Posted on 09/06/2015 7:29:54 PM PDT by Ray76
A Kentucky county clerk has appealed a judge's decision to put her in jail for refusing to issue marriage licenses to same-sex couples.
Attorneys for Rowan County Clerk Kim Davis officially appealed the ruling on Sunday. The three page motion does not include arguments as to why Davis should be released but amends Davis' earlier appeal of the judge's order.
Mat Staver, one of Davis' attorneys, said the marriage licenses issued Friday are "not worth the paper they are written on" because Davis refused to authorize them. But Rowan County Attorney Cecil Watkins says the licenses are valid. Bunning said he did not know if the licenses were valid but ordered them issued anyway.
Staver called the contempt hearing "a charade" saying that Bunning had his mind made up before the hearing began.
(Excerpt) Read more at wsbtv.com ...
Bill Cunningham is wrong on so many issues. I wish his friends like Hannity, and Levin, would wise him up.
Can she file a writ of habeus corpus or have someone file that for her.
See freepmail
Heh, license valid for 30 days. If not solemized, must get a new certificate. Same sex marriages not allowed
http://usmarriagelaws.com/search/united_states/kentucky/index.shtml
Kentucky Marriage License, KY
The Requirements:
To be legally married in any county within Kentucky, you need a marriage license.
The bride and groom may go to any county in Kentucky to get a marriage license as long as both are 18 years of age or older. Marriage licenses may be used in any Kentucky county and cannot be used anywhere but in Kentucky.
The county clerk issues marriage licenses, fee ($35.50 - $37.00) is non-refundable. Fee may vary from county to county. Cash, certified check, cashier’s check, or money order.
Marriage licenses are valid for 30 days, including the date it is issued, and after that time it is invalid. Therefore, if the marriage is not solemnized within the 30-day period, the parties must apply for a new license.
No waiting period or blood test is required prior to the issuance of the marriage license.
The Application Process:
An application for a marriage license may be made and signed by written request of both the man and the women. Both the man and woman must apply for the marriage license in person in the clerk’s office and both the man and the women must sign the application for the marriage license.
Identification is required. Acceptable forms of ID in accordance with the statue and KCCA’s recorder’s manual include: Drivers License, current picture ID, Social Security card, birth certificate, or passport.
Both parties must be 18 years old or older.
If you need to change your last name, you can use an online marriage name change kit.
The marriage license application fee in Kentucky is $35.50 - $37.00. Fee may vary from county to county. Cash, certified check, cashier’s check, or money order.
Prohibited and Restricted Marriages:
Marriages between persons who are nearer of kin to each other by blood, than second cousins.
Marriages between first cousins.
Marriages with a person mentally incompetent.
Marriages where there is a husband or wife living, from whom the person marrying has not been divorced.
Marriages not solemnized or contracted in the presence of an authorized person or society.
Same sex marriages.
Common law marriages.
Proxy marriages.
Solemnization of Marriage:
Marriages shall be solemnized only by clergy, justices and judges of the Court of Justice; retired justices and judges of the Court of Justice, except those removed for cause or convicted of a felony; county judge/executives; such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes, and certain religious societies.
At least two persons in addition to the parties and the person solemnizing the marriage must be present at every marriage.
There are no residency requirements or licensing requirements applicable to ministers or priests who wish to perform marriages in Kentucky.
A minister or priest, all justices and judges of the Court of Justice, justices of the peace and fiscal court commissioners may perform marriages anywhere in Kentucky.
Copy of Certificate of Marriage:
Kentucky Department for Public Health
Office of Vital Statistics
275 East Main Street - IE-A
Frankfort, KY 40621
Phone: (502) 564-4212
Fax: (502) 227-0032
It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.
Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.
Heh
Marriage with person of same sex
In Kentucky only persons of the opposite sex may enter into marriage. See Elkhorn Coal Corporation v. Tackett, Ky., 49 S.W.2d 571, 573 (1932). Thus in Jones v. Hallahan, Ky., 501 S.W.2d 588 (1973), the court held that the attempted marriage between two women was not a valid marriage since by being of the same sex they were incapable of entering into a “marriage” as the term is defined by common usage. The court concluded that it could find “no constitutional sanction or protection of the right of marriage between persons of the same sex.”
Heh
The marriage license
License required
No marriage can be solemnized without a license. KRS 402.080.
Who may issue
The marriage license is issued by the county clerk. KRS 402.080.
Where license is issued
The license is to be issued in the county of the female’s residence, if she lives in Kentucky, unless she is eighteen years of age or over or a widow. See KRS 402.080. If the female is not a Kentucky resident or if she is over eighteen or a widow the license may be obtained from any county court clerk in Kentucky.
Application to be made by female
An application for a marriage license may be made by written request of the female. The male may join in the application but it appears essential that the application be made and signed by the female. Normally both the man and woman execute an application for the license in person in the clerk’s office but only the female’s signature to the application is essential. See KRS 402.080, KRS 402.100 and KRS 402.110 as well as OAG 72-50.
Issuance when clerk is absent
KRS 402.240 provides that in the absence of the county clerk, or during a vacancy in the office, the county judge/executive may issue the license and, in so doing, he shall perform the duties and incur all the responsibilities of the clerk. The county judge/executive shall return a memorandum to that effect to the clerk and the memorandum shall be recorded as if the license had been issued by the clerk
If the Supreme Court invented some bogus right out of thin air that forced Muslims to choose between violating their faith and being fired/imprisoned, liberals would be the first ones to point out how many parts of the Constitution had been violated (although they would badly butcher the analysis) and to call for open civil disobedience.
I thought the poster was being sarcastic.
Thanks for that link. I think the real issue is rule of law. President Obama, the SCOTUS, and many other officials ignore the law and US Constitution. Yet, they get a pass, because they hold power over us. We are not free.
I believe government officials have a responsibility to uphold the law. That includes everything from county clerks to the President of the United States. Sadly, I don’t know what can be done when the highest levels of government are themselves lawbreakers.
And the 75% of Kentucky citizens are getting their buntintg ripped off and getting it in the rears by the actions of these two Sodomites.
As a practical matter, how does a state comply with a Supreme Court edict? I’m sure there are all sorts of laws regarding marriage. Who decides which parts of those laws are still valid? It seems a lot of politicians are simply enforcing the court’s edict without actually rewriting any of the applicable laws.
...It seems a lot of politicians are simply enforcing the court’s edict without actually rewriting any of the applicable laws....
Yuuup, the Supreme Court stepped in it.
They said the State Laws are not Constitutional.
But, they were not through.
In Kentucky, only Females can apply for a Marriage Certificate.
Lesbos okay, Guys out of luck????
As a County Clerk, I would refuse all Marriage Certificates until the State Government changed the State law
So Which “Federal Law” is this Judge actually upholding??
Correct, THERE IS NONE.
The STATE should Arrest the Judge and Prosecute him for Felony Kidnapping. There is a Law against Holding People against their will.
The State should have already held an Emergency Session toInsert Federal Law in to their State Constitution, namely Title 18, Section 241,242: Deprivation of Rights under Color of Law. Force the IMPRISONED JUDGE to cite actual FEDERAL LAW, No A Court Decision is not a Substitute for Federal Law.
I don’t think he’s able to take a bold stand on a lot of things out of fear of losing his daytime television show and money. Does anyone have any guts to say something?
ESPN sidelined baseball commentator Curt Schilling for tweeting about “Islamic terrorism” the other week.
Trump talks immigration tough.
If I were POTUS these big media corporations would be on my list of matters to deal with.
The President takes an oath of affirmation before the oath of office.
“I do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of may ability, preserve, protect and defend the Constitution of the United States.”
The First Amendment of the Bill of Rights is taking a beating.
When media organizations go after people like Schilling with discipline or firing, they would have to watch out.
The corporate media structures would see their planes grounded, ships (DISNEY-ABC) seized by the Coast Guard, non-citizen executives deported and other measures to defend the First Amendment rights of people in media.
Legalistic libertarians who yell ‘private ownership’ need to understand its ultimately their liberty to speak that I am defending.
She is a great lady in beliefs and courage. When the Germans were at Nuremberg ,it was no defense to say they were ordered !!
Also she is an elected official and has sovereign immunity from any order of a court because of separation of powers under the Kentucky constitution. Her clerks have ZERO authority to certify queer marriages— Zip, NUNCA . She is subject only to election or impeachment. She will never be impeached. She will soon be released on Habeas Corpus because the court had no right to do this to an elected state official any more than they did when George Wallace stood in the school house door. Federal judges never touched him.
To tell you the truth, Bill Cunningham seemed to be on the same page with liberals, from time to time, even before his TV show.
I think he just naive at times, and not always the conservative he THINKS he is.
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