Tag: Kentucky

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Kentucky County Clerk Kim Davis Loses In Court Again

Another misguided appeal by beleaguered Kentucky County Clerk Kim Davis, another denial from federal court.

Kim Davis’ lawyers asked U.S. District Judge David Bunning to order the governor of Kentucky to force the state to accommodate her “deeply held religious beliefs” (that don’t include divorce).

Judge Bunning ruled against the request saying his court does not have the authority to order state officials to alter or amend state license forms.

Via Equality Case Files:

In her Motion, Davis suggests that the Court could easily stem the tide of litigation by simply ordering Governor Beshear and Commissioner Onkst to remove her name and authorization from the marriage license form.

While this is a seemingly simple request, it is not consistent with principles of federalism.

Under the Eleventh Amendment, as interpreted by Pennhurst, the Court simply does not have the authority to order Governor Beshear or Commissioner Onkst to alter the marriage license form or amend KRS §402.100 based on alleged violations of Davis’ rights under the Kentucky Constitution and Ky. RFRA.

Davis’ claims brought under state law should therefore be brought in Kentucky state court. To the extent that she seeks relief in the form of such an accommodation for violations of Kentucky state law, only the state court can grant such relief.

What Ms. Davis’ only remedies are:

Allow her office to issue the marriage licenses OR,

Wait for the state legislature’s next session in January and hope for changes in the law that will remove her authority on the issue of marriage licenses.

It’s her choice. Until then she has to issue the licenses as part of her job.

It’s actually quite simple.

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Anti-Government “Patriots” Plan To Stop U.S. Marshals From Arresting Kim Davis Again

Oath Keepers stationing themselves as snipers near Bundy Ranch
near Las Vegas last year

You’ll recall the Oath Keepers, a heavily armed, anti-government “Patriot” group, from their standoff last year at the Bundy Ranch near Las Vegas, Nevada, and also stationing themselves armed with heavy duty assault rifles outside military recruitment centers this year after the Chattanooga shooting.

In addition, they made an unsettling appearance in Ferguson, Missouri, with their assault rifles, walking among protesters in an act of intimidation.

Now, the group says they will offer to be Kentucky County Clerk Kim Davis’ “personal security detail” in order to stop federal marshals from arresting Ms. Davis should she renege on her agreement to not interfere with the issuance of marriage licenses to same-sex couples in Rowan County.

Via Right Wing Watch:

Oath Keepers founder Stewart Rhodes announced yesterday that he had reached out to Davis’ lawyers at Liberty Counsel to offer the protection of his group, which he says is already forming a presence in Rowan County, Kentucky, where Davis was recently released from jail after prohibiting her office from issuing marriage licenses.

Rhodes said in a statement that his position has nothing to do with gay marriage, but rather his conviction that Davis had been illegally detained by the federal judge who held her in contempt for violating multiple court orders.

Rhodes said that the Rowan County sheriff should have blocked U.S. Marshals from detaining Davis, but since neither the sheriff nor the state’s governor will do their “job” and “intercede” on behalf of Davis, the Oath Keepers will have to do it instead. “As far as we’re concerned, this is not over,” he said, “and this judge needs to be put on notice that his behavior is not going to be accepted and we’ll be there to stop it and intercede ourselves if we have to. If the sheriff, who should be interceding, is not going to do his job and the governor is not going to do the governor’s job of interceding, then we’ll do it.”

Rhodes says his guys are already in the area and more are on their way. He says his group plans to “lead by example” should law enforcement seek to arrest Ms. Davis again.

In my opinion, this is basically private citizens choosing to take the law in their own hands (or oppose it).  Bad idea.

Let’s see: assault rifles in the hands of folks who aren’t trained to handle high pressure situations.

What could possibly go wrong?

Listen to Rhodes below discuss the issue with Jackson County, Kentucky, Sheriff Denny Peyman:

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U.S. District Judge Bunning Releases Kim Davis From Custody

Click pic to enlarge

U.S. District Judge David Bunning has released rogue County Clerk Kim Davis from custody on the condition that she not interfere with the issuance of marriage licenses to same-sex couples by her deputy clerks.

Should she interfere, the judge threatens “appropriate sanctions,” whatever those might be.

The judge also calls for Status reports every 14 days from the deputy clerks on the compliance with the court’s order.

The HRC issued this statement upon her release:

“It is imperative that Kim Davis follow the law and allow same-sex couples to access their constitutional right to marry the person they love. Period,” said HRC Legal Director Sarah Warbelow. “While Davis has the right to believe whatever she likes, as a public official she has no legal basis to refuse to follow the Supreme Court’s ruling in Obergefell v. Hodges. The overwhelming majority of public officials across this country are following the law, and history will not judge her kindly. It’s far past time for this needless ordeal to end.”

Not sure what’s next. Will bat-shit crazy Kim Davis interfere? Will she get fined or thrown back in jail?

Tune in next time – same Bat-time, same Bat-channel.

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Kentucky Gov. Beshear Says Kim Davis’ Conflict Is “Between Her And The Courts”

Kentucky Gov. Steve Beshear

Rogue County Clerk Kim Davis continues to cool her heels in the hoosegow in Rowan County as her lawyers file an motion to the 6th Circuit Court of Appeals appealing her contempt of court charges.

Her lawyers have also asked Kentucky Gov. Steve Beshear to “exempt” her from having to issue marriage licenses to same-sex couples until the state legislature can convene in January and perhaps pass legislation removing the names of county clerks from marriage licenses.

Beshear’s answer was to say he has no intention of responding to the request saying the conflict was a “matter between her and the courts.”

Most legal analysts say Davis’ team has little to no chance of receiving any kind of respite from the 6th Circuit.

In other “Kim Davis” news – the much anticipated crowd-sourcing campaign to raise money for Davis was launched over the holiday weekend, but so far it hasn’t grown into the vast windfall other anti-gay folks have seen. At this writing the fund has raised less than $6,000.

I guess Davis will have to look to a book deal to make her martyr millions.

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Husband Of Rogue County Clerk: “She’s Not Going To Bow Out”

(image via screen capture)

Standing in front of the Rowan County Court House, the husband of rogue County Clerk Kim Davis defended his wife, who had spent her first night in jail for refusing to follow the law and issue marriage licenses to same-sex couples.

U.S. District Judge David Bunning ordered Davis’ deputy clerks issue the licenses beginning Friday morning to whoever applied for them.

Bunning offered to release Davis if she promised not to interfere with her employees issuing licenses, but she refused.

Holding a sign that says “Welcome to Sodom and Gomorrah,” Joe Davis said his wife would not resign from her position and would stay in jail for as long as it takes. “She’s not going to bow out,” said Davis.

(source)

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Kentucky County Clerk Kim Davis Found In Contempt Of Court, Remanded To Custody

In light of Rowan County Clerk’s continued defiance to heed even the U.S. Supreme Court’s ruling on same-sex marriage, U.S. District Judge David Bunning ruled Davis in contempt of court and remanded to custody.

Attorneys from the American Civil Liberties Union had requested in their motion for contempt of court that the clerk should be fined, not jailed. The attorneys asked the court to “impose financial penalties sufficiently serious and increasingly onerous” to make her comply with the high court’s order.

U.S. District Judge David Bunning felt differently, and saying Davis’ supporters would pay her fines. And so, U.S. Marshals took her into custody.

According to reports, she can be released if she will allow her deputy clerks to issue marriage licenses.

From CNN:

The clerk, an Apostolic Christian who says she has a sincere religious objection to same-sex marriage, has refused to issue any marriage licenses since the Supreme Court decision in June legalizing same-sex marriage.

Bunning ordered Davis to resume the issuing of marriage licenses on August 12. Monday night, the Supreme Court denied an emergency application from Davis, who asked that Bunning’s order be put on hold pending appeal.

In court papers, attorneys for Davis argued that she is unable to comply with the court orders because issuing same-sex marriage licenses “irreparably and irreversibly violates her conscience.”

The ACLU attorneys, who represent two same-sex couples and two opposite-sex couples who want to get married in Rowan County, argued that Davis has no legal basis to avoid performing her duties as a government clerk.

And a federal prosecutor said it’s time for Davis and her county to comply.

“Government officials are free to disagree with the law, but not disobey it,” U.S. Attorney Kerry B. Harvey said in a statement. “The County Clerk has presented her position through the federal court system, all of the way to the U.S. Supreme Court. It is time for the Clerk and the County to follow the law.”

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Pat Robertson: Gays Want All Christians In Jail So Get Used To It

Televangelist host of “The 700 Club” Pat Robertson says that “the gays’” ultimate goal is to put rogue Kentucky County Clerk Davis and other gay rights opponents in prison for their stance.

So this whole thing is — putting her in jail and so forth — is nonsense. But it will happen and it’s just the beginning, it’s the warmup of this battle. And I want you to know right now, you’ve heard it here, the gays do not just want to be recognized, they do not want to be accepted, they do not want to have just freedom, they want everybody to agree with them and everybody who doesn’t agree with them and does not comport with their way of thinking, they want to be punished, put in jail, or fined. That’s the way they want it and you might as well get used to it.

(via Right Wing Watch)

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County Clerk Kim Davis: “If I Left I Would Have No Voice For God’s Word”

Before heading into court this morning, anti-gay Kentucky County Clerk Kim Davis gave an “exclusive” interview with extreme right-wing Fox News reporter Todd Starnes.

Here’s just a bit of what Ms. Davis had to say:

“I’ve weighed the cost and I’m prepared to go to jail, I sure am.”

“This has never been a gay or lesbian issue for me. This is about upholding the word of God.”

“This is a heaven or hell issue for me and for every other Christian that believes. This is a fight worth fighting.”

“I would have to either make a decision to stand or I would have to buckle down and leave. And if I left, resigned or chose to retire, I would have no voice for God’s word.”

“I’m very steadfast in what I believe. I don’t leave my conscience and my Christian soul out in my vehicle and come in here and pretend to be something I’m not. It’s easy to talk the talk, but can you walk the walk?”

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Kentucky: Deputy Clerks Would Issue Marriage Licenses But Are Afraid Of Kim Davis

According to Shannon Ragland at Kentucky Trial Court Review, Kentucky County Clerk Kim Davis is acting on her own in regard to her noncompliance to the ruling on same-sex marriage by SCOTUS.

In an interview with Cecil Watkins, the Rowan County Attorney, Watkins said that deputy clerks would issue lawful marriage licenses, if allowed. But Davis has made them afraid to do so.

Watkins added that if Judge Bunning instructs them to do so, they will.

Watkins also said Davis has put her employees and everyone in the courthouse in a “terrible position.”

(h/t JMG)