Discussion: Fed Court Upholds Ruling Ordering Clerk To Issue Marriage Licenses To Gay Couples

I agree. Also, in a successful 1983 lawsuit, those that were denied their rights can get costs and attorneys’ fees. But, it would likely be the county rather than the clerk personally, that would have to pay.

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Watching the wheels of justice in motion is usually a time consuming, difficult task with an unclear ending somewhere in the distant future. And sometimes, as in this case, it is highly enjoyable entertainment at lightning speed. And since this is a comedy and not a tragedy, you know that the forces of good will prevail in the end.

I hope that she continues to defy Judge Bunning. Come on, you’re a sovereign citizen! Who does that federal judge think he is! Defiance, defiance! Don’t give up now! You are on the brink of victory, all your followers say so!

We all know how much judges love white collar trash disobeying their orders. There is still a lot of juice in this lemon, hopefully. And plenty of the proverbial pop corn.

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Then so be it. They elected the jill jerk, let them pay for her stupidity. Money always talks and that would certainly send a solid message.

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It should be plain to the meanest intelligence (I allude to Davis) that validating the right to be married presupposes that those charged with the responsibility of issuing the proper documentation will do so. Her lawyer, I imagine, would just like to get paid.

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He said he did not know how Davis would react to the ruling.

I know! I know!

http://i.imgur.com/wxsz2eF.jpg

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Um … yummm. Thank you for such a nice pic this evening.

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I’d have to look up the Constitution and laws in Kentucky, but I would think that there’s a point where if she continues to refuse to perform the duties of the job she was elected to, that she would be removed from office. If not by the Governor, then by the judge. Of course, if she was honest, she would just resign and go on Fox News as a contributor.

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It’s over for Rowan County Clerk Kim Davis. The U.S. District Judge had issued a contempt citation, after Clerk Davis refused to issue marriage licenses after July 22, which is the date the Supreme Court mandate went into effect, but delayed his ruling to allow her to appeal and request a stay of that decision before the U.S. Court of Appeals. The Appeals Court now has refused to either issue the stay or to take up the case. Unless the Supreme Court is going to reach down to a District Court that is enforcing its’ own ruling of June 26, which is extremely unlikely, the issue is now settled in Rowen County, and everywhere else in the 6th Circuit. She must now follow the law or go to jail. Generally the Supreme Court only takes up cases when there is a split in the Federal Appeals Courts, which was the case on marriage equality.

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To quote the Appeals Court, "In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal. [Cf. Garcetti v. No. 15-5880 -3- Ceballos 547 U.S. 410, 421 (2006); Evans-Marshall v. Bd. of Educ. of Tipp City Exempted Vill. School Dist., 624 F.3d 332, 338 (6th Cir. 2010) (where a public employee’s speech is made pursuant to his duties, “the relevant speaker [is] the government entity, not the individual”). ]…

“Davis’s motion for a stay of the preliminary injunction pending appeal is denied.”

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Remind us once more of the definition of “insanity”…

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GoFundMe does not allow accounts that would benefit criminals…

LOL. Well, that could be just about anything believed by the core base of the GOP. They are pretty much insane people. Repetitive Stupid Republican Syndrome. These are the people who seriously cling–like static to your shirts out of the dryer on a cold winter’s day–to their guns and their god and not much else matters after that.

He he…he he he he he…heeeeeheeeeeheeeeeheeeee…

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Hey Kim — I hate to say " I told ya so " but …

Her next step should be to sue for malpractice the lawyers who allowed her to think that she had a snowball’s chance of avoiding a contempt citation.

If thy right hand offend thee, cut it off, Seems like quitting a job that offends you is not as extreme … or bloody.

In KY, county clerk is an elected office. She can’t simply be fired. She would need to be charged and then convicted of dereliction of duty and only then could she be removed. The KY AG, Jack Conway, is currently in the middle of a hotly contested election for governor against the worst of the worst tea bagging morons, Matt Bevin, in a state that is overwhelmingly on Kim Davis’ side. As vehemently as I disagree with her, prosecuting her right now would be a mistake that would literally cost the lives and/or health of 100s of thousands of KYians who would lose their health insurance (via the Medicaid Expansion) if Matt Bevin were elected governor. I would much prefer Conway wait another couple of months until after the election and then come after her with the full weight of the AG’s office.

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Hear hear. Conway’s a good guy - got to know about him when I was doing some work in Louisville and he was running against Rand. Hope he beats Bevin, who as you note is truly a cretin.

Apparently, there was a problem with that decision. The majority forgot to write into the decision two key legal tenets:

  1. “We really mean it!”
  2. “No backsies!”

Davis has perhaps the strongest legal basis for an appeal since my Dad sent me to my room without dinner, and I appealed to Mom to get the sentence overturned.

I lost – but I was on pr-e-t-t-y solid legal ground there. Just like Davis.

May FSM spare the Nation from these morons.

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Can you please give us a trigger warning, next time you do that?