That’s probably not gonna fly with the judge.
The Gov. or AG could probably accommodate her with an executive order or legal opinion until the KY legislators can change the law.
Doesn’t she feel she already has this “right”? If she is following her religious beliefs and they conflict with the law, how can the same law system remedy that?
This article indicates the appeal is more complicated.
Kim Davis judge blasted for order covering ‘entire world’
http://www.freerepublic.com/focus/f-news/3335943/posts
http://www.wnd.com/2015/09/kim-davis-judge-blasted-for-order-covering-entire-world/
Liberty filed a motion for an emergency stay with the 6th Circuit because Bunning, who previously has ruled in favor of partial birth abortion and homosexual clubs for high schoolers, “without notice, expanded the injunction against Kim Davis while it was already on appeal.”
The motion argues that the district judge can’t change the substance of such orders without notice because of due process, Liberty Counsel explained.
Bunning “impermissibly broadened it to cover anyone in the world who seeks a license for same-sex marriage,” the legal team said.
Also, Liberty Counsel said that once the injunction was appealed by Kim Davis to the 6th Circuit Court of Appeals, Bunning “had no jurisdiction over it, and thus no authority, to expand the injunction.”
“The original injunction ordering Kim Davis to issue marriage licenses should be moot because the plaintiffs who sought such licenses received them last Friday after Judge Bunning told the deputy clerks he summoned to court that they must issue the licenses or be sent to jail.”
The legal filing explains that when the injunction was announced by the judge, Davis filed an immediate notice of appeal, “depriving the district court of jurisdiction to alter or expand the injunction’s scope.”
However, Bunning “did just that, without fair notice or hearing, by entering a new injunction that materially expanded the original injunction while it was already on appeal.”
“The district court’s expanded injunction lays waste to well-established principles of jurisdiction and due process in the federal court system while an appeal is pending.”
Bunning also has installed himself in “a supervisory role over the operations of the Rowan County, Kentucky, clerk’s office,” they argue.
“Seeks right” . . . what, the one put into force in the Constitution back in 1791?
Sure does! Someone tell Obama, Holder, Clinton, el at.
It is her conscience, not everyone else’s. If her conscience will not allow her to do her job, she should resign.
given the laws of kentucky have not changed regarding marriage,’i’d say they have to.
What I have never understood in the Kim Davis controversy is to what law the lower court judge expected Kim Davis to issue same sex marriage licenses?
Until the Kentucky state legislature created a new law in compliance with the SCOTUS’s (baseless) decision, she would have no legal authority to issue marriage certificates (of any kind). Existing Kentucky state marriage law is so intertwined throughout with the concept of marriage being between exactly one man and one woman that that concept is not legally severable. The effect then is that the entire law was struck down by the SCOTUS, leaving Kentucky without any valid marriage law until a compliant replacement is passed by the Kentucky state legislature.
Until the new law is written and passed, how can Kim Davis be held in contempt of court? Did the Kentucky state legislature already do this? None of the articles on Kim Davis that I have read seem to provide an answer to this key question.