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Kentucky Clerk refuses to issue same-sex marriage license


Dr. Pepper

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Dr.P,

Her religious beliefs do not override her "ministerial duty" to uphold the law as it is currently interepreted by the US Government including the SCOTUS. She does not have the discretion to say no at this point. Her claim of a violation of her Free Exercise rights is specious.

She should be removed from office for refusing to do her job.
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Dr.P,

Her religious beliefs do not override her "ministerial duty" to uphold the law as it is currently interepreted by the US Government including the SCOTUS. She does not have the discretion to say no at this point. Her claim of a violation of her Free Exercise rights is specious.

She should be removed from office for refusing to do her job.

 

I'm convinced that Davis is doing this 1) for the publicity; and 2) so she can feel and be treated like a Christian soldier. If she plays her cards right she can even monetize the issue; there's seemingly always enough wingnut welfare to go around.

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Living in Kentucky, I am so sick to death of Kim Davis. 

 

Not a day has gone by since June that I haven't been subjected to something about her through either traditional or social media. And, I think the vast majority of Kentuckians share that opinion. In a weird sort of way, I think she has done more to advance the idea of marriage equality here than anyone else.

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I'm convinced that Davis is doing this a) for the publicity; B) so she can feel and be treated like a Christian soldier. If she plays her cards right she can even monetize the issue; there's seemingly always enough wingnut welfare to go around.

 

Guess it depends on just how high her inevitable contempt of court fines are vs. how much she can raise via a GoFundMe to pay them.

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Mr.OJ,

If her religious beliefs will not allow her to do her job, she can resign. It's that simple. She fundamentally misunderstands how the law treats her religious beliefs. The same would be true if she refused to marry a white woman to an African-American man.

 

Well, unfortunately, Kentucky passed a "religious freedom" law a couple years back that she has been using as the legal basis for her refusal to issue marriage certificates. Granted, it appears that she has finally run out of options regarding that. Thankfully.

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Guess it depends on just how high her inevitable contempt of court fines are vs. how much she can raise via a GoFundMe to pay them.

I'm curious if GoFundMe would allow a fund for her since I think they have a policy to not allow money to be raised on their site for lawbreakers profiting from their crimes.  I'm guessing there is probably a pseudo christian version of the money raising scheme by now.  Wondering if someone is currently in the process of ghost writing her book.

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Guess it depends on just how high her inevitable contempt of court fines are vs. how much she can raise via a GoFundMe to pay them.


Start with prison as a penalty.

In my experience, individuals usually abandon their unlawful positions once they are faced with the real prospect of being transferred from a holding cell at federal court to the local county prison for overnight detention.
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Start with prison as a penalty.

In my experience, individuals usually abandon their unlawful positions once they are faced with the real prospect of being transferred from a holding cell at federal court to the local county prison for overnight detention.

 

The problem being... she doesn't seem to be violating any criminal laws. So I don't think there is any way for her to face jailtime.

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The problem being... she doesn't seem to be violating any criminal laws. So I don't think there is any way for her to face jailtime.

Incarceration is a penalty for civil contempt of court, which Ms. Davis is now in since SCOTUS denied her emergency motion for a stay. Apparently, the ACLU is only seeking monetary fines, though the Court has ultimate say on the appropriate action to compel her obedience.
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I guess contempt of court is a possibility.

 

I've just been hearing about this case for so long. I know at one point, one of the questions being regularly asked was, "Why can't they prosecute her for this?" And the answer the prosecutors would always come back with was, "She's not fulfilling her duties as clerk, but that isn't actually a crime." 

 

 

Couldn't they just transfer her or fire her?

 

 

Unfortunately, no. The position she holds is one of an elected official. She was voted into the office and the means for removing her from office requires action by the state legislature, which won't be in session again until January of 2016.

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