Posted on 10/10/2022 6:31:13 PM PDT by marshmallow
In Ermold v. Davis, (6th Cir., Sept. 29, 2022), the U.S. 6th Circuit Court of Appeals affirmed a Kentucky federal district court decision that Rowan County Clerk Kim Davis does not have qualified immunity in a suit against her for stopping the issuance of all marriage licenses to avoid issuing licenses to same-sex couples. The court said in part:
[P]laintiffs have not only “alleged” but also now “shown” that Davis violated their constitutional right to marry.... And, as we held three years ago, that right was “clearly established in Obergefell.”
The court held that insofar as Davis has raised a free exercise defense under the First Amendment, that issue should be resolved when the case goes to trial and not at the current motion-to-dismiss stage.
“Davis violated their constitutional right to marry”
Ya? And where is that in the constitution?
This is STILL going on? They won’t let that poor woman alone?
Here’s the good news, it looks like this New York judge’s ruling legalizing polygamy will likely make its way to the Supreme Court. And looky here, just earlier this year, Clarence Thomas said the Court needed to reexamine Obergefell.
The dissenters on the Court said this would happen when they decided to make gay marriage a “right”.
I have always been a proponent of polygamy.
Some years ago when the demands for gay marriage were fomenting on my state I demanded polygamy too.
I was horribly savaged and maligned by everyone on all sides.
The Republican party was founded on the twin principles of abolition of slavery, and the abolition of polygamy. What do you know, Americans who saw it in practice found that it resulted in conditions little better than slavery for the wives. Also, polygamy is very unhealthy for a society. Look to the Middle East when you have a whole region full of young men who can’t get laid. Polygamy winds up leaving some guys unable to find a mate. That leads to very bad results when it’s widespread.
And yet Lois Lerner faced no consequence…
There are always lots of men who cannot get laid.
If a wise man can and will support 300 wives and 600 concubines the burden on society is lessened.
Probably he should nominates for sainthood too.
No, we will pay for this in our taxes on welfare for families that can’t feed all their kids.
I would send this back to that court and ask them the question.
Where is this in the constitution?
They’d have to vacate that ruling.
Course, one never knows with those clowns.
The wiseman is usually quite powerful to have that kind of money. Usually has power to seize riches from others, so society is not necessarily benefited if he seized riches from others to feed himself and his consorts.
Kentucky’s state constitution defines marriage as being between a man and a woman. Marriage is not mentioned in the U.S. constitution.
[[This is STILL going on? They won’t let that poor woman alone?]]
When the left lock onto someone- they NEVER let go- they are obsessed with ruining said person
The Supreme Court can declare state law unconstitutional, but it can’t legislate new law to replace what it declared unconstitutional.
As I recall, Kentucky did not change their law or Constitutional definition of marriage at the time as a result of the Supreme Court decision.
I don’t see how Kim Davis had legal authority to issue a marriage license to anyone at all.
The whole imbroglio did elect an otherwise unpalatable Republican Goobernor.
Of course, the New York case West 49th St., LLC v. O'Neill and 90% of all polygamists outside of Mormonism are homosexuals, but you knew that, didn't you.
Police have “qualified immunity” to violate the First Amendment and several others, but a court clerk has no immunity to refuse to grant a license not authorized by statute? We’ve gone down the rabbit hole.
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