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ACLU files contempt motion against Kentucky clerk [For defying SCOTUS on same-sex marriage]
KMBC ^ | 09/01/2015

Posted on 09/01/2015 9:26:52 AM PDT by SeekAndFind

The ACLU of Kentucky filed a motion in federal court Tuesday asking a judge to hold county clerk Kim Davis in contempt of court for failing to comply with the Supreme Court and issue marriage licenses to same-sex couples.

In court papers, the ACLU lawyers note that following the Supreme Court's order late Monday night, the plaintiffs in their case went to the Rowan County Clerk's office at 8 a.m. Tuesday to obtain a marriage license.

"Unfortunately , they were again denied by a deputy clerk who asserted that no marriage licenses would be issued," the ACLU said in a statement. The lawyers argue that Davis has "violated a definite and specific order" and that the Court is left "with no choice but to hold her in contempt."

Davis, of the Rowan County Clerk's office, has refused to issue any marriage licenses since the U.S. Supreme Court decision -- Obergefell v. Hodges -- came down. She is an Apostolic Christian who says that she has a sincere religious objection to same-sex marriage. Other clerks in the state have expressed concern, but Davis is the only one turning away eligible couples.

The ACLU said they do not compel her compliance through incarceration, but instead they urge the court to impose financial penalties "sufficiently serious" to compel her immediate compliance without further delay.

The lawyers also ask the judge to "state unambiguoulsy" that his original injunction applies to marriage licenses for all couples, not just the plaintiffs in the case.

The Supreme Court on Monday night denied an emergency application from Davis who has been refusing to issue marriage licenses because of her religious objections.

(Excerpt) Read more at kmbc.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Kentucky
KEYWORDS: aclu; gaymarriage; homosexualagenda; kentucky; samesexmarriage
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1 posted on 09/01/2015 9:26:52 AM PDT by SeekAndFind
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To: SeekAndFind
She's not issuing marriage licenses to anyone. I can't see why that's a problem.
2 posted on 09/01/2015 9:30:20 AM PDT by TBP (Obama lies, Granny dies.)
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To: SeekAndFind

One either lives one’s faith, or one doesn’t.

God Bless Kim Davis.


3 posted on 09/01/2015 9:31:20 AM PDT by onedoug
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To: SeekAndFind

What about the people who want to marry their dog?


4 posted on 09/01/2015 9:31:30 AM PDT by Paladin2 (Ive given up on aphostrophys and spell chek on my current device...)
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To: TBP

Yes, so the Federal “equal protection” argument doesn’t apply. So this is purely an issue of her functions as a state official. The Federal court does not have jurisdiction over this matter - it should have been dismissed by the judge with instruction that if they want an order for her to perform a state function, they need to file it in state court. However, as you can see, that is not what happened.


5 posted on 09/01/2015 9:34:35 AM PDT by Republican Wildcat
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Moreover, I’m not sure her attorneys even made that argument.


6 posted on 09/01/2015 9:35:33 AM PDT by Republican Wildcat
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To: SeekAndFind

Is this the only clerk in Kentucky who can issue marriage licenses? If not, seems to me the gays could get one at one of the clerks who’d be more than happy to issue it to them. If they don’t do that, I’m presuming that this is another “Bake the cake” scenario.


7 posted on 09/01/2015 9:35:34 AM PDT by Personal Responsibility (Trump campaign ad: Trump, in his Apprentice chair, saying "America, you're hired")
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To: SeekAndFind

Did the entire Supreme Court deny her appeal or was it just Kagan? I haven’t seen that posted anywhere (although I haven’t done a ton of searching).


8 posted on 09/01/2015 9:39:24 AM PDT by davandbar
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To: SeekAndFind

Can we force feed pork to Muslims?
Or make Hindus to kill cows?

ACLU: Trampling all over the first amendment to favor a contrived ruling.


9 posted on 09/01/2015 9:40:47 AM PDT by kidd
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To: SeekAndFind

She is complying with Kentucky law.

Shall the United States Supreme Court commandeer the Kentucky Legislature and order them to write a law?


10 posted on 09/01/2015 9:42:38 AM PDT by Ray76 (When a gov't leads it's people down a path of destruction resistance is not only a right but a duty.)
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To: kidd

When is the ACLU going to file against sanctuary cities for scoffing at federal law by openly allowing illegal aliens to reside there?


11 posted on 09/01/2015 9:43:13 AM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: Personal Responsibility

Of course they could.


12 posted on 09/01/2015 9:43:17 AM PDT by Ray76 (When a gov't leads it's people down a path of destruction resistance is not only a right but a duty.)
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To: TBP

If you work as a waiter and you refuse to serve food to ANYONE, would that be a problem?


13 posted on 09/01/2015 9:46:19 AM PDT by rickyrikardo
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To: Ray76

Which law is that?


14 posted on 09/01/2015 9:47:04 AM PDT by rickyrikardo
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To: SeekAndFind

It’s time for a militia to form to protect this brave woman from a totalitarian government.


15 posted on 09/01/2015 9:48:12 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: SeekAndFind

“The ACLU said they do not compel her compliance through incarceration”

The image of a Christian being hauled off to prison in handcuffs is the last thing the ACLU wants.


16 posted on 09/01/2015 9:49:39 AM PDT by kidd
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To: Ray76

That’s another point I’m not sure her attorneys made - there is no valid law on the books for issuing licenses to anyone in this state as they were declared unconstitutional. Therefore, no licenses can be issued until and unless the laws are re-written to comply with the SCOTUS ruling. That has not occurred.


17 posted on 09/01/2015 9:50:28 AM PDT by Republican Wildcat
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To: Republican Wildcat

State courts have essentially been disbanded and nullified under the new federal totalitarianism.


18 posted on 09/01/2015 9:50:42 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: SeekAndFind

Refuse to comply with perversion.


19 posted on 09/01/2015 9:53:07 AM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: rickyrikardo

Ky. Rev. Stat. 402.020(1)(d) Marriage between members of the same sex is prohibited and void

http://www.lrc.ky.gov/statutes/statute.aspx?id=36466


20 posted on 09/01/2015 9:53:27 AM PDT by Ray76 (When a gov't leads it's people down a path of destruction resistance is not only a right but a duty.)
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