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NFT: Kentucky Clerk Denies Same Sex MarriageLicense Defying Court

gidiefor : Mod : 9/1/2015 12:29 pm
Oh Boy Is this going to get nasty!
NYT article linked below
Link - ( New Window )
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Don't these people have to scope of understanding  
Sonic Youth : 9/1/2015 12:30 pm : link
to figure out that they are going down on the wrong side of history here?
So much for the idea  
Modus Operandi : 9/1/2015 12:32 pm : link
That the gays would impose their beliefs on the various houses of worship.
History is irrelevant...  
Bill L : 9/1/2015 12:33 pm : link
she's employed and it's her work function.

I don't agree with her view, but I can respect that she has one and I think that she is welcome to her beliefs. But then she needs to quit.
RE: History is irrelevant...  
Sonic Youth : 9/1/2015 12:35 pm : link
In comment 12446735 Bill L said:
Quote:
she's employed and it's her work function.

I don't agree with her view, but I can respect that she has one and I think that she is welcome to her beliefs. But then she needs to quit.

What I said wasn't an argument about whether or not she should be denying the licenses. There isn't an argument there.

I was posing a more general question about understanding where one's actions fit amongst society. But then again, probably everyone in her life is homophobic and/or against gay rights, so I guess it's tough to have a broad perspective when you're living amongst your own little bubble/community.
They should just fire her for not performing the duties of her job  
speedywheels : 9/1/2015 12:36 pm : link
She has every right to refuse to do something based on her religious beliefs, but that doesn't mean she gets to keep her job if she refuses to do something legally required.....
RE: RE: History is irrelevant...  
Bill L : 9/1/2015 12:38 pm : link
In comment 12446738 Sonic Youth said:
Quote:
In comment 12446735 Bill L said:


Quote:


she's employed and it's her work function.

I don't agree with her view, but I can respect that she has one and I think that she is welcome to her beliefs. But then she needs to quit.


What I said wasn't an argument about whether or not she should be denying the licenses. There isn't an argument there.

I was posing a more general question about understanding where one's actions fit amongst society. But then again, probably everyone in her life is homophobic and/or against gay rights, so I guess it's tough to have a broad perspective when you're living amongst your own little bubble/community.

That's an interesting question because I would argue that she and her community have the same rights to do and believe and hang together as the gay community or any other community. But all that is superseded by the law. I think it's great that she has principles but if she truly had them, then she needs to find a new line of work. Failing that, she has to fulfill her job requirements.
She probably didnt see this coming  
Headhunter : 9/1/2015 12:40 pm : link
it must have caught her by surprise, it's not like she had time to plan this.
RE: They should just fire her for not performing the duties of her job  
Sarasota-Phil : 9/1/2015 12:40 pm : link
In comment 12446744 speedywheels said:
Quote:
She has every right to refuse to do something based on her religious beliefs, but that doesn't mean she gets to keep her job if she refuses to do something legally required.....


Exactly. She isn't doing her job so she needs to lose it. If they want to keep her then she should be held in contempt and fined or jailed. Whether she agrees with the law is irrelevant, her job is to issue a marriage license to those who meet the legal requirements not biblical requirements.
She's an elected official so, can't be fired.  
BeerFridge : 9/1/2015 12:41 pm : link
She'll make a sweet jailhouse martyr for her cause, though.
the problem with firing her  
gidiefor : Mod : 9/1/2015 12:42 pm : link
is that she is an elected official
RE: RE: RE: History is irrelevant...  
Modus Operandi : 9/1/2015 12:43 pm : link
In comment 12446750 Bill L said:
Quote:
In comment 12446738 Sonic Youth said:


Quote:


In comment 12446735 Bill L said:


Quote:


she's employed and it's her work function.

I don't agree with her view, but I can respect that she has one and I think that she is welcome to her beliefs. But then she needs to quit.


What I said wasn't an argument about whether or not she should be denying the licenses. There isn't an argument there.

I was posing a more general question about understanding where one's actions fit amongst society. But then again, probably everyone in her life is homophobic and/or against gay rights, so I guess it's tough to have a broad perspective when you're living amongst your own little bubble/community.


That's an interesting question because I would argue that she and her community have the same rights to do and believe and hang together as the gay community or any other community. But all that is superseded by the law. I think it's great that she has principles but if she truly had them, then she needs to find a new line of work. Failing that, she has to fulfill her job requirements.


How likely do you think it is that she takes this principled stand and quits her job?

I think a more likely scenerio is a GD circus, with morons filing petions with the governors office to reinstate her. Fair and balanced inverviews on Fox News championing her bravery in standing up to a tyrannical and hedonistic government. You get the picture.



There's nothing brave or principled here.
But one side is denying something  
Randy in CT : 9/1/2015 12:43 pm : link
that the other side has legal right to.

Wah, poor straight people can't understand the bible and choose to ignore the law.

We have enough of them here alone as examples.
Trump found his future  
Headhunter : 9/1/2015 12:43 pm : link
running mate
can't be fired  
Loluchka80 : 9/1/2015 12:45 pm : link
but she can be arrested
RE: She's an elected official so, can't be fired.  
Chris in Philly : 9/1/2015 12:45 pm : link
In comment 12446764 BeerFridge said:
Quote:
She'll make a sweet jailhouse martyr for her cause, though.


And the she falls for Big Bertha that she's sharing a cell with. This shit writes itself!
Who do we fire for ignoring Immigration laws...  
BamaBlue : 9/1/2015 12:45 pm : link
how about some consistency?
RE: Who do we fire for ignoring Immigration laws...  
Modus Operandi : 9/1/2015 12:46 pm : link
In comment 12446781 BamaBlue said:
Quote:
how about some consistency?


How about not conflating two separate issues?
RE: Who do we fire for ignoring Immigration laws...  
Bill L : 9/1/2015 12:47 pm : link
In comment 12446781 BamaBlue said:
Quote:
how about some consistency?

I actually think that you have a point there as well. The law is the law.
These are not two issues...  
BamaBlue : 9/1/2015 12:48 pm : link
this is about the rule of law. When a clerk with an attitude, or POTUS decides to disobey the law, this is what you get... obey the laws you like instead of changing the law.
RE: RE: Who do we fire for ignoring Immigration laws...  
Modus Operandi : 9/1/2015 12:48 pm : link
In comment 12446787 Bill L said:
Quote:
In comment 12446781 BamaBlue said:


Quote:


how about some consistency?


I actually think that you have a point there as well. The law is the law.


Not really. Federal agencies and and municipalities choose to ignore laws that they deem archaic all the time.
I will give her this much:  
81_Great_Dane : 9/1/2015 12:49 pm : link
She doesn't want to discriminate against gay couples, so she is not issuing any marriage licenses at all. (At least, I heard a radio report to that effect.)

I know this is a big thing right now, but I don't get it. If she thinks same-sex marriage is a sin, she shouldn't marry a woman. Lots of people commit lots of sins, it's not her job to prevent people from sinning, it's her job to issue marriage licenses to people who legally qualify for them.
Perhaps she should be wearing one of these.  
MOOPS : 9/1/2015 12:50 pm : link
She has the right to her own beliefs....  
njm : 9/1/2015 12:50 pm : link
but not her own law.

I am unfamiliar with Kentucky laws, but this would be easily solved if someone else in that office had the authority to issue the licenses. What happens when she goes on vacation and a heterosexual couple comes into the office and wants a license?
RE: These are not two issues...  
schabadoo : 9/1/2015 12:50 pm : link
In comment 12446792 BamaBlue said:
Quote:
this is about the rule of law. When a clerk with an attitude, or POTUS decides to disobey the law, this is what you get... obey the laws you like instead of changing the law.


Would someone please think of the children?
Hopefully the punishment is meaningful.  
Pete in MD : 9/1/2015 12:50 pm : link
Quote:
An attorney says the Kentucky clerk who won't issue marriage licenses and all her deputy clerks have been called for a federal court hearing Thursday morning.

Rowan County Attorney Cecil Watkins says the federal court alerted him that a hearing is scheduled for 11 a.m. Thursday in Ashland.

Watkins says clerk Kim Davis is summonsed to attend, along with all the deputy clerks who work in her office.
The hypocrisy  
Randy in CT : 9/1/2015 12:51 pm : link
is just deafening regarding gay marriage. 40- 50% of married straight people get divorced in this country. The catholic religion is very straightforward about that--unless you choose to ignore it. You know, for your own purposes.
RE: RE: Who do we fire for ignoring Immigration laws...  
njm : 9/1/2015 12:52 pm : link
In comment 12446787 Bill L said:
Quote:
In comment 12446781 BamaBlue said:


Quote:


how about some consistency?


I actually think that you have a point there as well. The law is the law.


Isn't that currently being litigated?
RE: So much for the idea  
Fred in Atlanta : 9/1/2015 12:53 pm : link
In comment 12446729 Modus Operandi said:
Quote:
That the gays would impose their beliefs on the various houses of worship.


This is more like a government authority forcing their beliefs on other people. Would you also agree if she refused to give marriage licenses to people who were divorced? Some churches believe that divorced people should not marry again.
Ignorance of the First Amendment extends well beyond BBI  
Rob in CT/NYC : 9/1/2015 12:53 pm : link
A fellow Kentucky clerk, Casey Davis, who has protested alongside Ms. Davis, insisted Tuesday that “we’ve not tried to prevent,” same-sex marriages, “we’ve only tried to exercise our First Amendment rights.”

And I don't see the argument about standing up for her beliefs - at their core, her belief is discriminatory and hateful - what is the honor is standing up for that?
RE: The hypocrisy  
njm : 9/1/2015 12:54 pm : link
In comment 12446810 Randy in CT said:
Quote:
is just deafening regarding gay marriage. 40- 50% of married straight people get divorced in this country. The catholic religion is very straightforward about that--unless you choose to ignore it. You know, for your own purposes.


I'm not Catholic, but IIRC the Catholic Church will not perform marriages for people who have been divorced. Some will not even give communion.
RE: RE: So much for the idea  
Modus Operandi : 9/1/2015 12:54 pm : link
In comment 12446815 Fred in Atlanta said:
Quote:
In comment 12446729 Modus Operandi said:


Quote:


That the gays would impose their beliefs on the various houses of worship.



This is more like a government authority forcing their beliefs on other people. Would you also agree if she refused to give marriage licenses to people who were divorced? Some churches believe that divorced people should not marry again.


I couldnt care less. What a given church believes or doesn't believe is immaterial to law.
RE: Who do we fire for ignoring Immigration laws...  
BeerFridge : 9/1/2015 12:56 pm : link
In comment 12446781 BamaBlue said:
Quote:
how about some consistency?


RE: RE: The hypocrisy  
Rob in CT/NYC : 9/1/2015 12:58 pm : link
In comment 12446819 njm said:
Quote:
In comment 12446810 Randy in CT said:


Quote:


is just deafening regarding gay marriage. 40- 50% of married straight people get divorced in this country. The catholic religion is very straightforward about that--unless you choose to ignore it. You know, for your own purposes.



I'm not Catholic, but IIRC the Catholic Church will not perform marriages for people who have been divorced. Some will not even give communion.


Fun fact - the right Church will allow you to "pay" for an annulment, even in the case of a multi-year marriage with children.
RE: These are not two issues...  
Mr. Bungle : 9/1/2015 12:58 pm : link
In comment 12446792 BamaBlue said:
Quote:
this is about the rule of law. When a clerk with an attitude, or POTUS decides to disobey the law, this is what you get... obey the laws you like instead of changing the law.

You're just so way off, here. This is a case of two people going to a government office and being denied a license to which they have a right because the office's clerk objects to the law on religious grounds.

Your contorting it into some Obama criticism is absurd and pretty pathetic. No one is going to Obama and asking him to provide him or her with a rightful entitlement, with Obama refusing it based on a religious objection.

Come on. Think a little.
Beer Fridge...  
BamaBlue : 9/1/2015 12:58 pm : link
Once again, your intellect and critical thinking skills provide great insight.
RE: RE: She's an elected official so, can't be fired.  
BeerFridge : 9/1/2015 12:59 pm : link
In comment 12446779 Chris in Philly said:
Quote:
In comment 12446764 BeerFridge said:


Quote:


She'll make a sweet jailhouse martyr for her cause, though.



And the she falls for Big Bertha that she's sharing a cell with. This shit writes itself!


And then when she gets out, they secretly vacation together. Pretending to fish, but really longing for the days of herding sheep on the mountain.
Mr. Bungle...  
BamaBlue : 9/1/2015 1:03 pm : link
You are the one contorting the issue of the rule of law. Emotion about the efficacy of law is not a reason to apply it when you 'believe' it's right or wrong. Just because you think a written immigration law is arcane doesn't excuse ignoring it. My point is that this clerk isn't doing her job by ignoring her duty and the law... same for the Federal Government willfully ignoring immigration laws.
RE: RE: Who do we fire for ignoring Immigration laws...  
Bill L : 9/1/2015 1:03 pm : link
In comment 12446827 BeerFridge said:
Quote:
In comment 12446781 BamaBlue said:


Quote:


how about some consistency?



WHy is it apples and oranges? Why are you entitled to flout the law sometimes when it suits you and not others? Bear in mind that I think the clerk is completely in the wrong. But this side question intrigues me.
RE: RE: RE: Who do we fire for ignoring Immigration laws...  
Modus Operandi : 9/1/2015 1:05 pm : link
In comment 12446847 Bill L said:
Quote:
In comment 12446827 BeerFridge said:


Quote:


In comment 12446781 BamaBlue said:


Quote:


how about some consistency?





WHy is it apples and oranges? Why are you entitled to flout the law sometimes when it suits you and not others? Bear in mind that I think the clerk is completely in the wrong. But this side question intrigues me.


It happens all the time.
If she wants to speak on faith/current events  
Mike in NY : 9/1/2015 1:07 pm : link
she should become a Pastor. However, as an elected Clerk she has a duty to enforce the law, even if she disagrees with it. Nobody forced her to become the Clerk and the law puts the requirement to issue on marriage licenses to whomever holds the office. It is not like the law says Mrs. Davis has to sign the marriage licenses but no other Clerk is required to.
Bill...  
BamaBlue : 9/1/2015 1:10 pm : link
It's 'apples and oranges' when people who replace the rule of law with their interperation of justice (and good vibes). Anyone who disagrees is stupid, bigoted, homophobic, etc.
What if her god told her  
Deej : 9/1/2015 1:14 pm : link
that only Christians can marry? Or that blacks and whites shouldnt be allowed to marry?
RE: If she wants to speak on faith/current events  
Dunedin81 : 9/1/2015 1:14 pm : link
In comment 12446858 Mike in NY said:
Quote:
she should become a Pastor. However, as an elected Clerk she has a duty to enforce the law, even if she disagrees with it. Nobody forced her to become the Clerk and the law puts the requirement to issue on marriage licenses to whomever holds the office. It is not like the law says Mrs. Davis has to sign the marriage licenses but no other Clerk is required to.


Yeah this. I respect her conscience even though I disagree with the conclusions to which it leads her. But if you find your conscience incompatible with what you're asked to do as part of a job you took and maintain voluntarily, you need to stop doing it. It is all well and good, in many cases admirable, that you conscientiously object to the duties of being a soldier, but you should not have signed on in the first place and if the duties or your conscience changed in the meantime such that you can no longer perform those duties America is not obligated to continue to cut you a check to do only those duties that comport with your moral compass.
RE: RE: RE: The hypocrisy  
BMac : 9/1/2015 1:15 pm : link
In comment 12446830 Rob in CT/NYC said:
Quote:
In comment 12446819 njm said:


Quote:


In comment 12446810 Randy in CT said:


Quote:


is just deafening regarding gay marriage. 40- 50% of married straight people get divorced in this country. The catholic religion is very straightforward about that--unless you choose to ignore it. You know, for your own purposes.



I'm not Catholic, but IIRC the Catholic Church will not perform marriages for people who have been divorced. Some will not even give communion.



Fun fact - the right Church will allow you to "pay" for an annulment, even in the case of a multi-year marriage with children.


They were (maybe still are) called "indulgences."
Fun fact  
Headhunter : 9/1/2015 1:18 pm : link
you can buy a "Get" or you can get the shit kicked out of you trying to get a "Get"
She has ever right to her beliefs, but shes an elected official  
Ben in Tampa : 9/1/2015 1:27 pm : link
and has no right to ignore the law. If she doesn't like it, she needs to quit.

She can find a job in the private sector where she can exercise her beliefs to her hearts content.
RE: RE: RE: Who do we fire for ignoring Immigration laws...  
BeerFridge : 9/1/2015 1:27 pm : link
In comment 12446847 Bill L said:
Quote:
In comment 12446827 BeerFridge said:


Quote:


In comment 12446781 BamaBlue said:


Quote:


how about some consistency?





WHy is it apples and oranges? Why are you entitled to flout the law sometimes when it suits you and not others? Bear in mind that I think the clerk is completely in the wrong. But this side question intrigues me.


The main difference is that Presidents, historically, have had lots of leeway to set "prosecutorial priority" and regulations and policy that further specifies what to do in interpreting the gaps in the law. Obama's immigration changes are, in theory, being made in agreement with that precedent. Reagan and Bush 1 have done things that are at least similar on face value. The courts will figure out if Obama has gone too far, as I think that stuff will be challenged. This is an orange.

This lady is a county clerk. She's not been given, nor have holders of her office been given, authority to make any changes to how she discharges her duties. The legality of her requested change has been completely settled, including the Supremes saying, "not interested". This is an apple.

Now, I will admit that if the courts agree with those who say that Obama has exceeded the precedents of his office and his authority, it may change from an orange to a pear (Closer). If after that he says, "screw you guys, I'm sticking with it", well, then we'd have an apple.

Hope this helps :)
RE: RE: If she wants to speak on faith/current events  
Randy in CT : 9/1/2015 1:28 pm : link
In comment 12446872 Dunedin81 said:
Quote:
In comment 12446858 Mike in NY said:


Quote:


she should become a Pastor. However, as an elected Clerk she has a duty to enforce the law, even if she disagrees with it. Nobody forced her to become the Clerk and the law puts the requirement to issue on marriage licenses to whomever holds the office. It is not like the law says Mrs. Davis has to sign the marriage licenses but no other Clerk is required to.



Yeah this. I respect her conscience even though I disagree with the conclusions to which it leads her. But if you find your conscience incompatible with what you're asked to do as part of a job you took and maintain voluntarily, you need to stop doing it. It is all well and good, in many cases admirable, that you conscientiously object to the duties of being a soldier, but you should not have signed on in the first place and if the duties or your conscience changed in the meantime such that you can no longer perform those duties America is not obligated to continue to cut you a check to do only those duties that comport with your moral compass.
This isn't a dig at you duned, so I hope it doesn't come across as that.

I think most people are using their lack of "comfortability" with gay people as the driving force in how they interact with them. So I don't respect her conscience, as you said, because if she truly feels that this is religion driven, can we go down the list of things that the bible would find "objectionable" and how she treats those instances?

I'm not "comfortable" as such, with gay people--because I'm straight. Gay guys kiss? Yuck. But I get that. We are different in that way and I think it is the right thing to not treat them differently, regardless of how I feel about gay acts. Or gay people acting sexually.

We should remind ourselves that we live in a country where many people can't talk openly about straight sex, for pete's sake.
I find it  
Fred in Atlanta : 9/1/2015 1:30 pm : link
somewhat funny this women fighting for the sanctity of marriage has only been divorced a couple of times. I guess god likes one women and at least two men. I did see reports she is on her fourth marriage, but cannot find reliable sources. I just hate people who are hypocritical about gay marriage and don't think twice about divorce.

AP confirms - ( New Window )
Who is  
Headhunter : 9/1/2015 1:30 pm : link
pete?
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