KY County Clerk could be held in contempt of court for refusing to issue marriage licenses

[columbus]

Also, I'm not a Christian, my beliefs are Judais

This is doubtless why you are unfamiliar with chapter 10 of the Gospel of Mark. Jesus specifically ended Mosaic law about divorce and replaced it with a much more restricted version. Remarrying under most circumstances is described as adultery in no uncertain terms.
By God Himself!
Tom

 

[suncowiam]

Although I detest the woman, I have to bring up the point that she has said she did not become a Christian until 2011, three years after her last divorce.

This brings up another subject concerning repentance or born again in religion. It's like a reset button and absolves a persons past. I don't get this. So believing in God fixes hypocrisy?

Here is an article disucssing her past.

http://www.dailymail.co.uk/news/art...is-married-FOUR-times-gave-birth-wedlock.html

It actually states that she had sex and had twins out of wedlock with her first husband.

Ok, all is forgiven, if I ask Jesus for forgiveness? Now I can start throwing rocks at other people and force them to God's door steps. Is that seriously how this works?

 

[Yorutenchi]

From what it is I can tell it seems like there is a problem or hole in the government on how to remove her from office? The judicial branch of the state has to take action against her but refuse to? Is there a law against them also not doing their jobs?

 

[Jainarayan]

From what it is I can tell it seems like there is a problem or hole in the government on how to remove her from office? The judicial branch of the state has to take action against her but refuse to? Is there a law against them also not doing their jobs?

She was elected to her position. Elected officials can't be fired. Her incarceration is not punitive, it's coercive. Not unlike when a reporter refuses to divulge a news source. They can be held in jail indefinitely, until they Comply with the judges order and reveal the source. Their choice to comply or rot in jail.

 

[suncowiam]

From what it is I can tell it seems like there is a problem or hole in the government on how to remove her from office? The judicial branch of the state has to take action against her but refuse to? Is there a law against them also not doing their jobs?

She can be impeached by the governer. However, it's a political soap opera as the governer needs his popular conservative votes for the next term.

 

[Skwim]

From what it is I can tell it seems like there is a problem or hole in the government on how to remove her from office? The judicial branch of the state has to take action against her but refuse to? Is there a law against them also not doing their jobs?

The court doesn't have the power to remove her. The only entity that does is the State Legislature through impeachment, but its The General Assembly doesn't convene for four months.

 

[InChrist]

I don't think Kim Davis has done anything illegal and been wrongly imprisoned. According to Kentucky state law marriage is between a one man and one woman, so she was adhering to the law of the sate and her own religious beliefs. The Supreme Court may have made a ruling concerning the marriage of homosexuals, but the Court has no authority to make laws. Only Congress can make laws of the land, so Kim Davis was breaking no law. Also, from what I understand there are others in the county clerk's office who were willing to issue and sign their name to same-sex marriage licenses, but because she felt bound to her belief and did not want to sign her name on a same-sex license her religious freedom has become a target of activists who cannot tolerate any other view on homosexual marriage besides complete and forced acceptance..

 

[Yorutenchi]

She was elected to her position. Elected officials can't be fired. Her incarceration is not punitive, it's coercive. Not unlike when a reporter refuses to divulge a news source. They can be held in jail indefinitely, until they Comply with the judges order and reveal the source. Their choice to comply or rot in jail.

She can be impeached by the governer. However, it's a political soap opera as the governer needs his popular conservative votes for the next term.

The court doesn't have the power to remove her. The only entity that does is the State Legislature through impeachment, but its The General Assembly doesn't convene for four months.

This is a hole in the law yes? This is not normally how it would have to go? If it had been any other position such as a mayor or governor?

 

[InChrist]

The prior marriages/divorces of Kim Davis took place before she placed her faith in Jesus Christ and was born again, according to her testimony. I see no hypocrisy on her part. She is now a new creation if she has sincerely believed in Christ for forgiveness and salvation. Her past is forgiven. It would be a different story if her divorces had taken place after she had become a Christian, but that does not appear to be the case.

 

[The Emperor of Mankind]

Although I detest the woman, I have to bring up the point that she has said she did not become a Christian until 2011, three years after her last divorce.

That doesn't matter. When converting she'd be applying Christian beliefs to her actions retroactively (hence seeking repentance for all sins - past and future). If she had done that consistently she'd have recognised that her latest marriage was a sin because divorce is also a sin.

And while that in itself doesn't add any weight to the arguments against her, it does show her up as the massive hypocrite she is on the subject.

 

[Jainarayan]

This is a hole in the law yes? This is not normally how it would have to go? If it had been any other position such as a mayor or governor?

It works the same way for any elected official. There is no hole in the law. Kim Davis is not being singled out for persecution or depriving her of her rights. I'm sure she's exercising her religous freedom now by praying in jail. So where is her freedom of religion being infringed? She's getting what she deserves.

 

[Jainarayan]

The prior marriages/divorces of Kim Davis took place before she placed her faith in Jesus Christ and was born again, according to her testimony. I see no hypocrisy on her part. She is now a new creation if she has sincerely believed in Christ for forgiveness and salvation. Her past is forgiven. It would be a different story if her divorces had taken place after she had become a Christian, but that does not appear to be the case.

I actually don't have a problem with her personal life. I would be more inclined to just roll my eyes or smh at Kim Davis if she said "I'm sorry but my religious beliefs will not allow me to issue a license but I will have one of my assistants do it". But noooooo she wanted to exercise HER control over the whole affair. She behaved like a petulant child. That's the problem, and she's rightly getting her hiney warmed.

 

[columbus]

I don't think Kim Davis has done anything illegal and been wrongly imprisoned. According to Kentucky state law marriage is between a one man and one woman, so she was adhering to the law of the sate and her own religious beliefs.

You are missing the entire point of the Supreme Court ruling. It overturned all such laws, federal and state and local.
Ms Davis is breaking the law in Kentucky. She can't quite be held accountable due to being an elected official. But she can be jailed for contempt of court. That is the way the system works.
She cannot legally impose her personal religious beliefs on other people when the law contradicts them.
Tom

 

[Yorutenchi]

It works the same way for any elected official. There is no hole in the law. Kim Davis is not being singled out for persecution or depriving her of her rights. I'm sure she's exercising her religous freedom now by praying in jail. So where is her freedom of religion being infringed? She's getting what she deserves.

No. I mean there should be a way to quickly remove her from office. Why is there no quick way to remove her from office? Being held in contempt is good but she is still on the position. And I read that the certificates may or may not be valid because of this.

 

[Yorutenchi]

I don't think Kim Davis has done anything illegal and been wrongly imprisoned. According to Kentucky state law marriage is between a one man and one woman, so she was adhering to the law of the sate and her own religious beliefs. The Supreme Court may have made a ruling concerning the marriage of homosexuals, but the Court has no authority to make laws. Only Congress can make laws of the land, so Kim Davis was breaking no law. Also, from what I understand there are others in the county clerk's office who were willing to issue and sign their name to same-sex marriage licenses, but because she felt bound to her belief and did not want to sign her name on a same-sex license her religious freedom has become a target of activists who cannot tolerate any other view on homosexual marriage besides complete and forced acceptance..

And the Supreme Court has acknowledged that it is through the laws of Congress and the constitution that their rights cannot be infringed upon.

I also do not see any part of her religion that has to do with her job. She does not have to have sex with women to do her job.

 

[Jainarayan]

You are missing the entire point of the Supreme Court ruling. It overturned all such laws, federal and state and local.
Ms Davis is breaking the law in Kentucky. She can't quite be held accountable due to being an elected official. But she can be jailed for contempt of court. That is the way the system works.
She cannot legally impose her personal religious beliefs on other people when the law contradicts them.
Tom

And before anyone jumps in with "legislating from the bench" silliness, the SCOTUS decision was based on the 14th Amendment of the US Constitution, which trumps all other federal, state and local laws. The Constitution is supreme.

 

[columbus]

No. I mean there should be a way to quickly remove her from office. Why is there no quick way to remove her from office? Being held in contempt is good but she is still on the position. And I read that the certificates may or may not be valid because of this.

Because removing her from office is overturning a free and fair election. That is a big effing deal here in this country. Without such protection every government official would be constantly under the gun from any higher up who didn't like them.
Tom

 

[Jainarayan]

No. I mean there should be a way to quickly remove her from office. Why is there no quick way to remove her from office? Being held in contempt is good but she is still on the position. And I read that the certificates may or may not be valid because of this.

The wheels of justice turn slowly. As much as I'm coming to despise the wretch she does have a right to due process. Ironically she gets that right from what she denied to others.

 

[Skwim]

This is a hole in the law yes? This is not normally how it would have to go? If it had been any other position such as a mayor or governor?

Not at all sure about Kentucky law. All I know is that in this case it's the only reasonable route.

That doesn't matter. When converting she'd be applying Christian beliefs to her actions retroactively (hence seeking repentance for all sins - past and future). If she had done that consistently she'd have recognised that her latest marriage was a sin because divorce is also a sin.

So, is there some way she could undo her divorces and marriages? If not, what you say is moot.

 

[columbus]

So, is there some way she could undo her divorces and marriages? I

Yes.
She could go back to her first husband. Then apply to the RCC for annulment of the other ones. She'll have to express contrition for the sins of course. And pay an ecclesiastical lawyer of course. And wait until the Vatican gets around to her case for judgement of course.
Or she could just rely on the secular laws of the USA about divorce.

Hmmmmm....
I wonder if mere secular laws are good enough for her divorces. I bet she thinks that they are.
Tom