Kim Davis’ May Be Headed Back To Jail

[Miles]

One can only hope. Anyway . . . . .


"Rowan County Clerk Kim Davis may have breached a federal court order when she heavily modified marriage licenses to remove her name, an attorney for one of Davis’ deputies warns in a filing Friday.

Davis, the elected county clerk who believes same-sex marriage is a sin, spent five days in jail for refusing to obey a federal judge’s order that she issue the licenses to same-sex couples.

Deputy Clerk Brian Mason began providing the forms to couples earlier this month while Davis remained in jail, and he has continued to give them out following her release.

U.S. District Judge David Bunning warned Davis not to interfere with deputies when he released her from custody, but she altered the marraige licenses in several places when she returned to work the following week.

The changes removed any mention of Davis’ name or her office, and the form now states that it was issued pursuant to a federal court order rather than the county clerk."
source

[Hamsaka]

[Replying to post 5 by Hamsaka]

The least she could do was print out a new batch properly edited. Just striking the old words out with XXXXXX is plain aggressive defiance; and what's with changing "deputy clerk" to "notary public"? Davis was explicitly ordered not to interfere with her staff.

http://www.foxnews.com/politics/2015/09 ... -licenses/

Davis' office issued marriage licenses while she was in jail, but the licenses did not include her name. U.S. District Judge David Bunning ruled those licenses were valid and released Davis on the condition that she not interfere with her employees. She was greeted at the Carter County Detention Center by a crowd of thousands and a church choir, flanked by her attorney and Republican presidential candidate Mike Huckabee. Davis is a Democrat.

When she returned to work last week, she confiscated the marriage licenses and replaced them. The new licenses say they were issued not under the authority of the county clerk, but "pursuant to federal court order." Davis said this accommodation preserves her conscience while also granting licenses to same-sex couples.

Further on, something that hadn't occurred to me;

But on Monday, lawyers for the American Civil Liberties Union wrote that the validity of the altered licenses is "questionable at best," and that the new licenses bring "humiliation and stigma" to the gay couples who receive them. They asked U.S. District Judge David Bunning to order Davis' office to reissue the licenses. If Davis interferes, the lawyers say Bunning should place her office in a receivership for the purposes of issuing marriage licenses.

"The adulterated marriage licenses received by Rowan County couples will effectively feature a stamp of animus against the LGBT community, signaling that, in Rowan County, the government's position is that LGBT couples are second-class citizens unworthy of official recognition and authorization of their marriage licenses but for this Court's intervention and Order," the lawyers for the couples wrote in a court filing.

Does it sound to anyone here like she has created a 'marriage license' specifically for SSM?

She removed all the deputy clerk's names, Rowan County, and 'pursuant to a federal order' in place of the above. Is she cruisin for a bruisin or what?? Her ego is nearly as big as the stink she's made.

Also, putting her office on receivership means a kind of limited take-over of her office and it's responsibilities/functions. This is the first time I've heard of this consequence. Seems like a reasonable one.

Putting her back in jail (or putting her in jail to begin with) may not be the most effective means, it is clearly not a deterrent considering how she's created a mangled certificate for SSM. I say she should be fined on a daily basis with percentage increases until her supporters run out of money or she grows up and does her job. She's been fairly accommodated already.

[help3434]

[Replying to Miles]

Surely some Family Research Council type organization would be happy to give her a cushy job.

[Youkilledkenny]

[Replying to post 10 by Miles]

Thanks for that detail!
Sounds very odd. I wonder how she justifies this? Or just plain cray-cray

[jgh7]

Umm, am I the only one who can't ignore the elephant in the room? Why on earth has she not been fired???

This would all be over if she was fired! She's literally refusing to do her job, and they're letting her keep her job. Am I living in the bizarro world?

Edit: As to what she did with altering the marriage certificates: She literally did that for the sake of preserving her name, and she wanted to make them represent the truth, that these licenses were issued solely from the courts and not from her. And this basically is true, so I can't fault her on that.

As to the altered marriage licenses. It's possible to view them as an insult. But it's also possible to view them with the utmost specialty and sense of pride. The government literally stepped in to aid those people. They are recognized by the US government as married, and the government went out of their way to overpower a prejudice state. I think those certificates are the most special and proud certificates a gay couple could have possibly.

But I completely understand how they can take the other side and view it solely as their town viewing them as second-class citizens. If that is the case, they should be redone and reissued by willing marriage clerks to give them a fair and standard marriage license.

[Hamsaka]

Umm, am I the only one who can't ignore the elephant in the room? Why on earth has she not been fired???

She can't be 'fired', she is an elected official, elected in January of this year. She could be impeached, however. When Kentucky superior court (or whatever level does this kind of thing) goes back into session in January 2016, the issue of Kim Davis will come up, but even then, the impeachment would be 'voted' upon, and from the news articles, most say it's unlikely she'll be impeached due to Kentucky's conservative religious majority.

This would all be over if she was fired! She's literally refusing to do her job, and they're letting her keep her job. Am I living in the bizarro world?

Nope, just the one the rest of us can't figure out either

Edit: As to what she did with altering the marriage certificates: She literally did that for the sake of preserving her name, and she wanted to make them represent the truth, that these licenses were issued solely from the courts and not from her. And this basically is true, so I can't fault her on that.

Of course she altered them to preserve her conscience and 'name'. Government officials, however, cannot do that. She is, in a micro scale, using her governmental position to enforce her personal Christian beliefs on the public by refusing services to qualifying members of the public. No one is faulting her commitment to her beliefs. They are faulting her use of her government position to refuse gays and lesbians marriage licensure.

As to the altered marriage licenses. It's possible to view them as an insult. But it's also possible to view them with the utmost specialty and sense of pride. The government literally stepped in to aid those people. They are recognized by the US government as married, and the government went out of their way to overpower a prejudice state. I think those certificates are the most special and proud certificates a gay couple could have possibly.

Oh I'm sure they'll sell on eBay for loads and loads of cash someday . I understand the point the gays and lesb's are making (and I doubt seriously they are clutching their brows in humiliation). It's the principle of the thing. Mayhaps the licenses are still legal after her editing? But what she did to the licenses is not much different than putting up a sign that says 'Colored to use side entrance only'.

But I completely understand how they can take the other side and view it solely as their town viewing them as second-class citizens. If that is the case, they should be redone and reissued by willing marriage clerks to give them a fair and standard marriage license.

It's more about the slippery slope that could result from states issuing SSM-specific licenses. We're all sick of the slippery slope arguments that SSM will lead to legalizing pederasty. But this slippery slope has precedents and we already KNOW where it goes, our nation lived through the consequences of segregation and UNequal rights and how all that works out on the ground in daily life ('Coloreds to use the side entrance only'). We can predict where this slippery slope will lead just by reviewing recent history.

Same sex marriage is constitutional, but now we have Kim Davis editing official court documents to give gays and lesbians their very own speshul Homosexual marriage license. What's next? What further wedges can be driven between the LGBT community and decent society? If this wedge is 'allowed' and gawd forbid, sanctioned, where will it stop?

That's why it's important to nip this kind of crap in the bud, before it gets any roots in Undoing it is much harder than preventing it.

[jgh7]

[Replying to post 15 by Hamsaka]

Wow, interesting. She literally can not be fired! And I'm guessing she's refusing to step down from her position as well. Is she allowed to step down/quit?

I did not realize how severe these circumstances are. She should absolutely not be in her position. And I agree ultimately that these altered certificates she issues are a stigma and a form of prejudice.

If she continues to only issue marriage licenses that are altered to indicate her prejudice, then yes, she should definitely be arrested. This does need to be stopped, and it will be a true test of whether our government sides with religion or sides with the law, as to how they approach this issue.

[Miles]

[Replying to post 15 by Hamsaka]

Wow, interesting. She literally can not be fired! And I'm guessing she's refusing to step down from her position as well. Is she allowed to step down/quit?

Sure she is, but she'd be giving up an $80,000 a year salary.

[dio9]

It's like a modern version of the Gospel story where the woman caught in adultery is dragged before Jesus. And he says who ever is without sin can throw the first stone.
Is being forgiven the same as being without sin? Really Kim, the press has made us all aware of your history. Do you really think Jesus would approve of you throwing stones?

[dio9]

good riddens to her and her lawyer, for trying to glom onto the Popes visit

[Ancient of Years]

Well, to play devil's advocate, did she lie at all in anything she altered, or did she alter it to make it more truthful? Is her altering of it actually illegal? It says she was warned, but does that warning have any legal backing to it?

I do not know the exact relevant state laws, but it is possible that someone might want to challenge the legality of the marriage licenses if they do not have the name of the county clerk on them. Lots of money and influence in the anti gay marriage activist arena.

Back in 1960 then presidential candidate John F Kennedy was asked what he would do if as president he had to take an action or make a decision that was contrary to his Catholic faith. He replied that he would need to resign the office of president.