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A new legal cloud over same-sex marriage in Kentucky? Are the licenses issued valid?
SCOTUS BLOG ^ | 09/04/2015 | Lyle Denniston

Posted on 09/04/2015 9:47:22 AM PDT by SeekAndFind

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1 posted on 09/04/2015 9:47:22 AM PDT by SeekAndFind
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To: SeekAndFind

The judge is a (redacted)


2 posted on 09/04/2015 9:50:22 AM PDT by Pikachu_Dad ("the media are selling you a line of soap")
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To: SeekAndFind

Funny. A federal judge in the course of enforcing his decree is pretending to make state law.


3 posted on 09/04/2015 9:52:36 AM PDT by RobbyS (quotes)
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To: SeekAndFind

If state law deems that only a certificate with the county clerk’s name and signature will serve as an official marriage certificate....then I would say something with less than that...is not a marriage certificate.

A judge can deem things illegal or such...but he can’t write law and I think there’s not much a federal judge can do on this case. He can’t even fire the clerk...can he?


4 posted on 09/04/2015 9:53:53 AM PDT by pepsionice
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To: Pikachu_Dad

Send him a gift. An SS officer’s cap.


5 posted on 09/04/2015 9:54:15 AM PDT by 17th Miss Regt
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To: SeekAndFind

Are they valid even if she signed them?


6 posted on 09/04/2015 9:54:24 AM PDT by Raycpa
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To: pepsionice

How can this usurper imprison the clerk??


7 posted on 09/04/2015 9:55:09 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: SeekAndFind

I’m not a lawyer so may be ignorant of some things.

I understand that she appears to be going against the Supreme Court ruling on homosexual marriage.

What I don’t understand is why she is in jail. She has not been convicted of any crime, or officially charged as I understand it. Even if officially charged, the crime is not any sort of violent felony crime. So why exactly is this woman in jail????


8 posted on 09/04/2015 9:56:09 AM PDT by Dilbert San Diego
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To: Dilbert San Diego

The judge said contempt of court I think. The LE officers believed or at least obeyed him.

Freegards


9 posted on 09/04/2015 9:59:59 AM PDT by Ransomed
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To: Dilbert San Diego

RE: I understand that she appears to be going against the Supreme Court ruling on homosexual marriage.

The Supreme Court does not make laws. They interpret them.

Where in the constitution is gay marriage mentioned?

RE: What I don’t understand is why she is in jail. She has not been convicted of any crime, or officially charged as I understand it

A Kentucky judge cited her with contempt because she refused to issue ANY marriage license ( not just licenses for gay marriage ).

But think about it... if one really wants to get a marriage license and nothing else, there are many other ways.

Another judge in the county volunteered to issue marriage licenses ( which he is authorized to do so ). Neighboring counties can issue marriage licenses as well. Nobody is inconvenienced, much less gays.

So, We have to understand that this is not about anything but a HUNT AGAINST DEVOUT CHRISTIANS.

Why do you think gays in Colorado and other states INSIST on going to Christian bakers to have their wedding cake baked when there are hundreds of others out there who could do the same job?

It is about FORCING CONFORMITY and using government to PUNISH those who refuse to conform pure and simple.

Our first amendment rights are being discarded right before our very eyes yet many people ( even Presidential candidates ) refuse to see it, much less defend it.


10 posted on 09/04/2015 10:06:00 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: RobbyS

RE: A federal judge in the course of enforcing his decree is pretending to make state law.

YEP, and 5 black robed justices pretend to make NATIONAL LAW.


11 posted on 09/04/2015 10:07:31 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: SeekAndFind

There is certainly some uncertainty as to the validity of any licenses issued today (and going forward). But, I think the practical likelihood of them getting struck down is low.

First, in order for them to be declared invalid, I would think that someone would have to challenge the validity of the licenses once they are filed. It will be difficult to find someone with standing to challenge the licenses, who is willing to do so.

Second, even if a valid challenge was made to the licenses being issued today and going forward, a judge may well say that the validity/authorization of Davis’ signature on the licenses is a technical issue, between Davis and her staff

All in all, I think the likelihood of actually invalidating whatever licenses are issued today is exceedingly low.


12 posted on 09/04/2015 10:08:35 AM PDT by Conscience of a Conservative
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To: SeekAndFind
jailing was the only option to assure that she would obey his order.

And when that doesn't work, we can start pulling fingernails, right, judge?

Where will you stop? You can only leave her locked up... Forever?

13 posted on 09/04/2015 10:09:14 AM PDT by grobdriver (Where is Wilson Blair when you need him?)
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To: SeekAndFind
But even the judge conceded that those licenses, if issued, may not be valid, although he refused to decide that issue and left it to the lawyers for the same-sex couples to confront. The question of legality of new licenses came up during a series of hearings throughout the day Thursday in U.S. District Judge David L. Bunning’s court in Ashland, but did not get resolved and will linger.

I pointed this out on NUMEROUS threads yesterday and it was completely ignored.

So we have a U.S. District Judge throwing Kim Davis in Jail, and then admits that its unclear whether or not those marriage licenses issued by deputy clerks -- WITHOUT KIM DAVIS' sign-off are in fact, valid.

WTG Judge! /sarcasm

Fraudulent "marriage licenses" for fraudulent homosexual marriages. It just doesn't get any better than this! ROFL!!!

14 posted on 09/04/2015 10:14:03 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: grobdriver

I think there is a problem with selective enforcement
if the judge refused to jail the son for contempt also.

This whole mess smells of Obamalaw.


15 posted on 09/04/2015 10:14:58 AM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: Conscience of a Conservative

All in all, I think the likelihood of actually invalidating whatever licenses are issued today is exceedingly low.

You have a gift for understatement...the likelihood is non-existent...

Our government is invested in seeing homo marriage become setled law...


16 posted on 09/04/2015 10:19:07 AM PDT by IrishBrigade (build)
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To: RobbyS

That is a dangerous trend. Unfortunately it has been happening for years and nobody has put a stop to it. Many years ago an out of control judge in Arizona even ordered the amount of money school districts were to spend.


17 posted on 09/04/2015 10:19:19 AM PDT by Dante3
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To: Menehune56
How can this usurper imprison the clerk??

Because good men have done nothing to stop him.

18 posted on 09/04/2015 10:22:37 AM PDT by MeganC (The Republic of The United States of America: 7/4/1776 to 6/26/2015 R.I.P.)
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To: usconservative

For what it’s worth, I saw it, and thought it was a brilliant and incisive take. But not having any legal background, I wasn’t sure how valid the argument was. Delighted to see it confirmed though, and kudos for being the first!


19 posted on 09/04/2015 10:23:10 AM PDT by Claud
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To: Dante3

I don’t understand why you Americans even have legislatures any more. The judiciary unilaterally legislates all the time, and this is allowed to proceed without incident and only pathetic protest which is never followed up by action. So the judges are the law of the land, and do as they will without check (except for higher judges).

The concept of reviewing legislation to make sure it is constitutional IS an important one, but it is one the Founders delegated to the voters. Voters who saw their legislatures enacting unconstitutional legislation could throw out the lawmakers and elect new ones to resolve the issue, rather than abandoning representative government and giving all power to the judiciary such as America has done.


20 posted on 09/04/2015 10:25:27 AM PDT by Another Post-American (Jesus died for your sins.)
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