Posted on 09/21/2015 9:36:25 PM PDT by Republican Wildcat
Oh hang it up already, would you? You got your marriage license. Take it and go away.
Federal takeover of a state and local function is what they are demanding now.
You’re way off..
Ditto. Judges all talk to each other behind the scenes and there is a pecking order. I bet Bunning let her out after some appellate judge quietly told him that he was on very shaky legal ground.
And they'll probably get it, too.
Correction: They want Kim Davis God Almighty to bow to their will.
Don’t sign Kim!
Remember that the only mechanism for Federal involvement at came in the form of a legal challenge to the Defense of Marriage Act (DOMA) by two lesbians who claimed they were suffering financial harm because the U.S. Internal Revenue Code includes provisions that benefit a married couple without providing the same benefits to two single people. So in the minds of those plaintiffs in that case, this made state marriage laws a Federal matter that put the DOMA and various state marriage laws on the wrong side of the U.S. Constitution.
Ironically, they may have been 100% correct about this from a strictly legal standpoint. But this doesn't mean the Defense of Marriage Act or any state laws that prohibited same-sex marriage were the problem here. The real problem is the Internal Revenue Code, and the U.S. Supreme Court's decision in the Obergefell case now puts the IRS in a position where it may have to legally recognize any "marriage" arrangement that a tax filer claims.
The flaw in this whole process has hereby been exposed, and I suspect Judge Bunning let Kim Davis out of jail because he doesn't want any of this to be played out in his courtroom. How can you possibly have a Federal tax agency enforcing tax filing requirements based on legal documents that are signed and authorized by state, county, and local commissioners and administrators under state laws?
This is why I have made the following two points ever since the Kim Davis case started making headlines:
1. The only legal argument Davis and her attorneys ever needed to make in this case was the following: "If it's so important in the eyes of this Federal court for the two plaintiffs in this case to have a valid Kentucky marriage license, your Honor, then you sign it." The judge's refusal to sign the marriage licenses would be an acknowledgement that he had no authority to do so, which would also be an explicit acknowledgement that a Federal court had no say in the matter.
2. The natural/inevitable result of this whole process will be for some state governments to get out of the business of recognizing marriages entirely. Other state governments that are a bit more savvy about things may go in the exact opposite direction and legislate their own statutes that recognize any relationship involving any number of partners as legally "married." At the end of the day, many states really don't give a sh!t about who wants to call themselves "married" in the eyes of the law. That's the IRS's problem, not theirs.
As best I can tell, she hasn’t done anything.
“I bet Bunning let her out after some appellate judge quietly told him that he was on very shaky legal ground”
They let her out when the “jailed for being a Christian” optic when viral. They needed time to respin the narrative to “She’s not a real Christian”.
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