Kentucky Clerk Kim Davis Found in Contempt of Court - Jail

originally posted by: kaylaluv

originally posted by: introvert

originally posted by: AugustusMasonicus

originally posted by: introvert
I understand and agree. My point was to highlight the fact that she did not violate any law. She was held for civil contempt for not following an order. The law of the state still has to be changed to reflect the ruling.

No, it does not. The Supreme Court invalidated their law.

And the SCOTUS ruling replaced the existing law with what?

Constitutional law?

That's not how the system works. The SCOTUS only interprets law. They cannot legislate or replace laws because that is not their job. State legislatures have to create or change laws to reflect the constitution and SCOTUS rulings.

That's been my entire point.

originally posted by: Benevolent Heretic
I find it interesting how many of the GOP presidential candidates condemn President Obama for his "disregard of the law" and the" lawlessness" in this administration, but when Kim Davis operated with "disregard of the law" and the" lawlessness", they support and encourage her to do so.

Not really interesting... in fact, it's expected.

Oh ya but you see God's law is waaaaay more important.
White Christian God is far more important and right than Obama or dirty hippies or liberals or whatever.
the hypocrisy is staggering but completely expected.

Held: The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State.

Obergefell v. Hodges, et. al.

The US Constitution as amended is the supreme law of the United States.

The Kentucky laws are nullified, or another way of saying it, annulled as if it never existed.

(No, Kentucky CAN'T nullify Federal law; that's what SUPREME means.)

Let's summarize:

1) This woman is an official government worker who recently converted to Christianity.

2) She refuses to perform her job because it is against her newly found belief system.

3) She tries to impose her newly found belief system to other people - not only impose but actually enforce by denying her peers to execute their jobs based on her supervisor role.

4) She is issuing freaking marriage licenses. It's a legal document that has nothing to do with religion.

--

Why is anyone surprised that she is going to jail? The judge did the right thing and set the correct example. Government workers who are misusing their position and are violating their oath should be jailed until they comply with their duties. Next: Hillary.

I may not understand Kentucky law but why is she not relieved from her duties? Kick her out - clearly someone like her has no place in that position.

a reply to: stargatetravels

Many Christians simply don't "get" that just because their doctrine doesn't allow for something, that doesn't mean it's true. They honestly believe that because the Bible says that "homosexuals" are sinful that this is law, regardless of actual law or whether or not others agree with them.

My religion (The Church Of Kryties) states that drinking water is sinful and all those who drink water should be condemned to being slowly spit-roasted on a low flame for at least 10 hours before being fed to my goldfish. So, Christians, who wants to be first....hmmmm?

Didn't think so.

originally posted by: introvert

originally posted by: kaylaluv

originally posted by: introvert

originally posted by: AugustusMasonicus

originally posted by: introvert
I understand and agree. My point was to highlight the fact that she did not violate any law. She was held for civil contempt for not following an order. The law of the state still has to be changed to reflect the ruling.

No, it does not. The Supreme Court invalidated their law.

And the SCOTUS ruling replaced the existing law with what?

Constitutional law?

That's not how the system works. The SCOTUS only interprets law. They cannot legislate or replace laws because that is not their job. State legislatures have to create or change laws to reflect the constitution and SCOTUS rulings.

That's been my entire point.

SCOTUS has the power of judicial review which carries the (in this case supreme) power to nullify any subordinate law to the US Constitution. The only act which can undo said ruling is a subsequent act of the same Court.

originally posted by: CranialSponge
So I guess the next questions are:

Will she continue to receive her $80,000/year salary while she serves time in jail ?

and

Now that she is doing jail time, does that automatically disqualify her from being a County Clerk (the criminal record thing) ?

Yes to (1)...No to (2)

She can't be fired, since she was a political appointee they would need to Impeach her and even if the state legislature chose to, that process could be years while she gets paid.

a reply to: AugustusMasonicus

ooo am I late for the witch burning? we had one before but I can handle two today.

originally posted by: boymonkey74
a reply to: AugustusMasonicus

ooo am I late for the witch burning? we had one before but I can handle two today.

Monty Python knows all.....

a reply to: flyandi

Let's summarize even further:

This lady is being misused by outside interests according to an agenda that she barely understands.

Her life has changed forever.

originally posted by: introvert
The SCOTUS only interprets law. They cannot legislate or replace laws because that is not their job. State legislatures have to create or change laws to reflect the constitution and SCOTUS rulings.

Technically, the 14th amendment invalidated Kentucky's ban on same-sex marriages before Kentucky's law was even written! LOL!

The ban has ALWAYS been in violation of the Constitution, as it denied equal protection under the law. But it wasn't challenged (and made it to the Supreme Court) until this year.

I'm sure there's a provision to change the state law, but that probably won't be done until January. It's moot, though. If it stayed on the books forever, it would still not be enforceable.

a reply to: dawnstar

I wonder if the Kentucky Governor actually made any E.O.s?

There was some recent controversy about another Kentucky county clerk that has the same last name Davis that had an "issue" with the marriage certificates too.

Can't find anything in searches yet.

originally posted by: Fromabove

Not correct. She is not the government. Another clerk could issue the license. She was targeted for being a Christian and they insisted that "she" do it.

Baloney. She was in charge of the office and wouldn't let anyone issue licenses.

Even behind bars she is STILL insisting her subordinates cannot issue licenses without her permission.

Now she has her "own" remedy ....

Kim Davis thinks she has a solution to her problem.

The Kentucky county clerk, jailed for failing to follow a judge’s orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.

“She has a very strong conscience and she’s just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,” Staver said. “That simple remedy has simply been ignored by the court and by the governor and that’s what should have been done.

“I think it’s reprehensible that she’s in jail for this when a simple fix could have been easily handled.”

Jailed Kentucky Clerk Kim Davis Offers 'Remedy' in Same-Sex Marriage License Battle

Maybe resigning would do that too !!

originally posted by: Kryties
a reply to: stargatetravels

Many Christians simply don't "get" that just because their doctrine doesn't allow for something, that doesn't mean it's true. They honestly believe that because the Bible says that "homosexuals" are sinful that this is law, regardless of actual law or whether or not others agree with them.

My religion (The Church Of Kryties) states that drinking water is sinful and all those who drink water should be condemned to being slowly spit-roasted on a low flame for at least 10 hours before being fed to my goldfish. So, Christians, who wants to be first....hmmmm?

Didn't think so.

Awww man, thought we were going to get along.
Water is my favorite drink

I hope this type of resistance and protest against government, and government representatives continues.

People need to rise up and tell government and government representatives that they, the individuals, determine what they can and cannot do with their lives, as long as it doesn't infringe upon the life of another!

...If she really wanted to be a martyr for her cause, the more righteous thing to do would have stepped down, trying to convince as many other people in her position to do the same.

In my mind, I truly believe that is what Jesus would have done.

originally posted by: xuenchen
Now she has her "own" remedy ....

Kim Davis thinks she has a solution to her problem.

The Kentucky county clerk, jailed for failing to follow a judge’s orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.

“She has a very strong conscience and she’s just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,” Staver said. “That simple remedy has simply been ignored by the court and by the governor and that’s what should have been done.

“I think it’s reprehensible that she’s in jail for this when a simple fix could have been easily handled.”

Jailed Kentucky Clerk Kim Davis Offers 'Remedy' in Same-Sex Marriage License Battle

Maybe resigning would do that too !!

So...she found a loophole?

Why is her job so important to her? Why hasn't she just stepped down and walked away? Does she have absolutely NO other job skills?

Who really thinks God works with loopholes? Gotta hand it to people who try and exploit the system -- but to think an all-powerful God would honor a loophole is foolish.

If there's a God, he's not going to wink, point at you and say, "Ahhh you got me there!"

originally posted by: Rocker2013

originally posted by: aethertek
Outstanding! The country needs to start pushing back against these religulous nutters attempting to implement their desire for theocracy.

The next step would be to publicly and thoroughly challenge Mike Huckabee, Bobby Jindal, Ted Cruz and Marco Rubio on their desire to make America a theocracy, these people clearly believe that religious conviction has more power than the Constitution and the democratic principle of separation of Church and State.

These people have all come out in support of a theocracy governed by Christian extremism, this alone should make them ineligible for public office as they are proven to be incapable of upholding the rule of law.

I wish I could do more than 1 star! I have been arguing this with many of my "far right - conservative" friends lately. They are unwilling to accept this fact.

I'm all about protest. If Ms. Davis truly wished to protest, she would resign her position.

She'd still enjoy all the notoriety from the right-wing, while still doing the honorable thing.


EDIT: I see that others have said the exact same thing above.