Kim Davis found in contempt and taken into federal custody by US Marshals
Source: Raw Story
Kim Davis, the defiant Kentucky county clerk, was found in contempt of court and taken into federal custody.
U.S. District Court Judge David Bunning ordered Davis, the Rowan County clerk, to be jailed on the contempt charges until she agrees to comply with multiple court orders to issue marriage licenses to same-sex couples.
The judge ordered her held indefinitely because he did not believe fines would be enough to compel her to follow the law.
Davis, an elected official, has argued that she should be exempt from following the U.S. Supreme Court ruling in Obergefell v. Hodges because she objects to same-sex marriage for religious beliefs.
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Read more: http://www.rawstory.com/2015/09/kim-davis-found-in-contempt-and-taken-into-federal-custody-by-us-marshals/
TRAVIS GETTYS
03 SEP 2015 AT 13:04 ET
That was the only way to prevent her from continuing to refuse licenses.
Now we will see how "deeply held" her beliefs really are. I'm guessing she resigns within the month.
left-of-center2012
(34,195 posts)And becomes a new FOX NEWS host?
WinkyDink
(51,311 posts)pocoloco
(3,180 posts)Response to pocoloco (Reply #87)
Name removed Message auto-removed
Jimbo S
(2,958 posts)Who wants to spend a holiday weekend in jail?
jtuck004
(15,882 posts)I wish I was a songwriter.
aidbo
(2,328 posts)She's not (traditionally) pretty enough to be a host.
I'm sure she'll make quite a few appearances on various shows on Fox, though.
left-of-center2012
(34,195 posts)Oh come on.
Imagine her in a blonde wig and a mini skirt, sitting on the Fox couch.
Jimbo S
(2,958 posts)CanonRay
(14,101 posts)3catwoman3
(23,975 posts)...not always her glory.
niyad
(113,281 posts)aidbo
(2,328 posts)Jimbo S
(2,958 posts)RoccoR5955
(12,471 posts)from the morons who fund her. She can take her god-damned religion and stick it where the sun doesn't shine!
cstanleytech
(26,290 posts)and get a massive judgement against her, hopefully both happen.
truebluegreen
(9,033 posts)given all the court decisions against her, but who would set the amount of the judgment(s)? A Kentucky jury? I don't have much confidence in justice; I'd effing hate to see her retire on a pile of bigot cash.
NewJeffCT
(56,828 posts)I'm sure she can get money in other ways, but at least they've made it a bit more difficult.
http://www.addictinginfo.org/2015/09/03/sorry-kim-davis-gofundmes-new-policy-prevents-conservatives-from-raising-money-for-you/
iemitsu
(3,888 posts)of Kim Davis' bigotry.
The gay couple, denied a marriage license, ought have a wonderful honeymoon and I would gladly chip in.
TNNurse
(6,926 posts)but she does not fit the standard Fox News look for women.
TNNurse
(6,926 posts)but she does not fit the standard Fox News appearance for women.
maddiemom
(5,106 posts)maddiemom
(5,106 posts)SummerSnow
(12,608 posts)1. become republican
2. hate Obama
3. hate all groups
4. deny facts
mdbl
(4,973 posts)It was the only way. Crazies would have helped her pay any fines.
RKP5637
(67,107 posts)yuiyoshida
(41,831 posts)Christian martyr if she went to jail. The feds have her now, so will it happen? I guess we will have to stand by and wait, as this drama unfolds. I personally think she's a drama queen, but hey, that's me.
by the way, I read she calls herself a Democrat. Bet she changes party to become a Republican, how could she not be?
JustAnotherGen
(31,818 posts)The Drama Llama!
King_Klonopin
(1,306 posts)This contrived tempest in the tea pot has nothing to do with the oppression
of the religious beliefs of a Christian.
This as all about HER. This is all about ATTENTION seeking:
"Look what they're doing to ME, feel sorry for ME, pay attention to ME!"
And don't doubt for a minute that she so badly WANTS and HOPES to be made
into a poor, maltreated martyr-figure. Folks like Ted Cruz and Fux News will be
more than happy to play that game and reward this sick bullshit.
The shameless hypocrisy viz a viz her 3 dissolved marriages is obvious, but what
does that say about her past partners' ability to tolerate being in a relationship
with her?
If you look through the outward facade, the faux sanctimony, you may not be
shocked to find a genuinely mean -spirited, angry, sadistic bully who lives for
the opportunity to enrage other people while still coming across as if she were the
victim.
Yup, this DQ is truly a piece of work.
You work for the State of Kentucky (abbreviated "KY", ironically!) not for the
evangelical church of pious southern hate-mongers, Inc. --
Get help and get over yourself !!!!
smirkymonkey
(63,221 posts)I think she's eating up all this attention w/ a big old spoon.
IthinkThereforeIAM
(3,076 posts)... that the government cannot interfere with your religious beliefs, but they can interfere with religious practices/rituals if it breaks the law. And that is exactly what happened here.
randys1
(16,286 posts)She wont last 48 hours in a real jail, she will be whining like hell.
Someone start a pool thread as to how long she lasts before she gives up.
mnhtnbb
(31,384 posts)I'll give her a week.
She won't give up. She's probably already setting up her Go Fund Me page, because persecution.
Elmer S. E. Dump
(5,751 posts)passiveporcupine
(8,175 posts)GOFUNDYME
Elmer S. E. Dump
(5,751 posts)still_one
(92,187 posts)impeach her to remove her from office for violating federal law.
lapislzi
(5,762 posts)Sadly, this is a win-win for the bigot.
Frank Cannon
(7,570 posts)It's not like there are any people who were just sitting on the fence about whether gays should be able to marry, and now they're all going to be activists because of the poor persecuted bigot lady.
The people who feel any sympathy for this woman were crazy to begin with.
passiveporcupine
(8,175 posts)They've been instructed to speak to their lawyers...they have been issued a ruling by the judge that they can issue marriage licenses, even though their "clerk" won't. One of her deputy clerks is her son.
How many people can fit in one jail cell?
TBF
(32,056 posts)if it follows it's own guidelines:
Campaigns in defense of formal charges or claims of heinous crimes, violent, hateful, sexual or discriminatory acts
She's definitely discriminating.
https://www.gofundme.com/blog/2015/04/29/protecting-our-community/
lapislzi
(5,762 posts)But I'm certain zealots all over the country will just send her money via other means. Which is just too depressing to contemplate...
lark
(23,097 posts)He certainly didn't meet that criteria.
TBF
(32,056 posts)I'm pretty sure they changed their policy because of that slimeball.
workinclasszero
(28,270 posts)do "martyr's" become fabulously wealthy, have TV and radio shows and book deals and get paid 50 grand a speech to moan about the turrble persecution they had to undergo to discriminate against their fellow citizens.
homegirl
(1,428 posts)no longer manages accounts for people involved in political/legal issues. Not since the pizza people collected over $800K.
Elmer S. E. Dump
(5,751 posts)RKP5637
(67,107 posts)riversedge
(70,204 posts)Raster
(20,998 posts)...HOWEVER, I think most reasonable, rational and intelligent persons -- no matter their personal religious beliefs -- realize that to allow Davis to use her elected office to enforce her own religious beliefs sets a precedent that is most dangerous for all. The legal foundation of our very republic would be grossly diminished. That precedent door can swing both ways.
avebury
(10,952 posts)StandingInLeftField
(972 posts)since husbands 3 and 4 are the same man.
avebury
(10,952 posts)If so, he is a glutton for punishment.
underpants
(182,788 posts)Here's where it gets interesting
Husband #2 was not the father but he adopted the twins. About 10 years later they divorced.
She married #3 who IS the father of the twins but they later divorced.
#4 is actually #2 - they remarried and are still married.
Did I clear that up?
avebury
(10,952 posts)punishment.
underpants
(182,788 posts)Last edited Thu Sep 3, 2015, 04:06 PM - Edit history (1)
#sitnexttoKimDavis is HILARIOUS
Lochloosa
(16,063 posts)nichomachus
(12,754 posts)underpants
(182,788 posts)kiri
(794 posts)You are implying that this devout Christian woman--with lots of deeply held beliefs--actually fornicated? May committed adultery, too?
I am shocked at the mere suggestion.
underpants
(182,788 posts)Just not to the person she was fornicating
Actually this might have been before she repented. It's all part of God's plan you know....well the gays aren't but nobody's perfect
kiri
(794 posts)"Actually this might have been before she repented." Glad you clearerd that up.
The Bible is generally in favor of nepotism, but practicing nepotism among the coeds and innocents is an altogether worse sin.
niyad
(113,281 posts)she is now an empty (oops, meant, clean) slate.
maddiemom
(5,106 posts)If so, all her prior sins are forgiven.
gregcrawford
(2,382 posts)... can't tell one husband from another without a score card!
StandingInLeftField
(972 posts)but they've been known to be wrong in the past
They also made it a point to say in their opening sentence that she was a Democrat - I have no independent confirmation of that, but thought it said volumes about NPR these days.
gregcrawford
(2,382 posts)... but even a masochist welcomes a break now and then. I'll bet he's breathing a great sigh of relief. "Praise the Lord" self-righteousness get old real quick!
Hoppy
(3,595 posts)dorkzilla
(5,141 posts)The world has gone mad today....
underpants
(182,788 posts)Here's where it gets interesting
Husband #2 was not the father but he adopted the twins. About 10 years later they divorced.
She married #3 who IS the father of the twins but they later divorced.
#4 is actually #2 - they remarried and are still married.
gregcrawford
(2,382 posts)underpants
(182,788 posts)Stonepounder
(4,033 posts)gregcrawford
(2,382 posts)... "I am my own grandpaw"! It's out there on the intertubes somewhere. They's nuthin' the matter with incest as long as you keep it in the family!
mahatmakanejeeves
(57,425 posts)gregcrawford
(2,382 posts)Thank you! Although just the fact that I can remember it means I have seriously dated myself. Hmmm... that's the second time today I've done that.
snort
(2,334 posts)but I stiffed the waiter and I hate people who do that so I never saw me again.
avebury
(10,952 posts)Gore1FL
(21,130 posts)This story is hard to follow.
underpants
(182,788 posts)Married #1, divorced, gave birth to twins 5 months later...
Here's where it gets interesting
Husband #2 was not the father but he adopted the twins. About 10 years later they divorced.
She married #3 who IS the father of the twins but they later divorced.
#4 is actually #2 - they remarried and are still married.
Did I clear that up?
Gore1FL
(21,130 posts)But otherwise I think I have it!
L0oniX
(31,493 posts)Matariki
(18,775 posts)away from her kids, her church, her 4th husband.
still_one
(92,187 posts)whatthehey
(3,660 posts)They are slavering for the Governor to call a special session so they can write a specific law exempting her from having to sign marriage certificates for same sex couples. Here, going against an overtly, even falsely, religious stance is instant political suicide.
still_one
(92,187 posts)Lancero
(3,003 posts)still_one
(92,187 posts)Cirque du So-What
(25,932 posts)Fundie legislators see it more as an investment.
still_one
(92,187 posts)Ed Suspicious
(8,879 posts)just slightly shorter than the one upon which Jesus resided. Poor poor persecuted xtian.
wryter2000
(46,039 posts)She'll be forgotten soon unless she decides to obey the law and do her job.
RKP5637
(67,107 posts)Atman
(31,464 posts)She'll be nominated for sainthood next. But probably not before getting her own Fox "News" program.
Purveyor
(29,876 posts)Behind the Aegis
(53,955 posts)She has already been compared to the clerks who refused to admit Jews to the gas chambers...who were they again? What do you want to be she is compared to Rosa Parks!? I got money says it happens within the next few hours!
beac
(9,992 posts)Link provided as proof but, trust me, you don't want to read that article.
Behind the Aegis
(53,955 posts)What a slap in the face to Rosa Parks.
Proud Liberal Dem
(24,412 posts)MADem
(135,425 posts)a crazed extra on Parks and Recreation, maybe.....
beac
(9,992 posts)Elmer S. E. Dump
(5,751 posts)I include the link as a normal courtesy, but wouldn't recommend bothering to read the garbage. I'll give you one excerpt:
To those in this camp I humbly say, come now and let us reason together. Let us discuss whether Daniel, as a public official, was right to refuse to obey Babylons decree to cease worshiping God, or if he shouldve just obeyed the law and never risked the lions den in the first place? Or whether our Founding Fathers shouldve just obeyed the law from King George III, and never have written nor executed a Declaration of Independence?
But then there are the smarty-pants, the thumb-suckers, and the bed-wetters who profess with their mouths how much they love the Lord and want their fellow believers to engage the political process, only to then condemn patriots like Davis when they do. Maybe its because true courage of conviction in the face of evil exposes their half-hearted, pretend activism theyve been profiting off of all these years prior. It pays well to never win, and then continue raising money and writing books off the people you feign fighting for as the (losing) battle rages on.
And on.
And on.
3catwoman3
(23,975 posts)...Rosa Parks. Not even close.
phleshdef
(11,936 posts)louis-t
(23,292 posts)Jester Messiah
(4,711 posts)This porcine drama queen doesn't come anywhere near the minimum requirement for martyrdom. She's just in it for the attention and the book deal.
George II
(67,782 posts)RKP5637
(67,107 posts)god will come down and spring her out of jail.
Hepburn
(21,054 posts)...
If it's like the one in LA, she will be BEGGING to sign those licenses to get outta there!
spinbaby
(15,089 posts)With a persecution complex. She'll be on wingnut radio for months whining about it.
geek tragedy
(68,868 posts)SoLeftIAmRight
(4,883 posts)Give her some time to think - 2 marbles clack together
TreasonousBastard
(43,049 posts)do they go to jail, one by one?
avebury
(10,952 posts)elected officials. Firing is an option on the table.
RKP5637
(67,107 posts)do they have to wait on her to change her mind. Apparently, as I understand it, the judge ordered she be held in jail indefinitely until she changes her mind and issues licenses.
kay1864
(5,064 posts)RKP5637
(67,107 posts)kay1864
(5,064 posts)RKP5637
(67,107 posts)kay1864
(5,064 posts)Or if we're lucky, she'll be issued pink. Or rainbow. (I can dream can't I...)
RKP5637
(67,107 posts)maindawg
(1,151 posts)Id be surprised if the substitute clerk wants to go to jail also.
Im so happy that horrible woman is in jail where she belongs. She is an idiot . People afraid she will become some kind of hero to the wacko right should relax. The wacko right has a very short memory and they are like a snake in that the will turn on you in a second for no reason.
She is being manipulated by evil people because she is an idiot. She deserves what is going to happen to her. I hope it gets much worse.
left-of-center2012
(34,195 posts)The clerk employees were afraid of her, so they may be glad she locked up.
Brother Buzz
(36,422 posts)by Ian Millhiser Sep 3, 2015 11:05am
In an interview with the Kentucky Trial Court Review, Rowan County Attorney Cecil Watkins expressed exasperation with Kim Davis, the anti-gay clerk who has refused to issue marriage licenses due to her objections to marriage equality. Davis, Watkins said, does not represent the county or its values, and he added that he told Davis that he will not and cannot support her in her refusal to obey the Constitution.
Perhaps most significantly, Watkins also says that he learned that Daviss deputy clerks would issue marriage licenses to all couples legally entitled to one, but that they are too afraid of Davis to do so. If Judge David Bunning, the federal judge who is expected to hold Davis in contempt after a hearing Thursday morning, orders Daviss deputies to issue marriage licenses, Watkins says, the deputies will comply.
Daviss refusal to comply with the Constitution has potentially placed her deputies in legal jeopardy. In an order announcing the contempt hearing, Judge Bunning said that Davis and each of her deputy clerks shall be present at the hearing. The deputies willingness to issue licenses if Davis is no longer an obstacle, however, may save them from sanctions since the primary purpose of the contempt hearing is to pressure Daviss office to comply with the law.
In an editorial note accompanying its reporting, the Trial Court Review paints a grim picture of life in the Rowan County courthouse after Davis began a symbol of anti-gay defiance. The takeaways from the Watkins interview are clear. Davis is acting alone in her zealous mission. Her conduct has terrorized not just her staff but everyone that works in the courthouse. And all for a foolish mission aided by out of state charlatan lawyers trying to raise money for their religious liberty mission.
http://thinkprogress.org/justice/2015/09/03/3698353/kim-daviss-deputies-reportedly-say-they-want-to-issue-marriage-licenses-but-are-too-afraid-of-davis/
underpants
(182,788 posts)It would be nice if someone brought he a Diet Mt. Dew
Brother Buzz
(36,422 posts)underpants
(182,788 posts)Sitnexto Kim Davis @nexttokimdavis
We all agreed that if #KimDavis falls in love and wants to marry her cell mate, we'll let her, but we're going to be dicks about it.
mahatmakanejeeves
(57,425 posts)That alone on eBay would have paid the fine for several days.
Brother Buzz
(36,422 posts)But it's NOT the coveted 16 ounce bottle. Bummer
Get A Load Of This:
underpants
(182,788 posts)I think I know a place that carries them regularly.
mahatmakanejeeves
(57,425 posts)I haven't seen one in years. Various Coca-Cola products made in Mexico and bottled in glass are frequent flyers at many stores in northern Virginia. They're sweetened with sugar too, not high fructose corn syrup.
Meanwhile, I'm still trying to figure out all those husbands.
underpants
(182,788 posts)Married #1, divorced, gave birth to twins 5 months later.-NOT #1's.....
Here's where it gets interesting
Husband #2 was not the father but he adopted the twins. About 10 years later they divorced.
She married #3 who IS the father of the twins but they later divorced.
#4 is actually #2 - they remarried and are still married.
Did I clear that up?
mahatmakanejeeves
(57,425 posts)awoke_in_2003
(34,582 posts)in Texas. Twelve ounces (well, metric equivalent) is still the perfect size for a soft drink.
mahatmakanejeeves
(57,425 posts)And by "she" I mean someone else entirely.
Sitnexto Kim Davis
underpants
(182,788 posts)Sitnexto Kim Davis @nexttokimdavis
We all agreed that if #KimDavis falls in love and wants to marry her cell mate, we'll let her, but we're going to be dicks about it.
happyslug
(14,779 posts)First, the Federal Civil Rights act does NOT apply to discrimination against homosexuals and neither does any state or local Civil Rights act. Thus her employees can NOT rely in the Civil Rights Act to protect them from being fired for NOT following the rules set by their supervisor.
Now, they are GOVERNMENT EMPLOYEES, and as such have a property right to their job (unlike private employees who are subject to the At Will Doctrine of employment). Thus as long as their follow the rules, they are entitled to keep their jobs. The issue is what rules are to be followed? The employer, the Clerk, or the Judge's court order? That is the real legal issue now, does the Judge have the power to FORBID the Clerk from firing any employee for NOT obeying the Clerk's rule against filing ANY marriage license.
Worse, the Court that can remove her, the State Legislature through impeachment, will not touch her. Thus jail is the only real option for the Judge as to the clerk, but as to the Clerk's employees do they run the risk of being terminated by the clerk for obeying the Judge's order?
Remember the Civil Rights Act, and the remedies under that act, do NOT come into play in this case for we are NOT talking about a protected class of people listed in the Civil Rights Act. The Supreme Court ruled that the 14th Amendment's equal protection of the law required issuance of such marriages licenses to same sex couples, but the clerk is NOT issuing any licenses, thus she can claim she is NOT discriminating against Homosexuals, for she is NOT issuing any licenses. When the court used the 14th amendment to end discrimination in 1954, discrimination was alive and well till Congress passed the 1974 Education act that gave money to schools, but not schools that were segregated by race (Yes, the 1963 Civil Rights Act had very little affect on school segregation).
Now, the Court of Appeals had upheld the Judge's ruling on the issuance of such licenses by the Clerk, but has NOT addressed the issue of the Clerk terminating an employee for obeying the Judge's order. The later is a different argument and gets into interference with the rights of the States where CONGRESS has not address (See the 11th amendment:
https://en.wikipedia.org/wiki/Eleventh_Amendment_to_the_United_States_Constitution
Please note the Clerk is considered part of the State Government.
Now the 11th amendment is a modification of Article III, Section 3:
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
https://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitution#Section_2
In simple terms, unless CONGRESS makes something a Federal action, all actions must be in State Court. Thus the US Courts can rule that a Clerk can NOT refuse to issue same sex marriage license for that is clearly against the US Constitution, but an issue exists as to the Clerk's right to terminate employees for NOT following her instructions, since Congress has NOT address that issue, can the employees be protected from being terminated?
Now, in the 1950s, the Courts got around the above problem by citing the 13th amendment, but the 13th only addresses issue of race. Thus that is NOT an option in the issue of Sex or sexual orientation.
Thus can the Federal Judge issue an order requiring the Clerk NOT to terminate an employee for disobeying the Clerk's instructions? Without a clear mandate from Congress, under what justification can the Judge issue such an order against the State (which is what the Clerk is, in this case)?
In many ways the clerk made a mistake, she should have NEVER cited religion, but instead just said she is NOT issuing any such license and when asked why, just state it is clear the state only intended to pass marriages between people of the opposite sex and when that law was ruled constitutional, she has no right to issue any marriage license till the State Legislature passes a new law as to who can or can not be married. Thus there is no valid law as to issuance of any marriage license and thus she can not issue any. When challenged in Federal Court, cite the above and ask the Judge to dismiss the case for it is a matter of State Law not Federal Law. I see the judge dismissing the case till it worked its way through the State System. In the state system, her argument would have had merit, that she can not issue a marriage license for the law authorizing her is unconstitutional and thus she can NOT issue any till the State Legislature pass a new law that meets the current federal constitutional rules. In the State courts her right to fire her employee for not obeying her would have been settled as a matter of state law, but right now it is an open issue.
avebury
(10,952 posts)That creates valid grounds for the other employees to file suit against her.
happyslug
(14,779 posts)Remember all you can gain in a lawsuit is loss wages, and if you hold onto the job, not lost wages to recover. If she fires an employee her defense will be that the employee did NOT obey the rules and thus she had the right to fire the employee. Even in Civil Service and Unionized work forces, failure to follow the rules set by the employer are grounds for termination (unless it can be shown the hostile work environment violated the union contract OR violated the Civil Service law).
I suspect the Clerk's office has no union and Civil Service law only states, in most states, the employer has to have cause to terminate, and failure to do as the boss wants is grounds to have the employee terminated.
Thus we are back to what power does the Judge have to ORDER the employees to do what the Judge wants them to do, when the person who signs their checks tells them NOT to follow what the Judge tells them to do? So far the Court of Appeals has said the Trial Court has the power to issue an ORDER forcing the Clerk to issue such licenses till a trial is heard on the subject. The Clerk instead of issuing the licenses, contingent on the Court ruling against the Clerk at any subsequent trial (where the issue of what affect the US Supreme Court ruling on same sex marriage had on the Kentucky Marriages license law would be decided) decided to disobey the COURT ORDER.
Remember this is similar to Martin Luther King's disobeying a Court Order forbidding him from attending a Civil Rights March in the 1950s. King decided NOT to wait for the appeal the decision to be heard (the Order was overturned on appeal) but to disobey that decision. King was then held in Contempt of the Order, and that case was appealed all the way to the US Supreme Court. King's jailing for disobeying the Court Order was UPHELD on the grounds King should NOT have disobeyed the Court Order, instead King should have appealed the order (the Order was clearly illegal, and was later ruled to be illegal, but that is a separate issue from the Contempt of disobeying the Court Order). The US Supreme Court ruled that people MUST obey Court Orders even if the Order is Illegal.
So far what happened to King's appeal, is what happened in this case, the Clerk has NOT lost at trial yet, but instead of obeying the Court Order till the trial, the Clerk is disobeying the Court Order and no court of appeals will reverse a trial judge's decision on such contempt, even if that same Court of Appeals would uphold her right NOT to issue such licenses when the appeal on the merits of the case finally gets up to them.
This Clerk is clearly grandstanding. She would be better going to Trial and point out that the Federal Judge had no right to issue the order he did on the grounds Marriage is a State Institution and since the US Supreme Court has ruled that states can NOT forbid same sex couples from marrying, the Kentucky Statute on marriages is unconstitutional and needs to be rewritten by the State Legislature and until it is rewritten THERE IS NO STATE LAW AS TO MARRIAGE. She seems to be adopting this policy, forbidding her employees from issuing ANY marriage licenses, but then is grandstanding when the Federal Judge ruled against her on an interim basis till the trial. Yes the Clerk has a point, but that does NOT give her the right to disobey a Court Order.
As to a hostile work environment, by itself that is NOT grounds to quit and sue. You have to show the hostile work environment is the product of some other wrong done by the employer. a wrong that is clearly illegal. So far I have NOT read of any such grounds, the Clerk running a tight ship and yelling at her employees by itself is NOT grounds to sue her.
smirkymonkey
(63,221 posts)I already did. It's not enough for her to stand up for her own ignorant views, she forces everyone around her to do the same. Ugh!
sadoldgirl
(3,431 posts)resignation or jail?
Oh yes, she will now become a Christian martyr.
bobclark86
(1,415 posts)Now she's gotten exactly what she wanted. I see fame and right-wing fortune in her future.
jberryhill
(62,444 posts)If she resigns right now, she walks.
As soon as there is no reason to hold her in contempt, she walks. Her options are issue licenses, resign, or stay in jail until her term is up.
The jailhouse key is in her hands at all times. That's how contempt works.
Ed Suspicious
(8,879 posts)That's interesting. Please correct me if I'm misunderstanding. Thanks.
jberryhill
(62,444 posts)Contempt is an inherent and discretionary power of the court in order to obtain compliance.
If it were punitive, she would be entitled to a jury trial on that issue alone.
The most common ground of appealing a contempt sanction is that it was used as a punitive measure, instead of a compliance measure.
The entire point of incarceration for contempt is that it is the contemnor him/herself who holds the power to be released at any time.
Ed Suspicious
(8,879 posts)Pacifist Patriot
(24,653 posts)She could have, and still could, resign at any time of her choosing.
truebluegreen
(9,033 posts)Hepburn
(21,054 posts)But.....she may hold out to be an anchor on Faux Snooze, too!
allan01
(1,950 posts)SMC22307
(8,090 posts)I'm on a Queen jag today as I work on a kitchen reno!
mahatmakanejeeves
(57,425 posts)jcheves@herald-leader.comSeptember 3, 2015
Updated 7 minutes ago
Rowan County Clerk Kim Davis was taken to jail Thursday by U.S. Marshals after a federal judge found her in contempt of court for ignoring his order to issue marriage licenses.
U.S. District Judge David Bunning ordered Davis to remain in jail until she agrees to comply with his Aug. 12 order.
Davis has refused to give anyone a marriage license since the U.S. Supreme Court legalized same-sex marriage June 26, citing her religious objections. A half-dozen local couples are suing her.
Kentucky clerk ordered jailed for refusing to issue gay marriage license
By James Higdon and Sandhya Somashekhar September 3 at 1:17 PM
ASHLAND, Ky. A county clerk who refused to issue marriage licenses to same-sex couples was found in contempt of court Thursday and taken into custody.
The idea of natural law superceding this courts authority would be a dangerous precedent indeed, U.S. District Judge David L. Bunning told Rowan County clerk Kim Davis.
Thank you, judge, she replied before being removed from the courtroom by U.S. marshals.
Davis, an Apostolic Christian, had said it would violate her faith to issue marriage licenses to same-sex couples and had directed her office to withhold marriage licenses to anyone, gay or straight. She was sued by four gay couples who had been denied licenses, and was ordered by Bunning last month to begin issuing the licenses this week.
Lurks Often
(5,455 posts)although I would have fined her $1000 per day, going up $1000 on each successive Monday until she complied
nadine_mn
(3,702 posts)This is just the thing that cause them to whip out their wallets.
The judge was right - no fine was going change her mind. But jail might
Maeve
(42,282 posts)Personally, I'd prefer "and" not "or"
Lurks Often
(5,455 posts)jeff47
(26,549 posts)So donate to husband #4 instead. Presumably he'd share.
Lurks Often
(5,455 posts)It MIGHT still be seizable, especially if they filed a joint state and/or Federal tax return
HenryWallace
(332 posts)By arresting her you have encouraged the "Christian Persecution" meme.....
The offending institution is the Rowan County government, who refuses to comply with Federal Law.
A $20,000/day fine against Rowan County would have a material impact on County Services! My guess she would have no support for her "principled stand" if it meant county residence lost their trash pickup.
awoke_in_2003
(34,582 posts)they are going to whine about persecution. Someone else would pay her fines- only she can sit her ass in jail.
catbyte
(34,376 posts)...what with it being Jim Bunning's son & a Shrub appointee and all.
truebluegreen
(9,033 posts)left-of-center2012
(34,195 posts)Evangelicals were collecting money across America to pay her fines and mock the law.
jeff47
(26,549 posts)Theoretically, could just fine away whatever money they raise.
Practically, there's no way to do that. They'd just donate the money to Husband #4.
ram2008
(1,238 posts)Oneironaut
(5,493 posts)My reaction isn't, "Yay! A bigot is going to jail!" I'm sad that it got to this point, and that she didn't come to her senses.
beac
(9,992 posts)This is what she wanted and now we'll see if "be careful what you wish for" applies. She will have no platform to spill her hate from inside a cell.
WinkyDink
(51,311 posts)3catwoman3
(23,975 posts)You have t have senses in order to be able to come to them.
IDemo
(16,926 posts)with each trying to outdo the next to gain Dominionist points.
Fred Sanders
(23,946 posts)privilege is.
Media still calling the religious zealot "defiant" as she rightly heads off to jail still collecting her wages.
If only it were a Muslim clerk of the court being " defiant" about dosing their sworn jobs....wonder if
other words might be used...say, like "contempt"?
And where is the mass media coverage of women even now in jail in Fundieland because they dared to have an abortion to save their own lives, but without permission of God's representatives on Earth?
jeff47
(26,549 posts)treestar
(82,383 posts)that's the only way around it for her.
RKP5637
(67,107 posts)- stay in jail
- comply
- resign
jberryhill
(62,444 posts)However, there is another interesting procedural pathway here, which I will get to if I have more time in a while.
Put simply, if the deputy clerks issue the licenses to the plaintiffs, as they promised they would, her continued incarceration for contempt in this case becomes moot.
The rest of the case in chief will proceed in any event, but it will be interesting to see whether the plaintiffs go to the county courthouse to get their licenses from the clerk at this point or not.
That doesn't necessarily get her out, but part of the dynamic here was that she was refusing to allow the deputies in her office to issue them.
So, if the plaintiffs get the licenses from the clerks, then it is difficult to justify, in this case, continuing to hold her in contempt since, at that point, what is that she is supposed to do in order to gain release?
Contempt is not punitive. It is a tool for obtaining compliance.
There are a couple of other procedural nits that need sorting out, but I'm sure there will be much more entertainment in store.
RKP5637
(67,107 posts)but, if she personally refuses to process/issue licenses is she still in contempt if she directs the clerks to process/issue them?
This would then be a workaround of sorts, is she still then in contempt?
jberryhill
(62,444 posts)It's not a free-floating state of being.
The specific order in question here is:
-------
IT IS FURTHER ORDERED
that Defendant Kim Davis, in her official capacity as
Rowan County Clerk, is hereby preliminarily enjoined
from applying her no marriage licenses policy to future
marriage license requests submitted by Plaintiffs.
-------
So, to be clear, she was never ordered to issue a marriage license to the plaintiffs. What she had been doing was saying that her office was not issuing marriage licenses - to anyone.
The court said that she had to discontinue applying that policy to the plaintiffs.
Again, the case-in-chief rolls on. This was just a preliminary order in it.
What today's festivities do is to provide the deputy clerks with authority to disregard her instructions to them not to issue marriage licenses to the plaintiffs in the case.
What I would expect to happen is as follows. First, it's not clear to me whether the plaintiffs ought to go to the courthouse tomorrow for their licenses. But let's assume they do. A deputy clerk will issue the license(s). Upon that happening, if I were her lawyer, I'd be right back in court seeking to get her out, since the finding of contempt in relation to that order will have been rendered moot.
There is another interesting tension here. Incarceration for contempt in circumstances where the way out is not precisely clear is another one of the ACLU's issues. That's why they weren't asking for incarceration in their motion in the first place, as it is kind of odd for the ACLU to be looking to have someone locked up.
But in any event, if the plaintiff's get licenses, her contempt in relation to that order is immediately moot.
RKP5637
(67,107 posts)Lefty Thinker
(96 posts)Then it's right back to Federal detention if she doesn't issue it (all other requirements having been met).
jberryhill
(62,444 posts)Again, I'd like to see a transcript of today's proceedings, as it is likely the judge may have modified the order.
The order of which she was held in contempt, is specific to the plaintiffs in the proceeding.
The judge may have issued other and/or different orders today. So the situation is not entirely determinable at this moment.
FreeState
(10,572 posts)jberryhill
(62,444 posts)As I suspected, the order issued today was modified from the original preliminary injunction. If it remained specific to the plaintiffs, then there would have been an opportunity for some procedural fun & games.
crim son
(27,464 posts)where I'd like to see the incarcerated person be responsible for paying for any costs incurred while in jail. Food, shelter, heating, cooling, laundry, whatever.
beac
(9,992 posts)that agreed to comply?
jberryhill
(62,444 posts)There are a couple of procedural issues that will require some adjusting. If you see a full transcript from today anywhere, let me know.
beac
(9,992 posts)jberryhill
(62,444 posts)The order, as modified today is:
-----
The Court's August 12, 2015 preliminary injunction order, RE #43, is hereby modified to state that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs or by other individuals who are legally eligible to marry in Kentucky.
-------
Hence, she can stay in jail until she agrees to comply with the order, regardless of whether the specific plaintiffs get theirs.
beac
(9,992 posts)Thanks for the update.
yardwork
(61,599 posts)Even if others in her office issue the marriage licenses, if she won't sign them, doesn't that mean she's still in contempt?
Apparently the judge has warned couples that the unsigned licenses may not be legal.
PoliticAverse
(26,366 posts)Kentucky law seems to indicate a deputy clerk can issue a license...
http://www.lrc.ky.gov/Statutes/statute.aspx?id=36475
...
(c) The date and place the license is issued, and the signature of the county clerk
or deputy clerk issuing the license.
L0oniX
(31,493 posts)rather than a country jail.
shenmue
(38,506 posts)Elmer S. E. Dump
(5,751 posts)Response to Eugene (Original post)
Name removed Message auto-removed
WinkyDink
(51,311 posts)C Moon
(12,212 posts)But her shackles are covered. Wonder why, since she's so proud of going to jail for Jesus?
snooper2
(30,151 posts)C Moon
(12,212 posts)left-of-center2012
(34,195 posts)yellowcanine
(35,699 posts)LiberalArkie
(15,715 posts)was appointed to the federal bench by former President George W. Bush and confirmed by the Senate in 2002.
still_one
(92,187 posts)her job
LiberalArkie
(15,715 posts)Is the party getting close to cutting the fundies loose?
bucolic_frolic
(43,146 posts)Son of Jim Bunning, baseball star and conservative former US Senator.
Who can predict what the judiciary will do?
He would have made a great umpire ... calls 'em as he sees 'em.
CharlotteVale
(2,717 posts)TBF
(32,056 posts)how come Christians are all about following authority until they don't want to follow it? Then it's "you're discriminating against me as a Christian"
I think we all know which party is the bigot in this story.
closeupready
(29,503 posts)underpants
(182,788 posts)KansDem
(28,498 posts)jberryhill
(62,444 posts)The jailhouse key is in her own hands.
lark
(23,097 posts)GoFundMe can't get her out of this. if she had an ounce of integrity, she'd just quit, but she has none at all, so now she's in jail where she belongs. Good.
Babel_17
(5,400 posts)Hopefully she'll eventually see how this is really just about love. When she does see that she'll find herself welcomed back into the world. Because that's how we roll.
morningfog
(18,115 posts)retrowire
(10,345 posts)this is amazing.
oh please I wanna do a pool thread.
JoePhilly
(27,787 posts)3catwoman3
(23,975 posts)...that there is a fair percentage of Lycra in the clothing we have seen her wear.
beac
(9,992 posts)Make her go on the record about why Leviticus doesn't apply to her wardrobe choices.
turbinetree
(24,695 posts)will cost Kentucky to place her in the system at over $14,000 per year of taxpayer dollars.
http://www.rowancountydc.org/inmate_services.html
http://www.bjs.gov/content/pub/pdf/spe01.pdf
Now the question that needs to be asked, does she still draw a pay check-----------or will that be applied to the Contempt charge.
My guess is that she will draw the pay check unless someone files suit against her getting that check, because she is behind bars not performing her "elected" functions to administer the "rule of law" instructed by the "courts" across the land, in the county or for that matter Kentucky
MynameisBlarney
(2,979 posts)wryter2000
(46,039 posts)Vinca
(50,269 posts)Different Drummer
(7,614 posts)I think it's safe to say it's in the works.
yuiyoshida
(41,831 posts)photos of her in a orange jumper and behind bars?
kenfrequed
(7,865 posts)She should be removed from office. What authority is she exercising in this matter.
drray23
(7,627 posts)when she was asked this very question, she said "under god's authority". She is that delusional if she thinks her particular brand of religion is supposed to have precedence over the law of the land.
lpbk2713
(42,757 posts)Or is that only in Arpaio's jail?
OldRedneck
(1,397 posts)Rightwing bullshit explosion coming up in 5 - 4 - 3 - - - - -
Blue Owl
(50,356 posts)Helen Borg
(3,963 posts)...
Jester Messiah
(4,711 posts)nichomachus
(12,754 posts)nolabear
(41,960 posts)crazylikafox
(2,755 posts)She's even got the hair...
rocktivity
(44,576 posts)or the state legislature votes her out of office.
Picking and choosing which segments of the public you serve defeats the purpose of public service. Cue the Vonage Theme!
rocktivity
NBachers
(17,108 posts)The Feds have plenty of facilities all over the country. They can stick her where she's a nobody, and no one cares. They're very good at keeping people on the move, and placing them way beyond their own little sphere of influence.
workinclasszero
(28,270 posts)while fox news and hate radio turns her into a rich "martyr" who will never have to work a day in her life again.
Its so funny that a person that's been married 4 times and had two children out of wedlock, get to discriminate against other people that want to get married and get rich in the process.
This idiotic farce could only happen in America. SMH
smirkymonkey
(63,221 posts)She's such a bloody hypocrite and a narcissist. I really want to see her get what she deserves, but I am afraid all she will get is money and a certain cult status among Christian nutcases.
CaliforniaPeggy
(149,611 posts)shawn703
(2,702 posts)Act_of_Reparation
(9,116 posts)Have I missed something?
Maeve
(42,282 posts)Act_of_Reparation
(9,116 posts)Thanks for the clarification.
lunatica
(53,410 posts)hobbit709
(41,694 posts)Spitfire of ATJ
(32,723 posts)mahatmakanejeeves
(57,425 posts)Tune in tomorrow. Same bat time, same bat channel.
Office closed
The Rowan County Clerk's Office is closed today as Clerk Kim Davis and her deputy clerks report to federal court in Ashland. They were ordered to court by Judge David Bunning after contempt charges were filed against Davis for refusing to issue marriage licenses.
Angry Dragon
(36,693 posts)asiliveandbreathe
(8,203 posts)go figure...nepotism reigns supreme - he has a meeting with the judge along with the other clerks..either you do your job or be found in contempt....
Born again Christians??? - I looked it up for understanding....unbelievable....
I can't stand hypocrites.....
Jamastiene
(38,187 posts)She worked there under her mother for 24 years. So, her mother was also clerk for at least 24 years. They always tell us those types of jobs aren't given based on nepotism, but here is living proof of it.
asiliveandbreathe
(8,203 posts)What is it about city, county, state governments - it's not what you know, it's who you know...in some cities, jobs are so wired, the job ad is a joke, just as we see in this case - as elected officials - and I use that term lightly, in this case, they have a block of voters who always turn out - consider in most cities and counties - no more than 10-14% of voters turn - especially in an off election year...which is what they do - I call them phantom voters - 'you don't see them, nor hear about them - you only see the results the next day and wonder - how did that happen...it is voter apathy as well..and then people want to complain about the outcome..
And don't tell me (figuratively speaking) churches aren't involved in passing the word..(no I am not a conspiracy theorist)..just an observer..we should have been able to oust Arpaio here in AZ last election...so, what happened...
phantom voter blocks...same as this dunderhead gov..oh and take a look at our head of education, she is a ceramics instructor for heavens sake - she is on the cusp of a decision to recall her..6 months into her term - we had one legislator saying she wanted it to be made law everyone had to attend church...I know so many use this kind of rhetoric to get headlines..but come on..enough already...don't offend our intelligence..some of us anyway..
Eye on local politics...voter registration..don't back down when someone wants to spew faux propaganda headlines..but then, you already know this..be well
Jamastiene
(38,187 posts)You hear about old families (families that have lived in one area for generations) being in control of everything locally, but then people say it's a myth. It is not a myth. Not only is that not a myth, they have a monopoly on all town decisions in all areas of local governments, because they get their friends in control of other areas of local governments. And they are usually all involved heavily with the local churches. I always notice how business leaders in my county use church as an advertising tool. They can do whatever they want on Saturday night, but on Sunday, they are rubbing elbows socializing at the church like they are holier than anyone around. There are a lot of pockets of America, especially in some rural areas, where they interpret the law however they want because a block of people control everything and everyone else is SOL. It is just that now, the media spotlight gets shined on some of them from time to time. I'm surprised more people are not aware of how things really are in a lot of areas.
malthaussen
(17,193 posts)I cannot abide people who lack integrity.
-- Mal
Betty Karlson
(7,231 posts)That woman is soulless.
beac
(9,992 posts)Bluegrass Politics @BGPolitics · 4m4 minutes ago
Judge will hold new hearing at 3:30 to decide if her deputies agreeing to give licenses over her objections makes jailing her unneeded.
https://twitter.com/BGPolitics
She is still in contempt. I sure hope the judge doesn't allow this work around BS.
What would prevent her from firing the five deputies and hiring five bigots to replace them?
ETA latest tweet:
Bluegrass Politics @BGPolitics · 37s37 seconds ago
Kim Davis will return to courtroom at 3:30 & tell judge if she's willing to let her deputies obey law over her objections. If not, jail.
So, if she is willing to allow her deputies to issue them, then all her grandstanding was just BS.
samsingh
(17,595 posts)paid by stupid, bigoted supporters out there - mainly repugs and tea party types
harun
(11,348 posts)Response to Eugene (Original post)
Name removed Message auto-removed
arcane1
(38,613 posts)marym625
(17,997 posts)alfredo
(60,071 posts)mahatmakanejeeves
(57,425 posts)From the comments at KENTUCKY: Judge Says Licenses Issued Without Signature Of Kim Davis Might Not Be Valid
the perp walk!
Charles Bertram @cbertramHL
Rowan Co. Clerk Kim Davis was led away in custody from the U.S. Courthouse in Asland. @heraldleader
Herald-Leader twitter feed
tomm2thumbs
(13,297 posts)just wondrin'
NutmegYankee
(16,199 posts)Let's see "God's law" get you out now.
Monk06
(7,675 posts)the Supreme Court whose authority she doesn't recognize/
4lbs
(6,855 posts)In 2014, Bailey chose not to run for re-election, and Davis ran for the clerk office as a Democrat. She defeated Republican John Cox in the November 2014 election, becoming the Rowan county clerk. As county clerk, she receives an annual salary of $80,000.
http://www.cbsnews.com/news/kentucky-clerk-same-sex-marriage-kim-davis-turbulent-marital-history/
County taxpayers pay Davis $80,000 as the elected clerk. Staver said Tuesday that she does not have a fortune squirreled away somewhere to pay whatever punishment Bunning hands down. But she also refuses to resign.
Wait, she makes $80K a year in Kentucky and she doesn't have money saved away?
It's not like she lives in NY, CA, or Hawaii. $80K in Kentucky is like $120K in any of those 3 states!
https://www.missourieconomy.org/indicators/cost_of_living/
Kentucky has the 5th lowest cost of living as of 2015. New York, California, and Hawaii are in the top 5 highest.
humbled_opinion
(4,423 posts)religious liberty in front of the SCOTUS....
PoliticAverse
(26,366 posts)Bleacher Creature
(11,256 posts)Her time in jail can now be the focal point of her stump speech on the bigot speaking tour and will fill at least a chapter's worth of pages in her "woe is me" book.
marble falls
(57,080 posts)Response to marble falls (Reply #247)
Name removed Message auto-removed
Response to Eugene (Original post)
Name removed Message auto-removed
tomm2thumbs
(13,297 posts)The judge later sought a resolution that would keep Davis out of jail. He told her six deputies that they are free to follow the law, overruling an objection from her lawyer, who argued that they cant act against the clerks authority. All but the clerks son, Nathan, later promised to comply.
Davis was summoned back to court and offered the option to go free as long as she did not interfere with her deputies issuing the licenses. Through her attorneys, she declined.
We cannot represent to the court that Ms Davis would allow licenses to be issued, her attorney said.
_______
She needs to sit in jail as long as she will openly guarantee to interfere with other clerks from upholding their oaths to do their jobs
*from Guardian
http://www.theguardian.com/us-news/2015/sep/03/kentucky-clerk-contempt-of-court-marriage-licenses
Hoppy
(3,595 posts)lightning bolt, straight up the judge's ass. His ass will be brighter than the New Years Eve ball at Times Square.
Then see if he laughs at Jesus.
tabasco
(22,974 posts)Neptune gonna use his trident as a grounding rod so Thor don't get shocked!
niyad
(113,281 posts)pay back all the SECULAR, TAXPAYER money they basically stole while not doing their SECULAR jobs.
as the rude pundit put it, "does god sign your paycheck? no??? THEN DO YOUR DAMNED JOB!!!!!"
valerief
(53,235 posts)Beartracks
(12,809 posts)If your private beliefs are over-riding your ability to serve the public, it's time to find another line of work.
==========================
lonestarnot
(77,097 posts)Feeling the Bern
(3,839 posts)OverBurn
(950 posts)workinclasszero
(28,270 posts)She cannot simply be fired.
Uben
(7,719 posts)It's about as obvious as it gets. If she were a true Christian she would love all...but she takes exception for the LGBT community, so she is nothing more than another hypocrite religious fanatic who believes everyone but herself is a sinner.
I have no problem with her having her beliefs, but if it interferes with government business, she needs to find another job. She is not suited for work with the public.
What if I got elected and refused to marry any Christians? How long would I have the job? Same thing!
Keep her in jail until she resigns or submits.
They_Live
(3,232 posts)K & R !!