Same-sex couples issued marriage licenses in Rowan County; jailed clerk claims licenses are void

[brooklynite]

Source: Lexington Herald-Leader

MOREHEAD — James Yates and William Smith Jr. paid $35.50 and filled out paperwork early Friday to become the first couple to get a marriage license in Rowan County since the U.S. Supreme Court legalized same-sex marriage June 26. More couples soon followed.

With Rowan County Clerk Kim Davis in jail on civil contempt charges for defying a judge's order to resume issuing licenses, deputy clerk Brian Mason ended the office's two-month license ban by politely serving Yates and Smith on Friday, even congratulating them and shaking their hands afterward.

Hours later, however, attorneys for Davis said the marriage licenses issued by her office Friday were void because only Davis has the authority to authorize a marriage license, and she refuses to do so.

"They are not being issued under the authority of the Rowan County clerk's office. They are not worth the paper that they are written on," said attorney Mat Staver after meeting with Davis in the Carter County jail in Grayson.

Read more: http://www.kentucky.com/2015/09/04/4019876_live-updates-county-clerk-continues.html?rh=1

[Half-Century Man]

1. Hello.......Can anyonr hear me?

I'm still blocking you.......you have to listen......I'm still valid..........Jesus loves me, wait. I mean Jesus loves you...........

[shenmue]

2. I think the space between Kim Davis' ears is void

[tomm2thumbs]

10. double DUzy!

one for each ear on either side

[TreasonousBastard]

3. Seems to me another judge will have something to say about that...

and it's about time for Matt Staver's 15 minutes to be up.

[jaysunb]

5. Does Kentucky have a Bar association ?

A lawyer ? advocating against the "rule of law"

This is truly "down the hidey hole."

[PSPS]

7. These "attorneys" are from Liberty Counsel -- a theocratic/racist hate group.

Bar Associations are a joke these days.

From: http://www.rightwingwatch.org/content/meet-hate-group-trying-turn-kim-davis-anti-gay-rosa-parks

Meet The Hate Group Trying To Turn Kim Davis Into The Anti-Gay Rosa Parks

If Davis can defy the courts, Liberty Counsel chairman Mat Staver argues, then other elected officials can turn their counties (or cities and states) into “sanctuary cities” safe from gay marriage. “If they come out with a decision that is contrary to God's natural created order,” Staver said before the court had ruled, “I personally will advocate disobedience to it ... and collectively, we cannot accept that as the rule of law.”

Staver is no stranger to anti-gay activism, as he has predicted that President Obama will impose “forced homosexuality” upon the nation, regularly likened gay people to terrorists, labeled the gay rights movement as “demonic” and defended countries that outlaw same-sex relationships.

Gay equality, Staver warns, will lead to the end of civilization and cause America to “implode” and “unravel.”

[Shrike47]

22. I just feel my poor marriage unraveling. After all these decades, it's falling to the pressure. Arg

[The_Commonist]

24. We had some gay friends over the other night...

...and now I feel MY marriage is unraveling too!

Oh, no. That's this crappy old shirt I'm wearing now that's unraveling, not my marriage.
Never mind...

[beac]

25. Probably because it is made of mixed fibers and

you are going to hell.

[Monk06]

4. Time for her attorneys to join her in the county jail if this is them talking without the authority

of their client. If she instructed them to say this she's going all in on contempt of court

[bluestateguy]

6. She's in jail. She has no authority.

nt

[PoliticAverse]

8. There's a procedure in Kentucky to issue a license absent the clerk...

Marriage: http://www.lrc.ky.gov/Statutes/chapter.aspx?id=39205

License in absence of clerk: http://www.lrc.ky.gov/Statutes/statute.aspx?id=36490

402.240 County judge/executive to issue license in absence of clerk.
In the absence of the county clerk, or during a vacancy in the office, the county
judge/executive may issue the license and, in so doing, he shall perform the duties and
incur all the responsibilities of the clerk. The county judge/executive shall return a
memorandum thereof to the clerk, and the memorandum shall be recorded as if the
license had been issued by the clerk.

[eggplant]

9. There's a lot of ways to interpret that.

Ok, there aren't.

When you get to the bottom, you're supposed to stop digging. Apparently nobody told Kim.

[Shrike47]

23. Us lawyers makes our money from pointing out the many ways to interpret every statement.

[Yo_Mama]

27. But Kim Davis is right, apparently. The deputies aren't legally authorized to do it.

I did read that the judge who jailed her for contempt only responded to this by saying that he would leave it up to the couples to worry about whether their marriage licenses are valid or not.

I doubt that anyone who gets married with the license issued by the deputies will ever have the legality of their marriage questioned, even if it is technically illegal.

[Democat]

11. Does that allow the judge to assign the authority to her staff?

Or does the judge have to issue them? And who is the "county executive"?

Either way, it seems there is a legal way around this anti-gay woman.

[PoliticAverse]

13. The actual title is "county judge/executive"...

Like clerk it is also an elected position:
http://www.lrc.ky.gov/Statutes/statute.aspx?id=23768

67.700 County judge/executive

Election Term.
There shall be elected in nineteen hundred and seventy seven (1977) and every four (4)
years thereafter, in each county a county judge/executive who shall enter upon the
discharge of the duties of his office on the first Monday in January after his election, and
continue in office four (4) years, and until the election and qualification of his successor.

Powers and duties:
http://www.lrc.ky.gov/Statutes/statute.aspx?id=23770

http://www.lrc.ky.gov/Statutes/chapter.aspx?id=37360

[Democat]

15. Thank you for the reply

And the link to the information.

[gvstn]

14. Great post. Thanks for the info.

[MannyGoldstein]

12. It's great that the DNC is in favor of whatever

most Americans are in favor of, as long as it doesn't cost Wall Street anything.

[msanthrope]

16. Are you posting this reply in the right thread, Manny? nt

[jberryhill]

17. Does it matter?

"We interrupt this thread for a Manny-break."

...

"Than you. We now return to your thread. Had this been an actual Manny thread, you would have received context, much more snark, and condescension. "

[msanthrope]

20. True....just asking because there were a couple of posts in the wee hours that

indicate Manny might have had a tipple or two......

[lobodons]

19. Interesting comment

Considering your name and all. (Guess every family has a black sheep)

[Hugin]

18. I'd think a gag order would be proper in this case.

Wouldn't want to spoil any future potential jury pool and deny whatsername of a fair trial.

[DhhD]

21. Davis is really claiming that the Constitution of the United States is void. She is an

Apostolic like TX Senator R-Cruz. Davis and Cruz are alike in setting a harmful example of being against democracy in favor of theology. The Separation of Church and State is a principle of both the Constitution and the Holy Bible.

IMO, Davis needs to be in jail for obstructing the job that she took an oath of office to do. She needs to resign. She should work for herself to allow her practice to be open to those who accept her theology. She and those like her should build an Ark, live in it, and let God take care of all the others who want to see democracy flourish.

[RKP5637]

26. She needs a mental competency evaluation if she is ever to return to her cushy job. n/t

[HassleCat]

28. Unusual arrangement

When I worked in a county clerk's office, the clerk herself never issued marriage licenses, performed weddings, etc. She left all that stuff up to us. There were four of us who could do that, and the clerk would only step in when none of us were available. I can't imagine a clerk's office where the deputies have no authority to do anything. Are there some states where every document has to bear the signature of the clerk, and nobody else?