Rowan County clerk asks Supreme Court to shield her from issuing same-sex marriage licenses

[mahatmakanejeeves]

Source: Kentucky.com, Lexington Herald-Leader

By John Cheves
[e-mail]
August 28, 2015 Updated 34 minutes ago
2015-08-28 T19:30:06Z

Two months after the U.S. Supreme Court legalized same-sex marriage, Rowan County Clerk Kim Davis wants the nation's high court to shield her from issuing marriage licenses to gay couples.

On Friday, Davis filed an emergency application with the Supreme Court asking for a stay of a preliminary injunction issued by U.S. District Judge David Bunning that ordered her to resume issuing marriage licenses.

Davis, who says she has a religious objection to authorizing the marriage of same-sex couples, has refused to issue marriage licenses to anyone since the Supreme Court's decision on June 26. A half-dozen Rowan County couples are suing her.
....

Davis' application was made to Associate Justice Elena Kagan, who oversees the 6th Circuit, including Kentucky. Kagan, appointed to the court in 2010 by President Barack Obama, was one of the five justices to vote with the majority legalizing same-sex marriage this summer.


Read more: http://www.kentucky.com/2015/08/28/4009810_rowan-county-clerk-asks-supreme.html

---

Hat tip, Joe.My.God: KENTUCKY: Anti-Gay County Clerk Kim Davis Demands Extension On Temporary Stay Due To Dissolve On Monday

Additional special hat tip to DUer DonViejo for his extensive coverage of this story.

And to answer the question "why don't they just fire her?" it's Because she was elected.

[Angry Dragon]

1. I guess she would be okay with anyone deciding what they will or will not do on their job

[Kelvin Mace]

4. When she has a medical crisis

Does she want an atheist EMT petitioning the court to not have to provide her with first aid since her beliefs conflict with his own?

[Angry Dragon]

10. or even a different religion

[mahatmakanejeeves]

12. Worse, she could be wearing a polyester-cotton blend. NT

[volstork]

22. Or choking on a bacon-wrapped shrimp.

n/t

[Dawgs]

2. Even if she's in the right, where does she expect them to go? I don't think they have an option.

Am I wrong?

[jberryhill]

5. Next county over

Part of her argument at the District Court was that her office's refusal to issue licenses was not really causing harm, because the clerk in the next county will, in fact, issue them.

The court gave that argument all the merit it deserves.

[Dawgs]

6. Thanks. BTW, she disgusts me. n/t

[Angry Dragon]

13. did she offer to give them gas money, pay for their extra time??

[jberryhill]

14. Heh

I would imagine that assisting them in any way would be contrary to her professed beliefs, such as they are.

But the court was pretty clear on that not being a viable reason to allow her not to follow the law.

[jberryhill]

18. Because nothing vindicates Constitutional rights better than violating them

The Supreme Court is not going to act on the present petition, which was her right to file once the 6th Circuit denied her appeal of the District Court order.

After that, the couple should go back one more time, in order to confirm continued violation of the order, move for an Order to Show Cause why she should not be held in contempt by the District Court, and then she'll have an opportunity for a hearing to explain why she is not following the order. At that point, the District Court has a range of options.

She's running out of squares on the due process bingo card, so this thing will be ripe for an interesting turn of events very shortly.

Personally, I'm betting on her toughing out incarceration for contempt (until her term expires). But, seeing that she'd likely go ahead and do that, then I haven't considered the extent to which the court could instead (or in addition) impose an increasing clock fine on the county.

When there is nobody at the county office who can record real estate transactions or conduct county business, then it becomes a very different situation from her sitting solo in a jail cell, counting down the days until she can go on the sermon circuit to sell her book.

Remedies for contempt are highly discretionary, but the guiding principle is that remedies for contempt should be tailored to obtaining compliance by the contemnor. Again, Judge Bunning probably understands that incarceration is not likely to obtain compliance, and may look for some other options.

That said, the case books are full of interesting "get me out of here" arguments by incarcerated contemnors. My favorite ones the ones acting on various species of moral conviction who argue that incarceration should be ended because the contemnor has every intention of remaining in jail until Hell freezes over (although, again, here we are looking at around a year). The stock response to that kind of argument is, "Well, how about we check back in on you in another couple of months and see if you change your mind."

Susan McDougal hung in there for the Clintons for 18 months, correctly betting on an eventual pardon.

[mahatmakanejeeves]

23. Thank you for that explanation. NT

[mahatmakanejeeves]

7. Other counties in Kentucky.

I'm not saying they should, but that's the "it's their fault" argument.

[jberryhill]

11. The original District Court decision considered and, rightfully, rejected that argument

From the original District Court decision:

“Davis is correct in stating that Plaintiffs can obtain marriage licenses from one of the surrounding counties; thus, they are not totally precluded from marrying in Kentucky,” writes Bunning. “However, this argument ignores the fact that Plaintiffs have strong ties to Rowan County…. And for other Rowan County residents, it may be more than a preference. The surrounding counties are only thirty minutes to an hour away, but there are individuals in this rural region of the state who simply do not have the physical, financial or practical means to travel.

“This argument also presupposes that Rowan County will be the only Kentucky county not issuing marriage licenses,” Bunning continues. “While Davis may be the only clerk currently turning away eligible couples, 57 of the state’s 120 elected county clerks have asked Governor Beshear to call a special session of the state legislature to address religious concerns related to same-sex marriage licenses. If this Court were to hold that Davis’ policy did not significantly interfere with the right to marry, what would stop the other 56 clerks from following Davis’ approach? What might be viewed as an inconvenience for residents of one or two counties quickly becomes a substantial interference when applicable to approximately half of the state.”

[wolfie001]

2. Maybe the SC can issue her a real shield and a sword as well....

....just like Jeebus when he returns and kills all of us non-believers and agnostics. 'Merica hell yeah!!!.........

[tanyev]

8. So I wonder if Ms. Davis contacted Liberty Counsel or if they contacted her.

Because they sure are milking this.

Roger Gannam, Senior Litigation Attorney for Liberty Counsel, said of the lawsuit…

“This case is not about couples who want to be married–they can easily get married in Kentucky. This case is about crushing dissent and removing Christian public servants from office. Religion tests for holding elected office are unconstitutional and un-American.”

Just as Justice Alito predicted in his dissent in the Obergefell ruling, secularists are trying to ‘stamp out every vestige of dissent’ by targeting people of faith who do not agree with same-sex marriage.

Yesterday’s court case is not just for Kim Davis, it is for every Christian who holds office or owns a business. It is for every pastor and church member in America. We are fighting for your rights to exercise your deeply held religious beliefs. The First Amendment specifically declares, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Please stand with us in our defense of natural marriage, religious liberty, and the right of conscience. Click here or on the banner below to give a special gift to Liberty Counsel’s litigation fund to empower us to stand against the likes of the ACLU, whose war chest is virtually unlimited.

http://libertycounsel.com/battle-lines-are-being-drawn-across-the-nation-liberty-counsel/

[jberryhill]

19. That was all arranged in advance

You could ask the same question of the plaintiffs. It's irrelevant either way.

Do "advocacy lawyers" look for cases? Sure. That's not a phenomenon unique to the right or the left. It's a feature of the system.


on edit: ooooh, they also have a link to a petition to impeach President Obama! They are full-service nitwits.

[lbrtbell]

42. No marriage is "natural"

Nature drives people to fornicate, period. Marriage is a social and legal entity.

[RussBLib]

9. can't fire her? put her in jail, then

let her become a martyr for bigotry and hatred

[Beta Male]

16. Reassign her

I'm sure there's a lot of rednecks having trouble marrying their daughters. She could be of great help!

[Historic NY]

17. If she isn't doing the job the get her pay stopped...

she isn't entitled to pay for not working.

[Xipe Totec]

20. All she has to do is resign. Problem solved. nt

[beac]

39. It will be interesting to see if she holds to "defending" her beliefs and goes to jail for

contempt or court or if, faced with jail, she suddenly decides finding a job where she can freely bigot all day long is more appealing.


Amazed that this nutjob found FOUR DIFFERENT MEN to join her in the "sanctity" of marriage.

[dem in texas]

21. Wait Until the County get the bills for her legal fees

In Farmers Branch, a town near Dallas, the city council passed a law to keep illegal immigrants out of apartments and other rental housing in the city. This was pushed a group of city council members who were very "tea Party" before the tea party was around. Anyway, the law was struck down and after several appeal in the courts, the city had racked up a legal bill of over 5 million dollars and the ticker was still running. Needless to say, the voters kicked the council members out (the ones who supported the law). That is what is going to happen with in Rowan County, Ky if they let their clerk defy the law of the land. Serves them right to put up with it.

[jberryhill]

26. She's not being defended at county expense

[nichomachus]

24. So, if your religion trumps law

Then Catholic clerks could refuse licenses to divorced persons

Or Muslim clerks could issue licenses to men who are already married since their religious beliefs allow for multiple wives.

[Liberalagogo]

25. Let's see, who was it again that's always wanting "special rights"?

Hint: It's NOT the gays.

[brush]

27. How far does she expect to get with the court that made the decision?

Is she operating on all cylinders?

SCOTUS is the court that handed down the decision she's violating.

[RoccoR5955]

28. Throw her in jail

and fire her ass. She is going against the law, and not doing her job!
Plain and simple!

[Botany]

29. The SCOTUS already made gay marriage "settled law" so that very same court ...

.... is not going to invalidate their own ruling. This might just be a ploy on her
part to buy more time for her to be a bigot.

I am not a lawyer but I play one on DU and I doubt that the SCOTUS will even hear the case.

[KansDem]

30. Ms. Davis has been married four times...

In Rowan County, Kentucky, clerk Kim Davis, who has been married four times, has been under fire for refusing to issue marriage licenses to same-sex couples because of her religious beliefs. Two different couples have sued her, but in addition to seeking a dismissal of those cases, she filed a suit of her own this week against Gov. Steve Beshear (D), claiming that he violated her rights by instructing her to do her job.

Since the Supreme Court’s ruling that brought marriage equality to all 50 states, Beshear has been adamant that county clerks, as elected officials, have a sworn obligation to serve all citizens equally. In July, he remarked, “When you voluntarily decide to run for office, and you win, and you raise your hand and you take the oath… that oath doesn’t say, ‘I will uphold the parts of the Constitution that I agree with and won’t with the parts I don’t agree with.'”

According to Davis and her lawyers at the anti-LGBT Liberty Counsel, Beshear’s letter to the county clerks ordering them to comply with Obergefell violated her religious beliefs: “The Comonwealth of Kentucky, acting through Governor Beshear, has deprived Davis of her religious conscience rights guaranteed by the United States and Kentucky Constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs.”

It goes on to blame Beshear for having “exposed” Davis to the lawsuits she now faces from same-sex couples, arguing that he is liable for her claims and “is also obligated to effect Kentucky marriage licensing policies that uphold Davis’s rights of religious conscience.”

http://thinkprogress.org/lgbt/2015/08/06/3688648/kentucky-county-clerk-job-suit/

Sooooo, her religion forbids her issuing marriage licenses to gay couples, but she can marry and divorce multiple times? Do I have that right?

Edited to add:

What Does the Bible Say About Divorce?

Clearly God hates divorce (Malachi 2:16) because “What God has joined together, let man not separate . . . I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery” (Matthew 19:6, 9). Jesus said that, “Anyone who divorces his wife and marries another woman commits adultery against her. And if she divorces her husband and marries another man, she commits adultery” (Mark 10:11-12). Being unequally yoked with unbelievers was mentioned prior to marriage but God is just as clear that divorce is not permissible just because one is not a believer and the other is not.

Are There Biblical Grounds For Divorce?

There are biblical grounds for getting a divorce and it is ongoing, unrepentant adultery. Some believe if there is physical abuse against a spouse and physical or sexual abuse of the spouse’s children that is never resolved, they may divorce. That is a person’s decision after they counsel with a pastor or Christian marriage counselor. At the least they should move out immediately and report this to the police.

Sexual immorality or adultery that is unrepentant and ongoing is reasonable before God’s eyes for permitting a divorce. Jesus said that, “But I tell you that anyone who divorces his wife [and husband of course], except for sexual immorality, makes her [or him] the victim of adultery, and anyone who marries a divorced woman commits adultery” (Matt 5:37. 19 ). Adultery is breaking a serious commandment (Ex 20:14). But if the adultery and sexual immorality committed by the sinning spouse stops and they repent, then there should be every chance given to the person to forgive them (Mark 11:25, Luke 6:27-28). God is all about forgiveness and we are told to forgive our brother or sister when they fall and want to be restored.

Read more: http://www.whatchristianswanttoknow.com/reasons-for-divorce-what-does-the-bible-say/#ixzz3k9EGLwji

Still confused...

[Betty Karlson]

34. Count me positively floored by that revelation. That woman is vile. Such a

let's go for hypocrite. I'd rather not compare her to female dogs. Bitches are usually nice to LGBT people.

[Vinca]

31. She isn't officiating at a wedding. She's filling in boxes on a form.

Get a grip, lady, or get another job.

[Dont call me Shirley]

33. Kim Davis, "Oh please Lords of the Supreme Court, protect my god-given right to discriminate"

[bluestateguy]

35. When is the governor going to stop tolerating her bullshit?

And order her arrest. Just quit pushing paper, and order the state troopers to arrest her and remove her from office.

"Oh, but, but, he caaaaaan't...because, blah, blah, blah..."

No, bullshit, just do it.

[7962]

41. Sure, if that action is legal. If not, then no he shouldnt.

But there should be a way to remove incompetent elected officials

[turbinetree]

36. Apparently,KAGAN .....

is going to have to take out a big poster board and write on it with crayons the court will not VACANT the ruling ----------now issue the licenses--------------if not, then the judge should hold you in CONTEMPT even if you are a "elected" person------you can be held in CONTEMPT

You have now cost your county thousands of dollars------------------this worthless gambit costs money and typical republican hypocrite trying to hide from the "RULE OF LAW"

[JudyM]

37. I loved Kagan's questioning during oral argument... She might come up with a zinger on this to make

a point. Love her.

[cp]

38. Hey, clerk, it's your job

to issue marriage licenses, among many other statutory duties.
If you don't want to do the job, there's the door.

[7962]

40. There must be a way to remove incompetent elected officials

this woman needs to GO.