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riversedge

(70,214 posts)
Tue Sep 1, 2015, 09:01 AM Sep 2015

Full Court of SC has denied the stay of Ky clerk without comment...

Don't know it posted yesterday but worth it post again. I am glad that Kegan went to the full court with this.

Supreme Court rules against clerk in gay marriage case (UPDATED)


Monday, August 31, 2015



Rowan County Clerk Kim Davis


MOREHEAD, Kentucky — The U.S. Supreme Court on Monday ruled against the Kentucky county clerk who has refused to issue same-sex marriage licenses, and the clerk will arrive at work Tuesday morning to face her moment of truth.

............................


“Wow, wow, wow, I can’t believe it, we might finally be able to get a license tomorrow,” April Miller said Monday night, shortly after the court’s decision. She has twice been denied a license to marry her partner of more than a decade.

Davis stopped issuing all marriage licenses in the days after the landmark decision. Two gay couples and two straight couples sued her, arguing that she must fulfill her duties as an elected official despite her personal religious faith. A federal judge ordered her to issue the licenses, and an appeals court upheld that decision. Her lawyers with the Liberty Counsel filed a last-ditch appeal to the Supreme Court on Friday, asking that they grant her “asylum for her conscience.”

Justice Elena Kagan, who oversees the 6th district, referred Davis’ request to the full court, which denied the stay without comment. Kagan joined the majority in June when the court legalized gay marriage across the U.S.

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Full Court of SC has denied the stay of Ky clerk without comment... (Original Post) riversedge Sep 2015 OP
There are threads illustrating that Davis has refused to issue licenses this morning... SidDithers Sep 2015 #1
WHy did she go to court if all her authority comes from her malaise Sep 2015 #2
Because atreides1 Sep 2015 #3
SHe's been married four time??? malaise Sep 2015 #4
Can someone explain to me why she hasn't been fired or.... Bonhomme Richard Sep 2015 #5
Well... Chan790 Sep 2015 #6
She can't be "fired"! atreides1 Sep 2015 #7
Who pays the fine? Blue_Adept Sep 2015 #8
It is perfectly possible for him to levy the fine on her personally dsc Sep 2015 #11
It's been explained several times jberryhill Sep 2015 #9
Thanks n/t Bonhomme Richard Sep 2015 #12
The case was working its way up the court hierarchy so there was no arrest order. PoliticAverse Sep 2015 #14
This may require more direct action against her. Orrex Sep 2015 #10
Her office is in a public building... Chan790 Sep 2015 #13
You can tell Davis is very devout, she's been married four times so far and will not stop until she Bluenorthwest Sep 2015 #15

SidDithers

(44,228 posts)
1. There are threads illustrating that Davis has refused to issue licenses this morning...
Tue Sep 1, 2015, 09:03 AM
Sep 2015

She needs to be bankrupted, and sent to jail.

Civil rights violations should be punished swiftly and severely.

Sid

atreides1

(16,079 posts)
3. Because
Tue Sep 1, 2015, 09:08 AM
Sep 2015

If she had admitted to being nothing more then a bigot, the rest of the Bible thumping mouth breathers wouldn't have rallied to her cause!!!

"After all, she’s a woman who uses Christianity as the basis for her “moral” objection despite being married four times. Yes, nothing says “sanctity of marriage” like turning matrimony into a glorified game of musical chairs!"

 

Chan790

(20,176 posts)
6. Well...
Tue Sep 1, 2015, 09:24 AM
Sep 2015

she's elected so she can't be fired.

As for why she's not in jail for contempt...I have no idea. No judge has thus-far issued a bench warrant for contempt of court, but I suspect it's coming.

atreides1

(16,079 posts)
7. She can't be "fired"!
Tue Sep 1, 2015, 09:26 AM
Sep 2015

She was elected to the position!

The ACLU is filing for contempt of a court order against her, then it'll be up to the judge! If he does nothing the integrity of his court will always be in question...he can issue a warrant for her arrest and have her jailed, he can fine her for each day she refuses to do her job, or until the Kentucky AG's office files charges against her!

Blue_Adept

(6,399 posts)
8. Who pays the fine?
Tue Sep 1, 2015, 09:30 AM
Sep 2015

That's my curious question; is it her or the state that would pay it since she's elected to the position?

dsc

(52,161 posts)
11. It is perfectly possible for him to levy the fine on her personally
Tue Sep 1, 2015, 09:43 AM
Sep 2015

in addition to the county as a whole. It is entirely up to the judge and review by appeals courts.

 

jberryhill

(62,444 posts)
9. It's been explained several times
Tue Sep 1, 2015, 09:31 AM
Sep 2015

1. Why hasn't she been fired?

Because nobody has the authority to do that. She is an elected official. In a separate lawsuit, she is suing the governor, which is, for the time being, staving off a misdemeanor charge for failure to perform official duties. The state is going to let the federal proceedings play out.

2. Why isn't she in jail for contempt of court?

Aside from the fact that she ultimately wants that, since it will improve her odds of making additional bank from donations, there is a process for that which has not yet played out. First, there was the district court order mandating she issue license. She appealed that to the 6th circuit. The 6th circuit affirmed the district court order. Then she petitioned the Supreme Court which, just yesterday, refused to hear that. The next step, carried out this morning, is to confirm she is still not going to abide by the order. At that point, the district court, on its own or on motion (likely being filed now), will issue a further order setting a hearing date on why she should not be held in contempt. At that point, likely in a very few days, the court will decide whether to hold her in contempt (likely) and will decide among a range of possible sanctions for contempt.

Orrex

(63,209 posts)
10. This may require more direct action against her.
Tue Sep 1, 2015, 09:41 AM
Sep 2015

Like blocking her car into her parking space or taking all of the styrofoam cups out of the employee lounge.

 

Chan790

(20,176 posts)
13. Her office is in a public building...
Tue Sep 1, 2015, 09:49 AM
Sep 2015

perhaps someone needs to bring a boombox and listen to the Macarena on repeat from the time the doors open until they close right outside her office door.

 

Bluenorthwest

(45,319 posts)
15. You can tell Davis is very devout, she's been married four times so far and will not stop until she
Tue Sep 1, 2015, 10:08 AM
Sep 2015

and God get it right.

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