Post by NewOrleans on Aug 29, 2015 20:18:54 GMT -5
The Supreme Court is being asked by a Kentucky county clerk for permission to keep denying marriage licenses to same-sex couples months after the court legalized gay marriage.
Rowan County Clerk Kim Davis, who opposes to gay marriage for religious reasons, asked the nation’s highest court on Friday to grant her “asylum for her conscience.”
ADVERTISEMENT The Supreme Court ruled in June that the Constitution guarantees gay people the right to marry. However, Davis contends the First Amendment guarantees her the right of religious freedom. She stopped issuing all marriage licenses in the days after the landmark decision. Two gay couples and two straight couples sued her, arguing that she must fulfill her duties as an elected official despite her religious conviction. A federal court judge ordered Davis to issue licenses and an appeals court upheld the decision.
Davis’ lawyers said they filed an emergency appeal with the Supreme Court Friday, asking that they delay the mandate to issue licenses until her appeal is over, a process that could stretch for months.
Jonathan D. Christman, Davis’ attorney, said forcing her to abandon her Christian principles and issue licenses could never be undone, wrote the court. He compared it to forcing a person who objects to war into the battlefield, or forcing a person who opposes capital punishment to carry out an execution.
"That searing act of personal validation would forever, and irreversibly, echo in her conscience — and, if it happened, there is no absolution or correction that any earthly court can provide to rectify it," he wrote.
Davis argues the couples could drive to a nearby county to get a marriage licenses. But the couples say that they have a right to get a marriage license in the country where they live, work and pay taxes.
Davis' case will fall to Sixth Circuit Justice Elena Kagan, a liberal judge who joined the majority opinion in legalizing gay marriage. Kagan could reject it outright in a matter of days, or she could ask the couples' attorneys to file a response and refer it to court for review.
Dan Canon, an attorney representing the couples, called Davis' latest challenge "meritless."
"We've already had four federal judges speak very clearly on this particular issue, and I don't anticipate the response from Justice Kagan is going to be any different," Canon said. "Each time we get an opinion on this case, it's a reaffirmation of what is a core tenant of American democracy: an elected politician can't govern an entire county according to his or her own private religious beliefs. They have to follow the law."
University of Louisville law professor Sam Marcosson said he believes Kagan will deny Davis, and the question will become what the clerk will decide to do under contempt of court charge, which can carry fines or jail time.
Davis has said she will not resign from her $80,000-a-year job, and vowed that she will never license a same-sex marriage. She has turned couples away for two months, in defiance of a series of court orders.
Davis cannot be fired because she is an elected official. The Legislature could impeach her, but that is unlikely given that many state lawmakers share her beliefs. The Republican president of the state Senate spoke at a rally last week in support of Davis.
The gay couples that sued her could ask U.S. District Judge David Bunning to hold Davis in contempt. That would trigger another court hearing and would likely include testimony from Davis herself. The judge could then order hefty fines or even put her in jail until she complies with the order.
Davis also asked Bunning on Friday to give her more time to continue her appeals. He rejected her request.
Several couples said they plan to return to the courthouse next week to try again for a license. For some, it will be their fourth attempt.
"This has been an emotional roller coaster for our clients," Canon said. "We've won every step of the way. And we don't expect that to change. But even still they have not been able to get their marriage licenses."
The Associated Press contributed to this report.
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Post comment as... NewestOldestHot Threads Mystery7 Mystery7 6 minutes ago Jesus said, "my Kingdom is not of this world." It's becoming more and more obvious that it isn't. Thank God for Christians, one day we will live in His Kingdom where He will reign as King.
LikeReply Lebowski113 Lebowski113 10 minutes ago Why is this woman still employed? Why is this a thing? Fire her.
LikeReply Heavyartillery Heavyartillery 8 minutes ago @lebowski113 She is an elected official, can't be fired.
LikeReply GeorgebushjrHasasmalldingle GeorgebushjrHasasmalldingle 15 minutes ago Luckily for me, I don't let an aged book of lies and over-exaggerated fairy tales determine what is right and wrong. This lady has got copious amounts of pink Himalayan salt in her vag.
LikeReply Mystery7 Mystery7 10 minutes ago Nope. You just let other humans tell you what's right or wrong.
LikeReply GeorgebushjrHasasmalldingle GeorgebushjrHasasmalldingle 6 minutes ago @mystery7 Exactly! But realizing your your god is a fraud and nonexistent, that was a gut decision made by my own volition.
#Obama2016!
LikeReply givemwhat4 givemwhat4 1 hour ago "He compared it to forcing a person who objects to war into the battlefield, or forcing a person who opposes capital punishment to carry out an execution." This is true. It is entirely appropriate to put this in the same category. What about this do people who support gay marriage not understand? It is not hate that is the animus here, it is sincere conscientious objection based on religious beliefs. Remember, religious liberty is at the core of the foundation of this country. Give this county clerk and all people who have such objections accommodation. That is the ethical. moral and just thing to do.
LikeReply birthersaredumb birthersaredumb 56 minutes ago Yet she's sign marriage licenses for a kinds of sinners but only made an issue out this particular flavor of sin. She's a homophobe using religion to hide behind.
Conscientious objectors are reassigned and someone else does the job .
LikeReply Heavyartillery Heavyartillery 6 minutes ago @birthersaredumb Check your facts. Since the SCOTUS ruled in favor of LGBT marriage case she hasn't issued any marriage licenses to anyone
LikeReply Dedoodazippy Dedoodazippy 1 hour ago that chick's a dude. Nice hair line.
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Get a new job! I'm really tired of these people bitching about gay marriage and refusing to do their jobs over it. There's probably 100 people in her town that would gladly take her position.
Post by gretchenindisguise on Aug 29, 2015 20:52:56 GMT -5
How do these people not understand the first amendment and then find lawyers that similarly don't understand the first amendment to take up their cause?
No, don't force her- just fire her and hire someone that will actual perform the duties required by the job!
She's an elected official so she can't be fired. She can only be impeached but the people who could impeach her unfortunately hold many of her same views.
Best option she gets held in contempt and has to pay a ton of fines or even gets sent to jail.
"Jonathan D. Christman, Davis’ attorney... compared it to forcing a person who objects to war into the battlefield, or forcing a person who opposes capital punishment to carry out an execution."
FALSE.
This argument only works if someone is forcing what's-her-face to marry a woman and partake in same-sex marriage.
What she is doing is more like stopping willing soldiers from going to battle or stopping willing executioners from doing their executing.
Post by BicycleBride on Aug 29, 2015 22:29:22 GMT -5
So as a Kentuckian, I am almost as irritated with all the other lifelong residents in comments sections who do not know that county clerks are elected in our state as I am with this lady. Almost. There are a couple other little weird facets to this story that I have picked up through local news but I don't remember where so I can't site sources. Casey Davis (who is unrelated to her and, as is fairly common in KY, shares a first and last name with two other counties in which he does not reside making reading news stories about this guys practically require a spreadsheet) is a clerk in a different county and is currently riding his bike across the state in support of her. The Rowan County Attorney can't file official misconduct charges against her because they already have some sort of pending legal action. The county attorney has referred the charges to the state attorney general, who is currently the democratic nominee for governor. So I don't know what he will do because although KY has a long history of electing democratic governors (with Fletcher being the exception), a lot of people vote for the democrat because it's what they have always done, not necessarily because they have liberal leanings. I have no idea how we will get rid of her if she doesn't step down. I highly doubt the legislature will ever choose to impeach her and I even see it as a possibility that she could get reelected. I sort of wonder if someone in Bevin's campaign (the republican candidate) is pushing her to keep this going in order to energize conservative votes to show up at the general election in November. Also I'm happy that this whole thing has proven the theory that Beshear pushed ssm to the Supreme Court because he knew it would be the only way It would become legal in Ky.
So some people's religious belief indicate they can't stand in judgment of others (see it occasionally in jury pools). So could that person take a job as a judge and then refuse to make a single ruiling because its against their religious beliefs?
Or someone who believes in no medical intervention at all- they become a pharmacist or a doctor and then refuse to give out any medications or do any medical treatments as it violates their religion.
If your religion "prevents" you from doing a fundamental part of your job I think it should be on you to find a new job.
can't you be excused from the draft as a conscientious objector?
Analogy still doesn't hold weight though. No one is compelling her to have that job. She can conscientiously resign. Hypocritical bitch.
Well the military hasn't drafted in a long time and isn't about to start.
You can join the military and then discover you have a conscientious objection to war. BUT then you are honorably discharged. You don't get to keep your job if you aren't going to perform the duties.
Post by secretlyevil on Aug 30, 2015 6:33:55 GMT -5
The ethical thing would be to resign. If your religious beliefs prevent you from doing a major part of that position then resign and do something else that sits right with your conscious.
Post by bernsteincat on Aug 30, 2015 9:57:08 GMT -5
I was actually pleased to see our podunk county clerk put an article on the front page of our podunk county paper ahead of the decision saying that she personally does not agree with or support gay marriage (eye roll) but she was elected to serve all people, so that's what she was going to do. This Rowan County situation is definitely something I could have seen happening here.
Also, I got chills when I had to make out a certificate of divorce this week an saw where they'd changed "Husband" and "Wife" to "Party One" and "Party Two". And both parties are asked about their names before the marriage, names during the marriage, and if they want their previous names restored after the marriage is dissolved.
Get a new job! I'm really tired of these people bitching about gay marriage and refusing to do their jobs over it. There's probably 100 people in her town that would gladly take her position.
I was actually pleased to see our podunk county clerk put an article on the front page of our podunk county paper ahead of the decision saying that she personally does not agree with or support gay marriage (eye roll) but she was elected to serve all people, so that's what she was going to do. This Rowan County situation is definitely something I could have seen happening here.
Also, I got chills when I had to make out a certificate of divorce this week an saw where they'd changed "Husband" and "Wife" to "Party One" and "Party Two". And both parties are asked about their names before the marriage, names during the marriage, and if they want their previous names restored after the marriage is dissolved.
this. Even Jesus said to give to Ceasar what is his. They were talking about taxes but the scenario still applies. SHE is not marrying the couple. She is typing up and issuing a government mandated piece of paper. She can do that without violating any rules of God.
And plus also she has been divorced and remarried multiple times so her convictions aren't as strong as her need to be a bigot.
Post by lyssbobiss, Command, B613 on Aug 30, 2015 12:45:39 GMT -5
I have fucking had it with Kim Davis. You can't do the job you were brought in to do anymore, find a different job. In nursing school they told us that if you can't handle things like birth control and elective abortions, then women's health nursing isn't the field for you. How is this not the same?
"This prick is asking for someone here to bring him to task Somebody give me some dirt on this vacuous mass so we can at last unmask him I'll pull the trigger on it, someone load the gun and cock it While we were all watching, he got Washington in his pocket."