PSA on KY clerk and wedding licenses. She is ELECTED and cannot be fired.

[whatthehey]

I know a lot of you already know this. I've seen dozens of corrections that prove that. But those dozens of corrections were to hundreds of false assumptions that thought she should be fired, so clearly the knowledge is not as universal as it could be.

I live in KY. Democrats here are not as they are most places, so any kind of party censure is unlikely too (and, while I don't have encyclopaedic knowledge of party bylaws, I'm pretty sure they can't get her out of office either, just refuse to nominate her next time). I'm probably around the least left quartile on DU, but local party members consider me a small step away from Marx politically speaking. The chances of them standing against someone who has staked out the Gawd position so effectively is essentially zero.

But nobody, not the governor or the legislature or any superior official can FIRE her. She can be impeached, but see above on Gawd invulnerability even amongst Dems. Add in Reps too and she could fellate demons on the courthouse steps before that would happen.

That leaves criminal prosecution, which may be possible and despite giving us a brief frisson of righteous pleasure would likely plunge this state into Republican hands for at least the next term as Bevin would play that religious oppression war on Christianity schtick to a gubernatorial landslide, so all the good Beshear, non-leftist though he may be, has done, including probably the most effective ACA implementation in the country, gets pissed away just so we can say "told you so".

Trust me we've been outplayed. In KY, as in much of the nation and hereabouts all of the region, nothing trumps the Gawd card.

[PoliticAverse]

1. You left out that she could spend the rest of her term in prison for contempt of court. n/t

[whatthehey]

3. Well technically I did include ctiminal prosecution. AND the nigh inevitable result

Is briefly putting away one bigot, to have her step out a short time later a gofundme multimllionaire and national celebrity, worth putting millions of us under Republican unchallenged rule for years?

[PoliticAverse]

4. I don't think a federal judge will be caring about local politics...

or the celebrity factor, and a federal judge will be the one issuing the contempt order.

[whatthehey]

7. see post 6. I know.

[Hortensis]

10. Yes you did, and, agree, absolutely not. Such a shame to be denied that "frisson of pleasure," but

let's remember that, even if the majority who have no problem with gay marriage has been growing steadily, unlike those of some other states the people of Kentucky did not VOTE to legalize it. In that context, situations like this aren't unforeseeable, and just as foreseeably they will certainly will self-resolve over time. More waiting for those who still lack the full equality and right to pursuit of happiness "guaranteed" to all of us, unfortunately, but...

ITM, this clerk's breaking of the law while in office might just expose her to personal civil liability, and someone who's had more than enough of waiting might just bring suit against her directly. Insurance does not cover lawsuits brought for illegal activity; it is not allowed to by law.

Fine with me. Standing on principle is admirable, but a public official should not require the public to pay her to refuse to perform the duties of her office. The principled step would have been to resign with dignity.

[Hortensis]

11. Just saw federal judge has ordered the clerk to attend a hearing on Thursday. Reportedly, the

opposing parties have all requested fines but not jail if it comes to that. All the assistant clerks in her office are also ordered to attend.

I saw no indication that anyone has filed civil suit yet. I wonder if this person recognizes that those people are also capable of principled behavior.

[geek tragedy]

2. federal judges don't face such electoral pressures.

the rule of law is the rule of law.

[whatthehey]

6. True that. An embuggerance though in political impact

[geek tragedy]

9. not really. people understand that you have to follow the law nt

[RKP5637]

5. I'm certainly no expert, but she is in defiance of a Federal law from SCOTUS.

I think, and I certainly might be wrong, but this is at the level of a Federal judge and the US Marshals to remove her from office. This reminds me so much of the sixties and the defiance of Federal law.

[LanternWaste]

8. However, the process that could move Davis out of office has started

However, the process that could move Davis out of office has started. While Rowan county officials have little power to directly act in the matter, the power they do have is to turn the question over to the state attorney general —which took place on Friday. Rowan county officials are asking the state attorney general to address Davis refusing marriage licenses as an official misconduct charge. If pursued to the fullest extent, this might not only result in job loss, but could involve fines and jail time.

[oldandhappy]

12. But she can go to jail, yes? Thanks for the post.