Posted on 09/07/2015 7:26:19 PM PDT by Republican Wildcat
LOUISVILLE, KY (WAVE) - A defiant county clerk in Kentucky is willing to stay in jail for her beliefs, but she would prefer to be a free woman.
Attorneys for Rowan County Clerk Kim Davis have officially appealed a judge's decision to put her in jail for refusing to issue marriage licenses to same-sex couples. The three-page motion doesn't include arguments as to why Davis should be released but amends Davis' earlier appeal of the judge's order.
Davis objects to same-sex marriage for religious reasons. U.S. District Judge David Bunning ordered her to issue the licenses and the U.S. Supreme Court upheld his order.
[RELATED: Kentucky clerk appeals order putting her in jail]
But Davis still refused to do it, saying she could not betray her conscience. Bunning then put her in jail for refusing to obey his order.
On Monday, Attorney General Jack Conway, who is also running for Kentucky Governor, said he has sympathy for the Rowan County Clerk.
"She's obviously in a heartfelt position right now," said Conway. "She is not in jail for religious beliefs, she's in jail because she defied a federal judge's court order. We are a nation of laws and the rule of law has to prevail."
U.S. District Judge David Bunning said Davis would remain behind bars until she complies. Her deputy clerks started issuing marriage licenses to gay couples on Friday. Davis' lawyers say the marriage licenses issued in her absence are not valid without her signature.
[RELATED: Beshear, Bevin among those sounding off on clerk controversy]
(Excerpt) Read more at wave3.com ...
it would appear that God’s will is that she be in jail
Conway’s in a deliciously bad position here.
He’s running for Governor. If he indicts her, which he can, he loses the rural Conservative vote he needs to win.
If he defends her, which he can as well,, he loses the Louisville/Lexington Progressive vote he needs to win.
He’s walking a political tightrope, and it’s fascinating to watch.
What? As an elected official, she isn't there to just perform a duty, but also as a representative for the community which elected her. If the community was unhappy with how she performed her duties, they petit I n for a recall, or simply elect someone else. In this particular instance, there is no outrage from the public that elected her.
The freedom of religion is clearly recognized, not granted, in the 1st amendment. It does not include any caveats or exceptions that I am aware of, nor does it state that one must ignore their beliefs if serving in some official capcity.
Actually she’s in jail for contempt of court. The law says she doesn’t have to issue gay marriage license as long as they can be issued in a neighboring county.
Actually the government is the one under obligation here.
Every job or position I have held required reasonable accommodation provisions...
I was watching the local news and Conway looks scared to me. I think he realizes the position you describe. You live by the sword...
‘and the free exercise there of’
hmmm....that is not sounding like the limitation you want to put in place... I don’t see anywhere where it says because they are an elected official, own a business, bake cakes, appointed staff, or are a CEO of a company.
Does the 14th amendment trump the 1st Amendment, just because a cultural norm changes?
On Monday, Attorney General Jack Conway, who is also running for Kentucky Governor, said he has sympathy for the Rowan County Clerk.
“She’s obviously in a heartfelt position right now,” said Conway. “She is not in jail for religious beliefs, she’s in jail because she defied a federal judge’s court order. We are a nation of laws and the rule of law has to prevail.”
Appeal Filed in Kim Davis’s Contempt Ruling
http://www.nytimes.com/interactive/2015/09/06/us/document-kim-davis-federal-appeal.html?_r=0
“She holds the key to her jail cell: Resign her office, and the jail cell door opens and she walks out a free woman.”
Yes, she could walk out of that cell a free woman if she’d just give up her government job that requires her to perform an act and sign her name to an act she believes is against the laws of the Creator. She believes it is an act that will condemn her to an eternity of suffering, meted out in a much higher court than the Supreme Court of the United States. Why, she could start her own business in which she could serve whomever she chose....oh wait! No she couldn’t! Kim Davis is in jail but no more than all of us Christians here in this country since our government turned into a dictatorship. And the tyrants are far from finished with our cell. It gets smaller and more confining every day.
What law has she broken?
He could be, if he wasn’t the DEMOCRAT nominee for Governor.
Here’s the the thing, she could be indicted and charged under a couple different KY statutes with not doing her job.
Probably wouldn’t be convicted - at the very least jury nullification would come into play - but as state Attorney General Conway (Democrat, running for Governor) could do that sort of thing.
Which should be pointed out, particularly to Progressives. Their own Democrats here in KY don’t want to touch this.
Since the judge issuing the writ would be the judge who ordered her jailed then I doubt habeas corpus applies here.
That judge had no authority over a sovereign elected official. ZERO.
We may agree that he shouldn't have jailed her but he did have the authority to do so.
She wins EASY!!
Wins what?
That would be Thomas Jefferson: "If a law is unjust, a man is not only right to disobey it, he is obligated to do so."
Yup, Conway is scared and should be. Nothing is more likely to put Matt Bevins into the Governorship than this issue.
The Democrat Speaker of the Dem-majority State Legislature is scared to, is pushing really hard for a Special Session to put in protections for Christian officeholders.
What goes unsaid is that that same Dem Majority could impeach her, and force a Senate removal trial. If they weren’t too scared about losing their majority to do so.
“The law is undeniable, which is why the SCOTUS ruled as it did: The Fourteenth Amendment prohibits the States from denying the equal protection (or benefit) of the State’s laws to all residents of the State. The Amendment was clearly ratified in order to prevent the Southern States from granting privileges to one group that they denied to others, and from protecting one group but not protecting another. And that’s precisely what offering the legal benefits of marriage to one group but not to another does: It offers benefits to one group, but not to another, and gives legal protection to one group, but not to another.”
Have you ever asked yourself how a small percentage of the American population with a certain sexual preference, that has been considered contrary to nature since time began, ever won the title of a legitimate “minority group.”? They claim that they were “born that way” and that is what gives them the right to claim the same rights as straight people.
Has it ever occurred to you that, since the portal of nature’s law has been breached by a group of Supreme Court Justices; that there will be little or no platform to deny those same rights to those who practice bestiality, necrophilia, pedophilia or any of the other vile sexual practices of mentally deranged? After all, they can make the claim that they were “created” that way too and that their clique shouldn’t be discriminated against either.
The Supreme Court of the United States, with its LGBT ruling, rather than advance our society, has laid the groundwork for its destruction. No man made law can override those of The Almighty. The consequences and punishments for trying to do so will be swift in coming.
She’s getting an enormous amount of support, and I’d argue that she doesn’t need “help”
She’s in jail. Where she’s probably continuing the religious outreach and bible studies classes she held there anyways. She’s not being fined, her pay probably isn’t being docked and while being in jail certainly isn’t the preferred outcome or a pleasant one being subjected to financially ruinous fines (as the Progressives really wanted) would be much worse.
In the meantime Progressives are now on the defensive trying to make the case that she isn’t a martyr and that they really didn’t want her jailed. The KY Dems are scared to death over this being a third-rail issue for the big statewide elections in two months.
Again, as regrettable as her situation is, it could be a lot worse. AND it’s working to the advantage of her beliefs and cause.
Hope you’re right. Hard to gauge public sentiment on this one, especially since the media’s job is to make sure the public wants her dead.
No one is speaking up.
___
In 1973 the black-robed supremes declared that killing babies is okay. Their latest edict pales in comparison.
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