in Jail. Forcing her religious beliefs on others is akin to being a Dictator. She had a duty to perform and she used the wrong ideaology in doing it. She can believe all she wants in the Almighty Monkey's butt, it doesn't change the fac she failed to do her job correctly.

[Jingthing]

The SCOTUS decision means all other local laws codifying discrimination against same sex couples is unconstitutional.

[Thakkar]

That woman is not fighting for her "religious" convictions, however misguided they may be, she is fighting to impose her stupid, bigoted faux "religious" beliefs on others. Let her rot in jail, contempt of court is an open ended sentence. I do agree, fine the county for every day they do not honor peoples civil rights and the court order. The US was founded as a secular country, no matter how the religious, extremist, dominionist, homophobic, racist, bigoted, misogynist, radical right wing tries to rewrite history. Thankfully the faux "christian" sharia has not taken over yet. Marriage is meant to be between two loving couples, period. Who in their right mind, oops sorry correct mind, would object to a couple getting married. The same people that object to mix races marrying? On that I would bet. If in fact she is a life long Demo, hard to believe, I hope she changes to Repub where she belongs. Apparently the "Southern Doctrine" hasn't gotten to her yet.

About Davis being a Democrat, I read a piece years ago about this, but can't find it now. Southern democrats from the backwoods of America are basically Republicans who never got the memo that the parties switched places in the 60s, and the bigots are supposed to be on the red team. Most of them vote Republican in national elections.

Democrat or not, she is wrong. Wrong on the law, wrong on the meaning of "religious rights," wrong to want to impose her personal beliefs on others, wrong to insist on keeping a job that she insists on doing only selectively, and wrong to withhold authorization for others in her office to do the job.

T

[Jingthing]

Again, she does not represent the modern democratic party which is a champion of GLBT civil rights.