Deputy clerk says he'll obey federal judge over Kim Davis

originally posted by: boymonkey74
a reply to: xuenchen

Her holy book calls for her to be put to death anyhow.

Anyone who shows contempt for the judge or for the priest who stands ministering there to the LORD your God is to be put to death.

Deuteronomy 17:12

That isn't saying ANY judge, it seems your example is rather specific (and cherry picked). I'm not familiar enough, but I highly doubt that blip comes without some context.

So if the judge isn't ministering for the LORD, your God, and you don't agree it should be fine since a judge that isn't doesn't matter.

originally posted by: xuenchen

originally posted by: Annee

She can't really win either way, unless someone does something to accommodate her.

That is something I hope doesn't happen.

The remedy is already in place.

The other Clerks do the "issuing".

Isn't her name still on the license?

She says she is still approving it if her name is still on the license.

originally posted by: intrepid

originally posted by: xuenchen

originally posted by: intrepid
So conceivably she keeps her job AND can be reelected it the people in that riding agree with her stance?

I bet the Kentucky Legislature impeaches her eventually.

Otherwise, the law is the law.

Just not during an election year?

Well, the elections are next year.

And, the Kentucky Legislature is in recess right now until next year I think.

Only the Governor can call a special session.

There's no answer on that yet.

Maybe the only alternative now is a kangaroo court sentence of tar & feathering.

originally posted by: boymonkey74
a reply to: xuenchen

Her holy book calls for her to be put to death anyhow.

Anyone who shows contempt for the judge or for the priest who stands ministering there to the LORD your God is to be put to death.

Deuteronomy 17:12

Is that in the Constitution?

Or is it the Magna Carta?

originally posted by: Annee

originally posted by: xuenchen

originally posted by: Annee

She can't really win either way, unless someone does something to accommodate her.

That is something I hope doesn't happen.

The remedy is already in place.

The other Clerks do the "issuing".

Isn't her name still on the license?

She says she is still approving it if her name is still on the license.

What does Kentucky State (or the County) laws say about that?

a reply to: Klassified

Wow would that nullify the licenses issued while she did the pokey dance?

Oh well just another in a long list of laws violated that people will either support or scream it's the law based on political and social views. Excuse me, my microwave popcorn just finished.

A clerk's signature isn't actually needed on a marriage license in Kentucky, according to Fayette County Clerk Don Blevins. His along with other clerks' names are pre-printed on marriage licenses issued in their counties.

Under Kentucky statute, deputy clerks already have the authority to sign them. In fact, they do in virtually all instances because a clerk has to rely on deputies to verify information on applications.

What happens next in Rowan County Clerk case?

Marriage licenses obtained by three couples in Rowan County were altered so they did not include the name of county Clerk Kim Davis, who had been jailed for refusing to issue licenses because of her opposition to same-sex marriage.

However, Gov. Steve Beshear and others said the licenses for the three couples were valid even without Davis' name on them.

Under state law, deputy clerks may issue licenses and perform other duties just as elected clerks can, said Allison Connelly, director of the University of Kentucky's Legal Clinic. "I think that that's really immaterial," Connelly said of Davis' name not appearing on the licenses.

Marriage licenses issued since Friday in Rowan County were altered to remove Kim Davis' name

for reference:
Duties Of Elected County Officials

originally posted by: xuenchen

A clerk's signature isn't actually needed on a marriage license in Kentucky, according to Fayette County Clerk Don Blevins. His along with other clerks' names are pre-printed on marriage licenses issued in their counties.

Under Kentucky statute, deputy clerks already have the authority to sign them. In fact, they do in virtually all instances because a clerk has to rely on deputies to verify information on applications.

What happens next in Rowan County Clerk case?

Marriage licenses obtained by three couples in Rowan County were altered so they did not include the name of county Clerk Kim Davis, who had been jailed for refusing to issue licenses because of her opposition to same-sex marriage.

However, Gov. Steve Beshear and others said the licenses for the three couples were valid even without Davis' name on them.

Under state law, deputy clerks may issue licenses and perform other duties just as elected clerks can, said Allison Connelly, director of the University of Kentucky's Legal Clinic. "I think that that's really immaterial," Connelly said of Davis' name not appearing on the licenses.

Marriage licenses issued since Friday in Rowan County were altered to remove Kim Davis' name

for reference:
Duties Of Elected County Officials

Thanks.

Kid and school stuff tonight - - didn't get to it myself.

The simplicity of the matter from an employer's point of view is clear cut to me. Davis' job came with a description of duties, procedures, and policies to be followed for her to do the job to the specifications outlined. If she signed hiring papers, usually found in packet form and when completed becomes part of the hiree's personnel file, it would be an agreement by Davis that she understands what the job entails and agrees to perform said duties. I seriously doubt she informed her prospective employer that she will fulfill all duties, unless they violate her religious beliefs.

Bottom line, she's failed and obstinately holds the position to continue to NOT do what is part of her job description. In violation of her job duties/agreement, she should be subject to termination(impeachment, recall, whatever the process is) immediately. This woman is holding her department hostage due to her beliefs, and is responsible for creating chaos in the workplace. These actions would be cause for termination by themselves. The media has made this a political hot potato, and to me it seems to have caused key figures to walk on eggshells around this situation. Enough is enough. Just my .02.

"Kim cannot and will not violate her conscience," said Mat Staver, founder of the Liberty Counsel, the Christian law firm representing Davis. As for what might happen next, he said "You'll find out in the near future."

I think at this point, I'm wondering what the next step is for Kim's attorney's. They're hinting they have a plan, and we'll be finding out what that is soon. I think if Kimmy isn't careful, she's going to ruin her life, and Liberty law firm is going to be right there to help her accomplish it.

a reply to: Klassified

And if Davis tells him to stop after she returns to work, Mason said he'll tell her he can't obey her, and instead must follow a federal judge's order to continue issuing licenses to anyone who is legally eligible to receive them.

The state is already in process to have someone stand in for her issuing licenses to same sex couples.It is a moot point now.

Here's the real solution and one I also suggested. But now I've got Ben Swan who's saying the same thing.



So there ya go. Solved. She doesn't have to be the one giving them out. That's why the other clerks are there. This whole BS accommodation where she is demanding to have her name removed off the paperwork is just petty game playing. If she wants that done she can resign her position and go home. Otherwise her name stays on the paperwork but someone else can issue the license. It's a win win for everyone and nobody has to worry about their Religious Beliefs, go to jail, pay a fine, or argue about this any longer.

originally posted by: buster2010
Seeing how she was elected into her job she has to be impeached she can't just be fired. Also seeing how Ky is part of the bible belt the politicians don't have the balls to call a special session just to get rid of her.

If she is morally against something that is part of her duty maybe she should step down or not run in the first place. Should a person become a cop if they are morally against killing anyone or even applying force? If she was truly honest with herself she would remove herself from office, no need to impeach. She has lost sight what her religion is all about and it seems it is more of a ego event as she is most likely enjoying her 15 minutes of fame.

Davis is a County Clerk. That is a public official. Its her Job to give out marriage licenses. If she can't do her job she should be fired. Regardless of her personal opinion. Thats like going to get your registration on your car and the clerk telling you no, I don't feel like doing it. If she can't do her job then she needs to be fired. Period. She can go down to the church and clerk for them. Zip de do dah. People need to get their heads out of their rear point of contact in this country. I wonder what people will be offended by next week?

originally posted by: xuenchen
What does Kentucky State (or the County) laws say about that?

About her name on the license:

Licenses are issued under the legal authority of the County Clerk, so Kentucky law specifies that her name must appear on the license as the authority issuing the license, even if her deputies issue and sign the license. A deputy can issue and sign the license, but an authorization statement of the county clerk and her name is necessary by law.

See this post by windword www.abovetopsecret.com... using this source:

Complaint< br /> KY Rev. Stat. 402.100

Ky. Rev. Stat. § 402.100. The marriage license section must include an “authorization statement of the county clerk issuing the license” and “[t]he date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.” Ky. Rev. Stat. § 402.100
...
The marriage certificate section must include “the name of the county clerk under whose authority the license was issued
...
Thus, every marriage license must be issued and signed in the county clerk’s name and by the county clerk’s authority. In other words, no marriage license can be issued by a county clerk without her authorization and without her imprimatur.

If her name can't be on the license, authorizing legal approval, then she can't do the job. Period. Her complaint is that she feels like she's issuing moral approval.

Seems like that's what her lawyers want. After all, if there were a reasonable accommodation, it wouldn't be causing the crapstorm we see before us now. She and her legal team are pressing this all the way into the corner, so that either the secular law will win or "religious freedom" will win. They want to set a precedent for future cases. Hopefully, since having her name in the license means legal approval, she will refuse and either step down or they'll have to find some work-around until the legislature meets in January and impeaches her ass.

originally posted by: Hefficide
a reply to: intrepid

Contempt of court is not a Felony.

However if she persists she can be charged, Federally with violating Civil Rights which could be prosecuted as a Federal Offense, Felony or Misdemeanor - depending upon plea bargains and whatnot.

That would be very interesting if it happened . as I understand it she is elected by voters not appointed. Would voters say I don't care, much like they did in California with Marion berry after the crack thing and put her back in office?

Unless she steps down not sure this ends in any good way. Hero to some, villain to others, fights continue, supreme court battle, etc.

Popcorn get your popcorn here.

originally posted by: Gothmog
a reply to: Klassified

And if Davis tells him to stop after she returns to work, Mason said he'll tell her he can't obey her, and instead must follow a federal judge's order to continue issuing licenses to anyone who is legally eligible to receive them.

The state is already in process to have someone stand in for her issuing licenses to same sex couples.It is a moot point now.

Maybe not. See Benevolent Heretic's post above.

a reply to: Benevolent Heretic

It sounds like the judge/government has created a temporary fix, so as Kim's ridiculousness, cannot infringe on the rights of others.

originally posted by: buster2010
a reply to: Domo1

That chucklef**** is keeping her job? Seriously?

Seeing how she was elected into her job she has to be impeached she can't just be fired. Also seeing how Ky is part of the bible belt the politicians don't have the balls to call a special session just to get rid of her.

Very astute of you there Buster. She could in fact be reelected. Doesn't change the other thing but may happen.

a reply to: xuenchen


Well if her name was never required anyway this all could have been resolved with out the jail time. But be sure many don't want to hear that. Many just loved seeing her treated that way. Heavy hand of doom and all. Now the closet is empty got to shove someone in there. This idea of her having a conscience means nothing these days in a world with a burnt out conscience. The idea these days is so relative. There is no generalized relative other that all or most folks ascribe to. Even for very obvious circumstances like pulling a baby from a burning car all would agree to the humanity of the action, but chopped up babies is open to interpretation.