Posted on 09/02/2015 7:00:44 PM PDT by markomalley
The Kentucky county clerk who refuses to issue gay marriage licenses may be out of legal options as she heads before a judge Thursday. Rowan County Clerk Kim Davis will stand before U.S. District Judge David Bunning for refusing to follow an order by the U.S. Supreme Court.
The Supreme Court refused her request Monday to stay its unanimous ruling that she provide any and all couples with marriage licenses.
Davis may face severe criminal or civil consequences for her actions. She could face hefty daily fines and even put in jail. As an elected official, Davis cannot be fired, but she can be impeached by the state legislature. A judge can also remove her and order another official to do her job.
I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage, Davis said in a statement. It is not a light issue for me. It is a Heaven or Hell decision.
In a landmark decision in June, the Supreme Court ruled that the U.S. Constitution recognizes same-sex marriage. The case Obergefell v. Hodges effectively meant all states must recognize and issue marriage licenses to same-sex couples. Despite exhausting all available legal options, Davis has refused to comply.
Jonathan Turley, a professor of law at The George Washington University Law School, notes the judge could impose significant penalties on her.
The most obvious is contempt of court, Turley told The Daily Caller News Foundation. Contempt sanctions can be levied as either a criminal or civil matter. The person can be threatened with jail or a court can impose a running fine.
The fine against her could be very high. As Turley noted, it is very much up to the discretion of the judge. The severity often depends on whom its against and the nature of the case.
There is actually a great range depending on the case, he noted. The daily running fine is generally larger for corporations and are less common against government officials who are appearing in their official capacity.
Such fines against the government raise added issues, Turley continued. The court could also issue an order to a subordinate or to the city to circumvent the Clerk while potentially jailing the Clerk.
She has run out of options, Turley concluded. We live in a nation of laws. She appealed her case to the highest court without success. The court will now have considerable latitude in sanctioning further contempt of its orders.
Davis maintains her appeals to the Constitution, the founding fathers, and God.
It is a matter of religious liberty, which is protected under the First Amendment, the Kentucky Constitution, and in the Kentucky Religious Freedom Restoration Act, Davis argued. I want to continue to perform my duties, but I also am requesting what our Founders envisioned.
The day after the court refused her request for a stay, gay couples went to the Rowan County Clerk office to get marriage licenses.
In front of a mob of reporters Davis still denied their request citing Gods authority. A heated argument followed, with the couples demanding they get their marriage licenses.
Under current U.S. law, God does not have the authority to overrule the Supreme Court.
That was an epic and well deserved zotting.
THAT is a great question!
And does the Kentucky Governor have the authority to order a County Clerk
a) to violate the Kentucky Constitution?
b) to violate her oath to uphold the Kentucky Constitution?
Cordially,
Yes, really. There is more then one county in Kentucky go to another county and get the license.
There is mans' law and then there is G*ds law. G*ds law supersedes mans' law. Laws must be moral to be just an immoral law is not a just law and command no obedience.
The immoral left is wagging war on the Christian right. The godless and those that worship false gods always go after the Christians and the Jews always. This is just another battle in the war between good and evil. I am sorry to see you side with evil.
The Constitution states that the state will not impose its' religious believe on the people. Yet that is exactly what the state is doing. The states' religion is secular humanism and the state is imposing secular humanism on the people. G*d defines moral and immoral, not the state.
Obama has been ignoring court orders for eight years now. But he and his minions are above the law I guess. America’s rule of law really isn’t anymore.
I hope the Republican candidates for President have an answer ready for this. This topic will be the new #1 on the weekend MSM Gotcha Circuit.
Yep. I could feel the electrons building up, all the way from here in the central U.S...
Jim shut it up.
It’s probably up to “the people” now. (Governor) Beshear is a twirp.
I would hope that this clerk has been able to transfer any asset she has to someone she can absolutely trust... (I admit I’m not “up” on the legalities / options.) I assume the Court can fine her any amount they want(?), confiscate her property, or throw her in jail indefinitely? (Not quite up there with Galileo, but getting close.)
They want to brainwash and make reprobate the next generation of this nation. Refuse to bow to their idolatry of the profane.
pro·fane.
VERB
1.treat (something sacred) with irreverence or disrespect:
synonyms: desecrate · violate · defile · treat sacrilegiously
If you won’t listen to Scripture, maybe science can educate you.
“Health Risks of the Homosexual Lifestyle”
The current media portrayal of gay and lesbian relationships is that they are as healthy, stable and loving as heterosexual marriages or even more so.1 Medical associations are promoting somewhat similar messages.2 Sexual relationships between members of the same sex, however, expose gays, lesbians and bisexuals to extreme risks of Sexually Transmitted Diseases (STDs), physical injuries, mental disorders and even a shortened life span. There are five major distinctions between gay and heterosexual relationships, with specific medical consequences. They are:
http://factsaboutyouth.com/posts/health-risks-of-the-homosexual-lifestyle/
The Supreme Court issued an order, but the order merely said "petitioner's motion for a stay is denied." The order to the clerk to issue a license was an injunction issued by the district court.
An Amish clerk might think so. A Quaker clerk might think issuing a gun permit is formal cooperation with evil. A Catholic clerk might think that issuing a marriage license to someone who is divorced is formal cooperation with evil.
This wasn't a petition for certiorari, it was a motion for a stay (which required five votes). But no justice indicated that they dissented from the denial of the stay.
Yes, under the Supremacy Clause, the federal Constitution trumps "anything in the Constitution or Laws of any State." Brown v. Board of Education, for example, invalidated several state constitutions which required school segregation.
ok...
(but) doesn’t a new law have to be implemented? In order to be enforced?
so everyone is to support homosexual marriage. Really look at the rules of nature sometimes people call it natural law. Marriage is between a Man and A Woman that is how God intended it. Excuse me but but what has happened in America is that political correctness has run amok.
I am a pastor in a conservative church and guess what i will not marry a man and a man and a woman and a woman. I do not care what the court tells me or the State of Michigan states that it recognizes gay marriage. So the tradition of marriage is over because the Supreme Court states that it recognizes gay marriage as law. Really the Supreme Court writes legislation. gee then there is no need for elected representatives anymore as the courts now determine by their opinion what is and what is not law. I hope he FR Administrator will remove you from FR as you are mindless liberal whom desires to shove perverts and malcontents down the faces of those whom believe homosexuality is a sin and is not natural So basically spinestein Go to Hades!
Good point.
From what I can tell...
Cruz, Paul, Huckabee, Jindal, Walker support the clerk.
Fiorina, Graham, Christie, and Carson support the court.
I can’t tell that Trump or Bush has weighed in.
I don’t get the jail time. Why not just fire or remove her or whatever the process is? Is it simply to make an example of her?
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