Kim Davis may have invalidated marriage license forms, deputy clerk says

CNN ^ | Sep 19, 2015 | Ralph Ellis and Laura Ly

[Bigg Red]

Prayers for Kim.

[Ray76]

Source: https://www.liberty.edu/media/9980/attachments/2015/080515_Complaint_-_Davis_Third_Party_Complaint_against_Gov_Beshear_FINAL.pdf

[Ray76]

Source: https://www.liberty.edu/media/9980/attachments/2015/080515_Complaint_-_Davis_Third_Party_Complaint_against_Gov_Beshear_FINAL.pdf

[Lx]

Welcome to FR.

[Sacajaweau]

If the clerk dies, there can be no licenses issued?? Until when...the next election?

She cannot take away the right of a clergy/judge to perform a marriage. She only attests that they are able to perform marriages...and no more.

In a court of law, it will probably come down to....the statement is unnecessary to make the license valid.

[Sacajaweau]

Interesting...because Kim never signs it. One has it typed and one has her name printed. There is no call for her signature. It just says she’s the Town Clerk.

[Cboldt]

-- If the clerk dies, there can be no licenses issued? --

No single clerk is the only source. Kentuckians can go to the judge, to another county, or wait for a replacement clerk to be named or elected (however that process works).

-- She only attests that they are able to perform marriages...and no more. --

The words in part 402.100(1)(a) of the statute are "an authorizing statement ... to unite in marriage the persons named."

The attestation of the power to perform the ceremony is made by the person performing the ceremony, not by the clerk. See 402.100(2)(b) for where the person performing the ceremony makes the statement of legal qualification to perform the ceremony.

-- In a court of law, it will probably come down to....the statement is unnecessary to make the license valid. --

I believe Judge Bunning already made that decision, hence the "by order of Federal Court" language on the certificate.

[Ray76]

> If the clerk dies, there can be no licenses issued?? Until when...the next election?

Read the statutes. In particular KRS 402.240 County judge/executive to issue license in absence of clerk

The process is:

A marriage license is issued, the marriage is solemnized, the person solemnizing the marriage returns the marriage license and a marriage certificate, the certificate is filed

KRS 402.080 Marriage license required — Who may issue

KRS 402.050 Who may solemnize marriage

KRS 402.220 Return of license and certificate to clerk after ceremony

KRS 402.230 Filing of marriage certificate

[Sacajaweau]

I believe his initials are because they typed the whole thing....including where his signature should be. The initials make it valid.

[Ray76]

Do not conflate a Marriage License with a Marriage Certificate.

[Terry L Smith]

The other side of this whole thing is, wait till these sodomic mongoloids attempt to get a divorce!!

The ‘marriage license’ would be considered invalid, therefore, they are not married, therefore, they have no legal standing for a divorce, and/or who or which gets what, is a moot point, too!

[Ray76]

That image is of a valid license and certificate.

KRS 402.100(1)(c) A marriage license which provides for the entering of... The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.

The date issued is “6/16/2015”; the place issued is “the office of KIM DAVIS, ROWAN COUNTY, County Clerk, MOREHEAD, Kentucky”; the signature of the county clerk or deputy clerk issuing the license is “BRIAN MASON, DEPUTY CLERK”

KRS 402.110 Marriage license to be uniform and completely filled out. - The form of marriage license prescribed in KRS 402.100 shall be uniform throughout this state, and every license blank shall contain the identical words and figures provided in the form prescribed by that section.

[Pollster1]

A deputy for Kim Davis, [] is worried he's been issuing invalid marriage licenses, according to papers filed in federal court.

If he's issuing forms for a fake "marriage", why would he care if the forms are fakes too?

[AzNASCARfan]

If the clerk dies, there can be no licenses issued?? Until when...the next election?

That is when (by Kentucky law) the County Judge or his executive would have to issue them... Law says when she was unavailable... I assumed jail would have also made her unavailable, so wondered why the judge was not also in same trouble Kim Davis was.

[Sacajaweau]

Her deputies have the same power to issue licenses as she does. Not all clerk’s offices have deputies.