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underpants

(182,802 posts)
Thu Sep 3, 2015, 04:34 PM Sep 2015

UPDATE: Kim Davis staying in jail, refuses to let deputy clerks issue licenses

This is a developing story and will be updated.

Davis and her deputy clerks were summoned to appear before U.S. District Judge David Bunning after citing her religious beliefs and "God's authority" to deny the issuance of the licenses, the Associated Press reports.

Five of the six deputies had agreed to issue the licenses -- only her son would not relent -- but Davis refused to authorize them to do so.

www.al.com

19 replies = new reply since forum marked as read
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underpants

(182,802 posts)
3. Can't post link on this phone. She appears to still claim authority
Thu Sep 3, 2015, 04:38 PM
Sep 2015

Since her name is on the licenses and she is elected to that position. I'm sort of guessing at her justification.

Fred Sanders

(23,946 posts)
5. Her equally Raptured very bad lawyers will pray for another Hitler reference in claiming Victimhood I am sure.
Thu Sep 3, 2015, 04:40 PM
Sep 2015

underpants

(182,802 posts)
11. He went Hindu too Fred
Thu Sep 3, 2015, 04:49 PM
Sep 2015

Davis' attorney Roger Gannam said that this is the first time in history that an American has been jailed for believing in their conscience.

3:41 p.m. Time.com on the Davis case:

"Suppose the Rowan County Clerk was a devout Hindu. It would not be permissible to force her to eat beef at an office function, for that would violate the Hindu taboo on harming cows. But that official would not be allowed to refuse to issue a marriage license to a couple with plans to serve beef at their wedding reception, nor could a Hindu official deny a construction permit just because the building is intended to be a steakhouse."

daredtowork

(3,732 posts)
19. It would depend if eating beef were part of the job.
Thu Sep 3, 2015, 05:36 PM
Sep 2015

A Hindu that holds religious beliefs that contradict their job duties would be expected to get another job. For instance, pretend the Hindu is a food safety inspector in the Cow Meat Department. If his job requires a personal taste test of the cow-burgers, and the Hindu argues he can't perform his job, then the choices are usually to transfer to a different job or resign. Davis has the option to receive special accommodation by letting her deputies sign the marrige license. By refusing accommodation and imposing direction on the deputies, Davis goes beyond living her own faith and on to projecting her faith on others.

elleng

(130,901 posts)
9. She 'loses,'
Thu Sep 3, 2015, 04:47 PM
Sep 2015

like if/when she takes vacations, her DEPUTIES do the work of the county; if she's in an accident/ill/hospital, her DEPUTIES do the work even without her explicit authorization, otherwise the county/state/country STOP WORKING!

 

hifiguy

(33,688 posts)
17. I'd venture to guess that this will NOT impress Judge Bunning.
Thu Sep 3, 2015, 05:31 PM
Sep 2015

One bit. Judges give the orders in courtrooms, not county clerks.

musiclawyer

(2,335 posts)
4. This is beyond dumb
Thu Sep 3, 2015, 04:39 PM
Sep 2015

The clerk is in jail. The county administrator should order the deputies to do their job. If they don't, put them on paid let pending discipline for insubordination. What kind of cartoonish county is that ?




underpants

(182,802 posts)
10. More! Davis attorney goes to the Hindu argument.
Thu Sep 3, 2015, 04:47 PM
Sep 2015

Davis' attorney Roger Gannam said that this is the first time in history that an American has been jailed for believing in their conscience.

3:41 p.m. Time.com on the Davis case:

"Suppose the Rowan County Clerk was a devout Hindu. It would not be permissible to force her to eat beef at an office function, for that would violate the Hindu taboo on harming cows. But that official would not be allowed to refuse to issue a marriage license to a couple with plans to serve beef at their wedding reception, nor could a Hindu official deny a construction permit just because the building is intended to be a steakhouse."

mnhtnbb

(31,388 posts)
15. Good grief. This guy needs a serious lesson about how many conscientious objectors have been jailed
Thu Sep 3, 2015, 05:21 PM
Sep 2015

in this country for refusing to go to war.


Nationwide during World War II, there were 34.5 million men who registered for the draft. Of those, 72,354 applied for conscientious objector status. Of those COs, 25,000 served in non-combatant roles and 27,000 failed to pass the physical exam and were exempted. There were over 6,000 men who rejected the draft outright and chose to go to jail instead of serving the war effort.



http://www.nebraskastudies.org/0800/frameset_reset.html?http://www.nebraskastudies.org/0800/stories/0801_0107.html

The New York Peace Society, founded in 1815 by David Low Dodge, was the first official peace society in America, but the true story of pacifism should begin with certain Native Americans who wished to live in peace. Since then, hundreds of peace groups and thousands of individuals have worked to promote peace and work against war, violence and injustice, following the voice of their consciences -- sometimes to the point of persecution and imprisonment. This page is intended as only a brief introduction to the historical setting for the topic of conscientious objection to war. More information should be sought from the links offered on other pages, as well as secondary published sources available from many libraries.


http://www.swarthmore.edu/library/peace/conscientiousobjection/co%20website/pages/HistoryNew.htm

Frank Cannon

(7,570 posts)
7. God's authority? I don't recall God ever mandating she had to keep her job.
Thu Sep 3, 2015, 04:41 PM
Sep 2015

I would think that if she really loved the Lord, she would happily quit.

 

hifiguy

(33,688 posts)
16. The judge can ORDER them to do so
Thu Sep 3, 2015, 05:30 PM
Sep 2015

whatever this yutz "orders" them to do. And one is most unwise to defy a federal judge. as this idiot is learning.

Buns_of_Fire

(17,175 posts)
18. "only her son would not relent"
Thu Sep 3, 2015, 05:34 PM
Sep 2015

So her son is also one of her deputy clerks? Nice little arrangement...

Got a question, though: Is this whole thing because she doesn't want her NAME on the licenses? Wouldn't they be just as valid printed as "Office of the County Clerk, Dumfuk County, Kentucky" without her name on it at all? If so, why not just hop down to the local QuickiePrint and have them run off a few hundred without her name and let those five deputy clerks go ahead and issue them while Kim stays in her cell and prays for their immortal souls?

Or is there more to it? (There probably is, but I know a judge trumps a county clerk in most jurisdictions...)

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