Kentucky county clerk Kim Davis loses in 6th Circuit, appeals to SCOTUS, may DIE trying

  • Posted by a hidden member.
    Log in to view his profile

    Aug 26, 2015 9:46 PM GMT
    Game Over....Lets move on with life, shall we. Either she complies, resigns or goes to jail icon_cool.gif


    http://www.dallasvoice.com/kentucky-county-clerk-loses-6th-circuit-10202914.html

    The decision from the 6th Circuit (above) states the "injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court."

    "There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal," the judges state.

    Davis has until the end of the month to begin issuing marriage licenses before she faces contempt of court.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 26, 2015 10:23 PM GMT
    ELNathB saidGame Over....Lets move on with life, shall we. Either she complies, resigns or goes to jail icon_cool.gif


    http://www.dallasvoice.com/kentucky-county-clerk-loses-6th-circuit-10202914.html

    The decision from the 6th Circuit (above) states the "injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court."

    "There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal," the judges state.

    Davis has until the end of the month to begin issuing marriage licenses before she faces contempt of court.


    Why the end of the month? What's preventing her from issuing them immediately?
  • HottJoe

    Posts: 21366

    Aug 26, 2015 10:58 PM GMT
    UndercoverMan said
    ELNathB saidGame Over....Lets move on with life, shall we. Either she complies, resigns or goes to jail icon_cool.gif


    http://www.dallasvoice.com/kentucky-county-clerk-loses-6th-circuit-10202914.html

    The decision from the 6th Circuit (above) states the "injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court."

    "There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal," the judges state.

    Davis has until the end of the month to begin issuing marriage licenses before she faces contempt of court.


    Why the end of the month? What's preventing her from issuing them immediately?

    It's so puzzling how you will defend religious beliefs on a thread about gay Muslims being executed by ISIS, yet this woman gets no sympathy.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 26, 2015 11:50 PM GMT
    HottJoe said
    UndercoverMan said
    ELNathB saidGame Over....Lets move on with life, shall we. Either she complies, resigns or goes to jail icon_cool.gif


    http://www.dallasvoice.com/kentucky-county-clerk-loses-6th-circuit-10202914.html

    The decision from the 6th Circuit (above) states the "injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court."

    "There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal," the judges state.

    Davis has until the end of the month to begin issuing marriage licenses before she faces contempt of court.


    Why the end of the month? What's preventing her from issuing them immediately?

    It's so puzzling how you will defend religious beliefs on a thread about gay Muslims being executed by ISIS, yet this woman gets no sympathy.



    It's not surprising to anyone here that you're confused. I'm sure it's a feeling you're quite used to. But in all honesty, I really don't think you're confused as you are intentionally manipulative and passive aggressive. Please quote where he defended ISIS. He defended a person's right to their own thoughts and beliefs. Try harder.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 1:39 AM GMT
    HottJoe said
    UndercoverMan said
    ELNathB saidGame Over....Lets move on with life, shall we. Either she complies, resigns or goes to jail icon_cool.gif


    http://www.dallasvoice.com/kentucky-county-clerk-loses-6th-circuit-10202914.html

    The decision from the 6th Circuit (above) states the "injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court."

    "There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal," the judges state.

    Davis has until the end of the month to begin issuing marriage licenses before she faces contempt of court.


    Why the end of the month? What's preventing her from issuing them immediately?

    It's so puzzling how you will defend religious beliefs on a thread about gay Muslims being executed by ISIS, yet this woman gets no sympathy.


    You make it seem like I defended ISIS executing people. So not cool.

    Just to make things clear for you: I will defend her right to hold whatever religious beliefs she wants. What I won't do is agree that she should impose her beliefs on others ESPECIALLY in the execution of her duties for which she is paid by the taxpayers and for which the courts says she must do.

    And thanks Radd.
  • HottJoe

    Posts: 21366

    Aug 27, 2015 1:51 AM GMT
    ^Oooh, I think shit just got real.icon_lol.gif
  • KissTheSky

    Posts: 1981

    Aug 27, 2015 2:07 AM GMT
    Why has she not already been fired? She clearly has no intention of doing her job. These conservative homophobes do not have special rights.
    Plus, I think she should have to pay the legal costs of her endless game-playing and refusal to do her job or quit. Why should decent taxpayers have to pay to force a conservative bigot to do her job?
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 3:38 AM GMT
    KissTheSky saidWhy has she not already been fired? She clearly has no intention of doing her job. These conservative homophobes do not have special rights.
    Plus, I think she should have to pay the legal costs of her endless game-playing and refusal to do her job or quit. Why should decent taxpayers have to pay to force a conservative bigot to do her job?




    Just as the 6th circuit court, now has ruled. Has come under the SCOTUS ruling. Her position as county clerk is an elected one, those who elected her most likely reflect her same religious views. Under SCOTUS ruling, the will of the majority, cannot be imposed upon the rights of the minority, so in a sense, SCOTUS ruling per equal protection clause, 14th amendment applies to her job too.

    Kim Davis and the voters that elected her have imposed their will against the minority violating the equal protection clause, 14th amendment. She and the voters that elected her must comply with the higher courts ruling. Since she alone represents "the majority people", she alone will have to comply. If she does not, she could resign her elected post or face jail time imposed by the court in the form of contempt. Question is, will she willingly go to jail for her religion?

    Contempt of court
    https://en.wikipedia.org/wiki/Contempt_of_court

    Under the United States jurisprudence, acts of contempt are divided into direct or indirect and civil or criminal. Direct contempt occurs in the presence of a judge; civil contempt is "coercive and remedial" as opposed to punitive. In the United States, relevant statutes include 18 U.S.C. §§ 401–403 and Federal Rule of Criminal Procedure 42.[15]
    1.Direct contempt is that which occurs in the presence of the presiding judge (in facie curiae) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice. After giving the person the opportunity to respond, the judge may impose the sanction immediately.
    2.Indirect contempt occurs outside the immediate presence of the court and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the charge and an opportunity for hearing of the evidence of contempt and, since there is no written procedure, may or may not be allowed to present evidence in rebuttal.

    Contempt of court in a civil suit is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of the order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge or the court.

    Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a reasonable doubt, but once the charge is proven, then punishment (such as a fine or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to his or her own cell, thus conventional due process is not required. The burden of proof for civil contempt, however, is a preponderance of the evidence, and theoretically punitive sanctions (punishment) can only be imposed after due process but the due process is unpublished.

    In civil contempt cases there is no principle of proportionality. In Chadwick v. Janecka (3d Cir. 2002), a U.S. court of appeals held that H. Beatty Chadwick could be held indefinitely under federal law, for his failure to produce US$ 2.5 million as state court ordered in a civil trial. Chadwick had been imprisoned for nine years at that time and continued to be held in prison until 2009, when a state court set him free after 14 years, making his imprisonment the longest on a contempt charge to date.

    Civil contempt is only appropriate when the imposed party has the power to comply with the underlying order.[16] Controversial contempt rulings have periodically arisen from cases involving asset protection trusts, where the court has ordered a settlor of an asset protection trust to repatriate assets so that the assets may be made available to a creditor.[17] A court cannot maintain an order of contempt where the imposed party does not have the ability to comply with the underlying order. This claim when made by the imposed party is known as the "impossibility defense".[18]

    Contempt of court is considered a prerogative of the court, and "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States'".[19]

    The United States Marshals Service is the agency component that first holds all federal prisoners. It uses the Prisoner Population Management System /Prisoner Tracking System. The only types of records that are disclosed as being in the system are those of "federal prisoners who are in custody pending criminal proceedings." The records of "alleged civil contempors" are not listed in the Federal Register as being in the system leading to a potential claim for damages under The Privacy Act, 5 U.S.C. § 552a(e)(4)(I)

  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 5:23 AM GMT
    I doubt she will risk jail. Christians today do not have the intestinal fortitude or strength of their convictions that the early Christians had who were beaten, tortured, thrown to lions, sold into slavery, and a host of other horrible things rather than deny their faith. She's a paper tiger that will run with her tail between her legs when faced with jail time.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 5:31 AM GMT
    UndercoverMan saidI doubt she will risk jail. Christians today do not have the intestinal fortitude or strength of their convictions that the early Christians had who were beaten, tortured, thrown to lions, sold into slavery, and a host of other horrible things rather than deny their faith. She's a paper tiger that will run with her tail between her legs when faced with jail time.
    When I was growing up in the Christian faith, I was appalled at the horrible things early Christians went through just because of their faith.

    Now that I've ditched religion and see it for what it is, I realize why they were "persecuted" in the first place. It's because they want to kill and/or persecute others who don't think the same way. I no longer feel remorse for the way the early Christians were treated. In fact, I applaud the idea.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 5:40 AM GMT
    UndercoverMan saidI doubt she will risk jail. Christians today do not have the intestinal fortitude or strength of their convictions that the early Christians had who were beaten, tortured, thrown to lions, sold into slavery, and a host of other horrible things rather than deny their faith. She's a paper tiger that will run with her tail between her legs when faced with jail time.

    I'm not so sure. She may now be part of a bigger machine, that would welcome her "martyrdom".

    I think it more likely, however, if she continues to defy court orders, that she and her county will begin being assessed daily fines by the court. That probably will be forgotten and never paid, once this gets resolved. And her free Right Wing lawyers are advising her of that probable outcome, for her not to worry and keep defying the court, to play a game of brinksmanship.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 6:06 AM GMT
    Art_Deco said
    UndercoverMan saidI doubt she will risk jail. Christians today do not have the intestinal fortitude or strength of their convictions that the early Christians had who were beaten, tortured, thrown to lions, sold into slavery, and a host of other horrible things rather than deny their faith. She's a paper tiger that will run with her tail between her legs when faced with jail time.

    I'm not so sure. She may now be part of a bigger machine, that would welcome her "martyrdom".

    I think it more likely, however, if she continues to defy court orders, that she and her county will begin being assessed daily fines by the court. That probably will be forgotten and never paid, once this gets resolved. And her free Right Wing lawyers are advising her of that probable outcome, for her not to worry and keep defying the court, to play a game of brinksmanship.



    The power lies in the couples that cant get licenses. The court has given her, her instructions to perform her job duties. Simple, if couples are not getting licenses from her, now, the couples attorneys file court motion, court finds her in contempt. There is no more playing games or stalling. Her attorney best advise her to follow the 6th court because she is going to find her self in jail. I think in this particular case, the court already knows she is defiant and imposing fines will probably do nothing, if I were judge, I would not want to see this women and her attorneys in my court room again because she refuses to pay fines that pile up, much like parking tickets.

    The court will get tired of her antics, wasting its time, order contempt charge and impose jail time, she will be immediately carted off to jail processing. The court has told her once, they do not appreciate fancy tricks and games. Should be interesting to see if martyrdom is in her near future "Im going to jail for the cause, look at me" icon_rolleyes.gif


    So much for Mass civil disobedience, Kim Davis and her one show army icon_rolleyes.gif

    Christian Pastors: ‘Prepare for Massive Civil Disobedience’ if Supreme Court Legalizes Same-Sex Marriage
    http://www.breitbart.com/big-government/2015/06/24/black-and-christian-pastors-prepare-for-massive-civil-disobedience-if-supreme-court-legalizes-same-sex-marriage/

    “Millions of people in this country will not stand by and see our civil rights violated, our right to religion, our right to worship,” he continued. “We will go to jail – I see it coming.”



  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 1:23 PM GMT
    ELNathB saidShould be interesting to see if martyrdom is in her near future "Im going to jail for the cause, look at me" icon_rolleyes.gif

    She will be portrayed as a victim of perverted, anti-Christian homosexuals, whether she is fined or jailed. "Religious persecution" is the Right's current narrative, and she will fit the bill perfectly for them, especially being a victimized but brave & principled Christian woman, fighting for her religious rights, and of other Christians. The Senator from Canada, Ted Cruz, talks about this theme incessantly.

    There's no doubt she's being tutored & sponsored by the Right Wing, one of their poster children to make their political points against same-sex marriage. If she plays the game by their rules I doubt she'll ever have to pay a dime in fines, no matter what the courts assess her, nor any legal fees out of her own pocket.

    Any actual costs will be underwritten by the Right. And perhaps by one or more of these online sites, that raise money for these causes. Should she actually be sent to jail there will be an explosion of protests, and I think the court will want to avoid that. Jail would be playing into the Right's hand, and strengthen their chances of passing proposed legislation that Cruz and others want, to weaken and ultimately rescind the US Supreme Court ruling on same sex marriage.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 3:41 PM GMT
    she is an elected official and cant be just fired rather has to be impeached. The local government is un willing to reconvene a special session so the soonest as this can happen is early 2016. She will continue to get paid till then.

    likely she will get a contempt charge thus fine or imprisonment. prison is unlikely. The fines might be lower than needed. I bet she has moved most of her assets out of the reach of the courts.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 27, 2015 4:36 PM GMT
    Yep. Rowan County still refused to grant marriage license.
    But I think the delay is still in effect until Aug 31.
    The gay couple should be back in Sep 1. I hope.

    http://www.lgbtqnation.com/2015/08/breaking-kentucky-clerk-again-refuses-to-grant-license/
  • Posted by a hidden member.
    Log in to view his profile

    Aug 28, 2015 1:10 AM GMT
    Ronar2 saidYep. Rowan County still refused to grant marriage license.
    But I think the delay is still in effect until Aug 31.
    The gay couple should be back in Sep 1. I hope.

    http://www.lgbtqnation.com/2015/08/breaking-kentucky-clerk-again-refuses-to-grant-license/



    Looks like this B-I-T-C-H is appealing again, back to SCOTUS. The 6th circuit has ruled so shes planning more stalling tactics by playing games with the court system. If I were Justice Elena Kagan, I would immediately remand this person in contempt custody and have her lawyers and supporters pay her bail money. Kim Davis is a immature leach. icon_rolleyes.gif


    http://news.yahoo.com/same-sex-couple-cheers-gay-marriage-ruling-kentucky-065811434.html

    The American Civil Liberties Union sued her last month on behalf of four couples. U.S. District Judge David Bunning ordered Davis to issue marriage licenses two weeks ago. He later delayed that ruling until Aug. 31 or until the U.S. 6th Circuit Court of Appeals issued a ruling. The appeals court did so on Wednesday, denying Davis' appeal.

    But a deputy clerk in Davis' office on Thursday told William Smith Jr. and James Yates, a couple for nearly a decade, the office believes Bunning's delay remains in effect until Aug. 31. He refused to give his name or give them a license.

    Smith and Yates, rejected for the third time, left the office shaking their heads in anger and bewilderment.

    Davis, meanwhile, sat in her office with the door closed. She talked on the phone, ignoring the commotion as Yates and Smith, trailed by television cameras, poured in through the door and demanded answers.

    Her appeal to the nation's highest court will fall to Justice Elena Kagan, who oversees the 6th Circuit. Kagan, a liberal judge, sided with the majority this summer when it ruled gay marriage bans unconstitutional.

    Kagan could reject it outright in a matter of days, which would exhaust Davis' options for appeal, said Sam Marcosson, a constitutional law professor at the University of Louisville.

    Activists with signs and rainbow umbrellas lined up along the street outside Davis' window, shouting "Do your job." Later, Davis temporarily closed her office for "computer upgrades," and posted a note on the door that the office would reopen in an hour.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 28, 2015 1:40 AM GMT
    Kentucky Clerk Says He May Die Fighting Gay Marriage
    http://www.rightwingwatch.org/content/kentucky-clerk-says-he-may-die-fighting-gay-marriage

    On Monday, Casey County Clerk Casey Davis (no relation) appeared on Huntington, West Virginia’s “The Tom Roten Morning Show” to discuss how he similarly plans to defy the courts if ordered to issue marriage licenses to same-sex couples … even to the point of death.

    “It’s a war on Christianity,” he said. “There is a travesty taking place with that Supreme Court ruling was completely unconstitutional, completely unconstitutional. They have no right to tell us, the state of Kentucky, that our law that was voted with what was 70 percent of the people that it was wrong, they had no right.”

    An emotional Davis went on to claim that he may lose his life in defiance of marriage equality: “Our law says ‘one man and one woman’ and that is what I held my hand up and took an oath to and that is what I expected. If it takes it, I will go to jail over — if it takes my life, I will die for because I believe I owe that to the people that fought so I can have the freedom that I have, I owe that to them today, and you do, we all do. They fought and died so we could have this freedom and I’m going to fight and die for my kids and your kids can keep it.”


  • Posted by a hidden member.
    Log in to view his profile

    Aug 28, 2015 1:59 AM GMT
    " I will die for because I believe...." - Casey County Clerk Casey Davis

    Good. Die.
    One less homophobic christian repuke in the world.
    It's a good thing. icon_cool.gif
  • Posted by a hidden member.
    Log in to view his profile

    Aug 28, 2015 11:43 AM GMT
    The words of a true DRAMA WHORE!....
    "I would rather die than do what I was told to do by several courts..."...Remove them from office, the stage has been filled with new players and move on! This is no longer about their beliefs, this is about just doing their jobs...They can keep and live their beliefs, but their job has these requirements to perform....Perform the job with the new requirements or be replaced.

    Question for any of you Legal Eagles out there, in the State of Kentucky, what is the process for removal and replacement of a county elected official? Is it Governor, State Legislature, Court Order, a recall vote, Is there a process in place to handle this?
  • tazzari

    Posts: 2937

    Aug 28, 2015 5:15 PM GMT
    Self-martyrdom doesn't count. This drama queen is now trying to be a victim. I'd say let's help her, except once she gets fired/fined/jailed, she'll make a fortune as a professional victim and "christian martyr."
  • Posted by a hidden member.
    Log in to view his profile

    Aug 28, 2015 10:27 PM GMT
    Sporty_G said… Question for any of you Legal Eagles out there, in the State of Kentucky, what is the process for removal and replacement of a county elected official? Is it Governor, State Legislature, Court Order, a recall vote, Is there a process in place to handle this?


    i am totally un qualified to answer this but:
    she is an elected official and can't be fired but has to be impeached. the mighty state legislature is out on sumer break and the governor is unwilling to call a special scession.

    earliest she can be impeached is early 2016, until than she is entitled to her $80,000/yr salary.

    even if she is in prison.