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Carly Fiorina: ‘Inappropriate’ for Kentucky Clerk to Refuse to Issue Same-Sex Marriage Licenses
CNS ^ | September 2, 2015 | Melanie Hunter

Posted on 09/02/2015 8:30:34 AM PDT by xzins

GOP presidential candidate Carly Fiorina told the Hugh Hewitt show on Tuesday that it was “inappropriate” for a Kentucky clerk to refuse to issue marriage licenses to same-sex couples.

“Given the role that she’s playing, given the fact that the government is paying her salary, I think that is not appropriate. Now that’s my personal opinion,” said Fiorina.

Rowan County Clerk Kim Davis, an elected official, vowed not to resign Tuesday under threat of fines and jail time after deciding not to issue marriage licenses to any couples - straight or gay - rather than be forced to comply with the Supreme Court ruling that legalized gay marriage nationwide.

U.S. District Judge David Bunning ordered her to issue the licenses, and an appeals court affirmed that order. The Supreme Court refused to intervene Monday, leaving her no legal option to refuse. She faces a potential misdemeanor charge of official misconduct for refusing to perform her duties, the Associated Press reported.

“And let me close our conversation by throwing a hard one at you. There’s a Kentucky county clerk today. She’s refusing to issue licenses to same-sex marriage couples. She’s in comtempt of court in essence. What would your advice be to her?” Hewitt asked Fiorina on Tuesday.

“First, I think that we must protect religious liberties with great passion and be willing to expend a lot of political capital to do so now, because it’s clear religious liberty is under assault in many, many ways. Having said that, when you are a government employee, I think you take on a different role,” Fiorina said.

“When you are a government employee as opposed to say, an employee of another kind of organization, then in essence, you are agreeing to act as an arm of the government, and while I disagree with this court’s decision, their actions are clear,” she said.

“And so I think in this particular case, this woman now needs to make a decision that’s [about] conscience: Is she prepared to continue to work for the government, be paid for by the government, in which case she needs to execute the government’s will, or does she feel so strongly about this that she wants to sever her employment with the government and go seek employment elsewhere where her religious liberties would be paramount over her duties as a government employee,” the former Hewlett Packard CEO said.

“You don’t counsel that she continue civil disobedience?” Hewitt asked.

“Given the role that she’s playing, given the fact that the government is paying her salary, I think that is not appropriate. Now that’s my personal opinion. Others may disagree with that, but I think it’s a very different situation for her than someone in a hospital who’s asked to perform an abortion or someone at a florist who’s asked to serve a gay wedding. I think when you’re a government employee, you are put into a different position honestly,” said Fiorina.


TOPICS: News/Current Events; US: Arkansas; US: California; US: Kentucky
KEYWORDS: 2016election; 2016issues; 2ndgopdebate; arkansas; california; cantbepresident; carly; carlyfiorina; civildisobedience; election2016; fiorina; gaykkk; girlsclub; homosexualagenda; hp; hughhewitt; kentucky; kimdavis; libertarians; marklevin; medicalmarijuana; mikehuckabee; nullification; rino; spineless
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To: Steve_Seattle
If the clerk persists in ignoring the law, she'll either be fired and forced to leave voluntarily, or else the police will escort her from the office.

If that reasoning were practiced universally by every elected and appointed criminal, , our present country would be an infinitely better place.

You may not have noticed, but important laws have been deliberately ignored for a generation... and counting, with no consequences..

121 posted on 09/02/2015 10:16:20 AM PDT by publius911 (Pissed?? You have NO idea!)
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To: INVAR

[[Fiorna IS DONE, as far as any Christian voting for her should go]]

Don’t bet on it- because it’s pretty clear “Christians” voted for current president twice judging by the margins he won by

This country is changing- ‘Christian’ doesn’t mean what it used to these days- Heck- some even support abortion now


122 posted on 09/02/2015 10:17:08 AM PDT by Bob434
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To: JayAr36

Thanks, sometimes I can control myself.... Sometimes not so much :-)


123 posted on 09/02/2015 10:17:55 AM PDT by EXCH54FE (Hurricane 416,Feisty Old Vet !!)
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To: xzins

....”They are there just to peel off votes”...

Yep..and that’s most of them....and why the GOPe put so many in the race...just like they did before...it assures them that if they play the media where they want the then when it’s time they’ll usher their man to the front...rememeber Romney said very little ...it was always the “fights’ between other candidates while he went from one debate to the other....never saying much at all...

We know the props they’re using ...and how...nothings changed much except the names and faces


124 posted on 09/02/2015 10:18:04 AM PDT by caww
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To: SoothingDave
It’s another, as I seem to read here, to say “my religion won’t allow me to marry gays, so I won’t do it.”

That would be my position.

So now the only question is, do I resign or do I force them to fire me. And that probably depends on how I feel about it. I've done nothing wrong. I might just make them fire me.

125 posted on 09/02/2015 10:20:05 AM PDT by marron
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To: xzins

I don’t like this better than anyone else on principle. But if the clerk refuses the judge’s order she will be jailed. I think “inappropriate” is rather mild. What is Carly supposed to say? Refuse and go to jail. Is anyone else willing to be jailed over this? Stand up and be counted. A lot of big mouths spouting off here who have no skin in the game. They aren’t the ones who are going to be thrown into a tank with real criminals. Can we get real for a change?


126 posted on 09/02/2015 10:20:17 AM PDT by RichardW
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To: DaveyB
No I'm not equating Carly to a Nazi, but exposing her reasoning as similar to all immoral totalitarian regimes.

Why? Carly did not suggest that Davis should just abdicate her principles and issue the licenses in violation of her beliefs. She merely suggested that if her beliefs were in conflict with her duties, maybe the solution was for her to find a job where that was not the case. She is not attributing the state a higher ethical authority than God. She is saying that if you cannot perform the duties of the job, for whatever reason, and the duties are not illegal, you should find another job. You can disagree with her, but that is not an unreasonable or even an unconservative position to take.

Let's look at this from a different perspective. Let's say that as a Christian, I own a bakery, and I choose not to make wedding cakes for gay weddings. One of my employees is not a Christian, and thinks gay weddings are just fine, and decides to accept an order for a cake for a gay wedding. Should my employee be able to sue me to keep her job, even though she is not following the business policies I have established? Or should she find a job at a company that has policies with which she agrees?

This is a very different case than a baker refusing to bake a cake for a gay wedding or a photographer refusing to shoot a gay wedding. In those cases, as business owners, they have a right to run their businesses according to their faith. Davis is not the employer here. While I agree that what they are asking her to do is immoral, it unfortunately is not illegal. I hope Davis can win in court, but I doubt it. So she will probably be faced with the choice Fiorina is suggesting - find another job.

127 posted on 09/02/2015 10:20:26 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: SoothingDave
Does the office belong to the people or the whims of the elected official?

I suspect that the people of the County would back this "elected official."

You try to simplify the issue, here. Clearly the Courts are not supporting the official. But the absurdity of issuing a license for a marriage that is from the moment of its execution, legally subject to annulment, because it is incapable of consummation--as that act has always been understood;--should give pause to any thoughtful person.

128 posted on 09/02/2015 10:21:13 AM PDT by Ohioan
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To: SoothingDave

You seem to be one of those types of people who think Christians should leave God in a box under the bed and only bring Him out at Church behind closed doors.

Which would make you no different than the militant secular hedonists who demand Christians be expunged from the public square.


129 posted on 09/02/2015 10:23:26 AM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: xzins
As has been pointed out by legal freepers, the current Kentucky law says that the clerk cannot hand down marriage licenses to homosexual couples. The Supreme Court struck down that law, so now there is NO LAW on the subject in the Kentucky books. That means this clerk is right to wait for the Kentucky legislature to pass a new law. Scotus has changed the law or struck down the law. Doing NOTHING is the proper response. The Supreme Court did not rewrite the law. That is a legislative function.

In 1954, Kentucky law required that schools be segregated. SCOTUS struck down that law as unconstitutional. Did that mean the schools could not be desegregated until Kentucky passed a new law? Because that's not what happened.

130 posted on 09/02/2015 10:24:23 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: xzins
Actually, I don’t think she can constitutionally be subjected to a religious test to keep her public job.

Wrong argument. She was not subjected to a religious test - no one questioned her about her religious beliefs before she was hired. She has raised her religious beliefs as a reason she cannot do the job for which she was hired.

The question becomes whether or not the county has a reasonable way to accommodate her beliefs while still allowing the licenses to be issued. Normally, that could be accomplished by allowing someone else in the office to issue the license. However, as county clerk, I believe her signature is on all of the licenses issued, regardless of who actually issued the physical document. If there is no way for the county to issue the license without her signature, I am not sure there is a reasonable accommodation available.

131 posted on 09/02/2015 10:25:29 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: SoothingDave

The issue with Hobby Lobby was forcing them to violate their religious beliefs. The same with the bakers. The same with the Christian schools.

You cannot declare someone unqualified for a public office because of their religious beliefs. That means you cannot hold their SPECIFIC beliefs against them.


132 posted on 09/02/2015 10:25:56 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their Victory!)
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To: xzins

I’m going to forget Carly Fiorina now. She shows her true colors when it comes to basic morality.


133 posted on 09/02/2015 10:26:03 AM PDT by maxwellsmart_agent
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To: SeekAndFind
North Carolina actually passed a law that allows magistrates and clerks with religious objections to same-sex marriage to opt out of issuing licenses. This should and ought to be an easy fix for Kentucky that accommodates both gay couples and individual religious employees.

As long as the law provides for someone else to step in when a clerk opts out,that would easily pass constitutional muster. But Kentucky hasn't passed such a law.

134 posted on 09/02/2015 10:26:27 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

That’s only the way it worked out. What do the laws say now?


135 posted on 09/02/2015 10:26:45 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their Victory!)
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To: marron

“Dereliction of duty” is what it is called. As an elected official I don’t know how she would be removed.

Imagine an elected sheriff decided he wasn’t going to issue gun permits cause of his personal beliefs. Then ignored a court order to do so.

Do we agree with his actions since he’s following his beliefs, just like Holly Lobby? Or do we think he’s derelict and should be removed.

It really helps to clarify issues if you flip the script. Or is it just about your side winning and not about Rule of Law?


136 posted on 09/02/2015 10:27:14 AM PDT by SoothingDave
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To: Lurking Libertarian

They are working on it, and this clerk is evidently waiting on that.


137 posted on 09/02/2015 10:27:30 AM PDT by xzins (Retired Army Chaplain and Proud of It! True Supporters of our Troops PRAY for their Victory!)
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To: xzins

“Its settled law. Lets move on.”


138 posted on 09/02/2015 10:27:44 AM PDT by marron
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To: MUDDOG
U.S. District Judge David Bunning Son of Jim Bunning.

Appointed to the bench by W.

139 posted on 09/02/2015 10:27:56 AM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: DaveyB
Yes a principle is tested when pushed to extremes. No I'm not equating Carly to a Nazi, but exposing her reasoning as similar to all immoral totalitarian regimes. She is attributing the higher ethical authority to the state over God. This is a most dangerous trajectory and if followed to its natural end would justify Auschwitz.

Excellent and succinct.
Kudos!

140 posted on 09/02/2015 10:28:22 AM PDT by publius911 (Pissed?? You have NO idea!)
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