Stopping a tidal wave is the next trick

[Long Run]

WTF. Do your job.

Invoking "God's authority," a county clerk denied marriage licenses to gay couples again Tuesday in direct defiance of the federal courts, and vowed not to resign, even under the pressure of steep fines or jail.

"It is not a light issue for me," Rowan County Clerk Kim Davis said later through her lawyers. "It is a heaven or hell decision." [Then maybe you should get another job since this one requires you to issue the licenses.]

April Miller and Karen Roberts, tailed by television cameras and rival activists, were there when the doors opened Tuesday morning, hours after the Supreme Court rejected the clerk's last-ditch request for a delay.

They hoped Davis would accept that her fight was lost and issue the licenses, ending the months-long controversy that has divided Rowan County, where the seat of Morehead is considered a progressive haven in Appalachian Kentucky.

Instead, Davis once again turned them away. On their way out, Miller and Roberts passed David Ermold and David Moore, 17 years a couple. "Denied again," Roberts whispered in Moore's ear.

Ermold said he almost wept. They demanded to talk to Davis, who emerged briefly on the other side of the counter.

"We're not leaving until we have a license," Ermold told her.

"Then you're going to have a long day," Davis replied.

Davis, an Apostolic Christian, stopped issuing all marriage licenses in June rather than comply with the Supreme Court's legalization of gay marriage nationwide.

Gay and straight couples sued, saying she should fulfill her duties as an elected official despite her personal religious faith. U.S. District Judge David Bunning ordered her to issue the licenses, an appeals court affirmed that order, and the Supreme Court on Monday refused to intervene, leaving her no legal option to refuse.

And yet, she did.

"Stand firm," Davis' supporters chanted as a tense standoff erupted in the lobby. [Brought to you by the Kentucky Tourism Board, no doubt.]

"Do your job," marriage equality activists shouted back.

Davis retreated into her inner office, closed the door and shut the blinds. The sheriff moved everyone outside, where demonstrators lined up to shout and sing at each other.

Davis knows she faces stiff fines or even jail if the judge finds her in contempt, her lawyer said. Her supporters compared her Tuesday to the Biblical figures Paul and Silas, imprisoned for their faith and rescued by God. [Don't know if she can also be sued for intentional infliction of emotional distress, but she should since she is acting outside the scope of her lawful duties.]

But the couples' lawyers asked that she not be sent to jail, and instead be fined, since she currently collects her salary — $80,000 a year — while failing to perform her duties. They asked the judge to "impose financial penalties sufficiently serious and increasingly onerous" to "compel her immediate compliance without delay."

Bunning ordered Davis and her six deputy clerks to appear before him Thursday morning at the federal courthouse in Ashland.

Davis also faces a potential state charge of official misconduct, a misdemeanor meant for public servants who refuse to perform their duties. Kentucky Attorney General Jack Conway, now running as the Democratic nominee for governor, is studying a complaint filed by a couple she turned away, and will decide whether to appoint a special prosecutor.

Davis said she never imagined this day would come.

"I have no animosity toward anyone and harbor no ill will. To me this has never been a gay or lesbian issue. It is about marriage and God's word," her statement said.

Her critics mock this moral stand, noting that Davis is on her fourth husband after being divorced three times. [Really, this woman might be hard to live with?]

Joe Davis, who described himself as "an old redneck hillbilly," [at least he is honest on occasion] came by to check on his wife Tuesday. It's been an ordeal, he said. She got death threats and they've had to change their phone number. He pointed to the people calling for gay rights on the courthouse lawn.

"They want us to accept their beliefs and their ways," he said. "But they won't accept our beliefs and our ways."

Mat Staver founded the Liberty Counsel, a Christian law firm that represents Davis. He said she had been a sinner until she went to church four years ago when her mother-in-law died. She was born again after the preacher read a Bible passage about how forgiveness grows from the grace of God, he said.

"She's made some mistakes," he said. "She's regretful and sorrowful. That life she led before is not the life she lives now. She asked for and received forgiveness and grace. That's why she has such a strong conscience."

Davis served as her mother's deputy for 27 years before she was elected as a Democrat to succeed her in November. Davis' own son is on the staff. As an elected official, she can be removed only if the Legislature impeaches her, which is unlikely in a deeply conservative state.

Davis' supporters blame Gov. Steve Beshear, who ordered resistant clerks to issue licenses or resign. The Kentucky County Clerk's Association has proposed legislation to make marriage licensing a function of state government, relieving clerks of the burden.

Beshear said again Tuesday that the Supreme Court has settled the case and that he won't call a special session to change a law that 117 of the state's 120 county clerks are obeying. [There are two other government employees refusing to do their jobs?]

Kentucky's Republican nominee for governor, Matt Bevin, said Tuesday that he supports Davis' "willingness to stand for her First Amendment rights," and if elected, would have people download marriage licenses on the Internet to file at clerk's offices just like other documents.

Conway, his Democratic opponent, has said he supports a new state law that would protect clerks who do not want to issue marriage licenses to same-sex couples. [Bipartisan at least.]

Outside the courthouse, dozens of Davis' supporters stood in a circle, singing "Amazing Grace" and "Onward Christian Soldiers."

"She's standing for God's word and we're standing with her," said Flavis McKinney.

On the other side of the courthouse lawn, others held signs reading "Hate is not a family value" and sang repurposed Christian songs: "Jesus loves the little children, all the children of the world. Gay or straight or black or white, they are precious in his sight."

Will Smith Jr. and James Yates emerged from the courthouse red-eyed and shaking, too upset to talk about being rejected again. They held hands and rushed around the protesters to reach their car.

But Moore and Ermold joined the rainbow-clad throng. They swayed and sang, pledging to come back again and again until Davis relents.

"I feel sad, I feel angry, I feel devastated," Ermold said. "I feel humiliated on such a national level that I can't comprehend it. I cannot comprehend it right now."

Sheriff Matt Sparks tried to keep everyone civilized as he stood between the two sides.

"It has disrupted our county, but it shows us that the county is, probably the country is, still divided on this issue," Sparks said. "I'm just glad we live in a country that we have the freedom to disagree. This will end eventually and we'll all come together again."

[Sue U]

Court should issue a writ of mandamus and/or jail and fine the clerk for contempt. Her conduct is an outrageous violation of law.

[Guinevere]

Fine her, hell they should throw her in jail until she purges herself of contempt. Which is a proper sanction for civil contempt - I've gotten contemnors jailed twice in the last 5 years. Once you purposely and deliberately flaunt a clear order of the court, you're in deep deep doo.

[Gob]

God did her no favours...

[Guinevere]

And yet, she's been married four times . . .

[RayThom]

... that a gay marriage may turn out being so much stronger and happier than any one of her own marriages.

Screw all that bible stuff. It's so obvious the green-eyed monster rules every moment of her spiritless existence. Unfortunately, a little jail time and the loss of her job will only make her a newsworthy personality. She probably stands a chance to make million$ of dollars before she fades into oblivion, or the next news cycle, whichever comes first. Good riddance to bad rubbish.

God bless America.

[MajGenl.Meade]

Anecdotal or even actual evidence that divorce is more of a threat to marriage than any number of homosexuals are.

[Sue U]

Anecdotal or even actual evidence that divorce is more of a threat to marriage than any number of homosexuals are.

Apparently, divorce is actually a great boon to marriage, as demonstrated by the multiplier effect in Ms. Davis's case.

[MajGenl.Meade]

Ah, I missed out "the sanctity of" - sorry!

Second thought
Given the floating in the air statistic that 50% of marriages end in divorce, this lady is running at the rate of 75% (assuming none of the three sadly passed away?). So, like every other divorcee/remarrier, she's only one ahead - but confounding the average in a negative way for "marriage".

[rubato]

Lets see. She's on husband #4 currently, and divorced husband #1 5 months before she gave birth to twins fathered by husband #3 but adopted by husband #2.

Now if she was a congregant in god's one true church (the Catholics) marraiges 2, 3 and 4 are all 'living in sin' and fucking husband #3 while married to #1 makes that one at least 'living in naughty' so she's on damned thin ice condemning faithful homosexual couples.

Born-again Christians do not have even a vestigial a sense of irony do they? Anybody hearing the strains of "Harper Valley PTA" here.


I dunno but she has the fashion sense of a lesbian. Maybe that's the real reason for the serial husbands?


http://www.vox.com/2015/9/1/9239011/kim ... y-marriage

yrs,
rubato

[oldr_n_wsr]

but she has the fashion sense of a lesbian. Maybe that's the real reason for the serial husbands?

Just what do you mean by "the fashion sense of a lesbian"?

[Big RR]

Ordinarily, a town clerk is a minor functionary who has no policy making responsibilities. I would hope the court would order the town to issue the license, and fire her if she did not do the paperwork.

[Gob]

[MajGenl.Meade]

Born-again Christians do not have even a vestigial a sense of irony do they?

Good to see the usual bigotry coming out, naked and unafraid.

[Sue U]

Ordinarily, a town clerk is a minor functionary who has no policy making responsibilities. I would hope the court would order the town to issue the license, and fire her if she did not do the paperwork.

She's not a town clerk, but a county clerk, which is an elected office, so she cannot be fired. She could be impeached by the legislature, but that's pretty much a practical impossibility. That's why the only remedies available are injunction/mandamus and contempt-of-court.

If she (and her deputies) are jailed, it would only make her/them martyrs. Some substantial personal financial penalties would likely be more effective, as well as an award of damages against the county so that the taxpayers get the message that flouting the law has very real consequences.

[Guinevere]

I disagree. I've dealt with repeat offender/habitual contemns. They don't care about the financial penalties because they know those will never be collected (or it will take a long long time and a lot more process before it ever happens). But they can go to court in a heartbeat, and that time in the slammer has worked for me every time. Even just the threat of it.

She is already portrayed as a martyr so I could care less about tossing her ass into the county lockup, even if she gets more publicity.

[wesw]

pretty much a case of giving what is Caesar s to Caesar isn t it?

if they forced her church to perform the service it would be a different thing.

if she doesn t want to do Caesar s work she should resign

[Sue U]

She is already portrayed as a martyr so I could care less about tossing her ass into the county lockup, even if she gets more publicity.

Well, it's not much of a martyrdom if you're still collecting an $80k annual paycheck and walking around town, going to the movies and whatever.

Presumably she took an oath of office swearing to uphold the law, so maybe she can be charged with some sort of official malfeasance by an enterprising prosecutor. If her personal beliefs won't let her do the job that she's legally required to do, she should resign as a matter of principle, and also because she is otherwise stealing the taxpayers' money. She was elected to perform the duties of the county clerk, not to collect a paycheck while refusing to perform those duties. She doesn't get to pick and choose which functions she feels like doing.

[rubato]

but she has the fashion sense of a lesbian. Maybe that's the real reason for the serial husbands?

Just what do you mean by "the fashion sense of a lesbian"?

Look up the pictures.


yrs,
rubato

[rubato]

Born-again Christians do not have even a vestigial a sense of irony do they?

Good to see the usual bigotry coming out, naked and unafraid.

Bigotry? Her bigotry? Or do you have the same deficit?


yrs,
rubato