Chris Hampton @ACLUChris
Cty atty on Davis: "A foolish mission aided by out of state charlatan lawyers trying to raise money for their 'religious liberty' mission."
Joe Dunman @JoeDunman
Hearing concluded. Clerk in custody. Deputies to issue licenses tomorrow, though they expressed reluctance but for contempt threat.
Good. Sounds like the judge made his determination on this point pretty clear.
but how can the deputy give a marriage license without the consent of the elected clerk? It's like the White House Chief of Staff signing a bill into law without the consent of the President, no? Or a judge's clerk signing an order.
It is the signature of the person with power -- judge, clerk, or President -- that makes the deed official. If the deputy signs a marriage license over the objection of the elected clerk, is the marriage legal?
I'm not a lawyer but this seems to answer your question. Does it?
Federal Rules of Civil Procedure TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 70. Enforcing a Judgment for a Specific Act
(a) Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be doneat the disobedient party's expenseby another person appointed by the court. When done, the act has the same effect as if done by the party.
(b) Vesting Title. If the real or personal property is within the district, the courtinstead of ordering a conveyancemay enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally executed conveyance.
(c) Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the clerk must issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.
(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e) Holding in Contempt. The court may also hold the disobedient party in contempt. Link - ( New Window )
RE: Upon hearing her excuse, God issued the following statement
that's a good catch. I dont know that I've ever read FRCP 70 before (it's funny--you go to the rules you need and ignore everything else).
So if her office is going to issue licenses and she isnt stopping that, why does she need to be in jail? I assume the original ruling was that these people are entitled to get a marriage license in that county. If they're getting that, shouldnt Davis be let go?
that's a good catch. I dont know that I've ever read FRCP 70 before (it's funny--you go to the rules you need and ignore everything else).
So if her office is going to issue licenses and she isnt stopping that, why does she need to be in jail? I assume the original ruling was that these people are entitled to get a marriage license in that county. If they're getting that, shouldnt Davis be let go?
She wouldn't agree not to interfere, per the Chicago Tribune ...
The judge later sought a resolution to keep Davis out of jail after all. He overruled an objection from her lawyer, who argued that her six deputy clerks cannot act against her authority. And he called each one before him to declare whether they intend to follow the law. All but the clerk's son, Nathan Davis, promised to comply.
The judge said Nathan Davis' position wouldn't matter, and that his mother could go free as long as she promised not to interfere with issuing of marriage licenses to all couples. But Kim Davis rejected the offer, her attorneys later said.
she has no problem breaking the oath she took when she swore on the Bible to uphold the laws.
A Statement of Faith of the Apostolic Christian Church
[...]2.1 Christian Integrity
We believe that it is a major Christian obligation to be strictly truthful and transparent in life and doctrine, with no secrecy or hypocrisy.98 Although the swearing of oaths was permitted in Old Testament times, it is forbidden by Christ.99 Christians are obligated to speak the truth because they are always in the presence of God.100
Therefore we simply affirm the truth in legal transactions. Our membership is not to be in lodges and secret societies which require the use of oaths and foster the formation of intimate alliances with unbelievers.101 Instead, we seek to promote fellowship and brotherhood in the church.102
12 But above all, my brethren, n do not swear, either by heaven or by earth or with any other oath. But let your "Yes" be "Yes," and your "No," "No," lest you fall into 9 judgment.
***********************************
Matthew 5:33-37
OATHS
33 "Again you have heard that m it was said to those of 1 old, n 'You shall not swear falsely, but o shall perform your oaths to the Lord.' 34 "But I say to you, p do not swear at all: neither by heaven, for it is q God's throne; 35 "nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of r the great King. 36 "Nor shall you swear by your head, because you cannot make one hair white or black. 37 s "But let 2 your 'Yes' be 'Yes,' and your 'No,' 'No.' For whatever is more than these is from the evil one. Link - ( New Window )
Kim Davis thinks she has a solution to her problem.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done.
Bluegrass Politics @BGPolitics
Kim Davis is "in good spirits" in jail, ready to stay for however long it takes to defend her beliefs, husband Joe Davis says.
Bluegrass Politics @BGPolitics
Kim Davis' husband tells reporters in Morehead that Judge Bunning is a coward & a bully.
Bluegrass Politics @BGPolitics
Smith & Yates, first couple to get Rowan Co marriage license since Supreme Court decision, says they have to set the date now.
Kim Davis thinks she has a solution to her problem.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
Bluegrass Politics @BGPolitics
Kim Davis is "in good spirits" in jail, ready to stay for however long it takes to defend her beliefs, husband Joe Davis says.
Bluegrass Politics @BGPolitics
Kim Davis' husband tells reporters in Morehead that Judge Bunning is a coward & a bully.
He'll be ex-husband number 4 any day now...
RE: And my question from yesterday remains (nod to gidiefor)
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Dick and Liz Chaney have said that Davis should "do her damn job"
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
RE: Dick and Liz Chaney have said that Davis should
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
Yes -- it's true -- there's no limit to the amount you can give -- however -- gifts are all subject to gift tax -- however there are maximum amounts established that fall under an exclusion to paying gift tax
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
Yes -- it's true -- there's no limit to the amount you can give -- however -- gifts are all subject to gift tax -- however there are maximum amounts established that fall under an exclusion to paying gift tax
For clarification, and I actually Googled Kentucky Estate and Gift Taxes:
* The federal annual exemption amount is $14,000 per donee. So the maximum contained in giddie's post should actually be $56,000 between couples.
* Gifts above that amount count against a lifetime exemption amount of roughly $5.4 million per person. Above that they would be subject to gift tax.
* Kentucky has no gift tax but does have an inheritance tax, but it only applies to gifts made within 3 years of the donors death.
I am completely uninterested in how this dipshit might pay fines
In comment 12452843 sphinx said:Quote:Kim Davis thinks she has a solution to her problem.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
No, the County Clerk doesn't have to sign the license. One of the deputy clerks can sign. Her name, however, appears on the license showing where it was issued. That is what she wants to remove. Here's a copy of her marriage license from 2009. Her name is on licenses now issued by her office where her 2009 license shows "Jean W. Bailey", her predecessor ...
RE: I am completely uninterested in how this dipshit might pay fines
Yes...and that's definitely something they should be making fun of him (Joe Davis) about, especially since he's married her twice, right? Didn't learn from his first mistake.
The issue comes down to why are people insulting hillbillies? They didn't do anything wrong to be put in the same group as this jackass.
In comment 12453684 WideRight said:Quote:for example
Yes...and that's definitely something they should be making fun of him (Joe Davis) about, especially since he's married her twice, right? Didn't learn from his first mistake.
The issue comes down to why are people insulting hillbillies? They didn't do anything wrong to be put in the same group as this jackass.
Well, ole Joe made the public claim himself ...
Im an old redneck hillbilly, thats all Ive got to say. Dont come knocking on my door.
Because agreeing with anything Dick Chaney agrees on terrifies me, I think I might switch to pro-Kim Davis.
Either Liz has turned Dick into a social liberal, or Halliburton is moving in on the gay marriage market.
My guess:
"Mary Claire Cheney (born March 14, 1969) is the second daughter of Dick Cheney, the former Vice President of the United States, and his wife, Lynne Cheney. She is politically conservative and is involved with a number of political action groups.[1]
She is openly lesbian, has voiced support for same-sex marriage, and has been credited with encouraging her father to support same-sex marriage.[2]"
In comment 12452843 sphinx said:Quote:Kim Davis thinks she has a solution to her problem.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
No, the County Clerk doesn't have to sign the license. One of the deputy clerks can sign. Her name, however, appears on the license showing where it was issued. That is what she wants to remove. Here's a copy of her marriage license from 2009. Her name is on licenses now issued by her office where her 2009 license shows "Jean W. Bailey", her predecessor ...
Ummmm, it is common for other states to list "relationship to other parties" on their wedding licences???? I don't recall seeing that on my CA wedding licence...
A tweet ...
Melanie Kendall @MelanieKendall
Here's a picture of April Miller and Karen Roberts' marriage license - Kim Davis' name is not on it
On Kim Davis' license posted earlier, it reads ... in the office of Jean W. Bailey Rowan County Clerk. On the license issued to Miller and Roberts this morning it just seems to say, in the office of Rowan County Clerk. Melanie Kendall (an ABC36News reporter), who posted the above tweet and pic confirms Kim Davis' name does not appear on it, which should put Davis in good standing with her god according to her lawyer and may get her out of the hoosegow.
But if she leaves the hoosegow, she'll have to stop milking her
In a statement Kim Davis released thru the Liberty Council on Sept 1 she said, To issue a marriage license which conflicts with Gods definition of marriage, with my name affixed to the certificate, would violate my conscience.(LINK)
This morning her lawyer said, She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,.
Moving on to Kentucky law ... Kentucky Revised Statutes reads ...
****************************************** 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 ... LINK
*******************************************
Now moving to aforementioned KRS 402.100, it says ...
****************************************** 402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security numbers.
Each county clerk shall use the form prescribed by the Department for Libraries and Archives when issuing a marriage license. This form shall provide for the entering of all of the information required in this section, and may also provide for the entering of additional information prescribed by the Department for Libraries and Archives. The
form shall consist of:
(1) A marriage license which provides for the entering of:
(a) An authorization statement of the county clerk issuing the license for any person or religious society authorized to perform marriage ceremonies to unite in marriage the persons named;
(b) Vital information for each party, including the full name, date of birth, place of birth, race, condition (single, widowed, or divorced), number of previous
marriages, occupation, current residence, relationship to the other party, and full names of parents; and
(c) The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license. LINK
************************************
I'm in no way trained in the legal profession but I see NO requirement in the statutes for her name to on the license. A license issued this morning omitted her name (see previous post). It seems that's all she had to do from the getgo, leave her name off the license. Again, I'm getting the sense this whole thing has been orchestrated bullshit. If I'm missing some point or misinterpreted a point, I'm open for correction.
the ACLU lawyers involved in this have been openly suggesting (in press statements) that the law firm/advocacy group representing Kim Davis has been the main driving force behind her actions.
"We don't serve your kind" is discrimination, pure and simple. It's un-American. We know that. Kim Davis knows that.
What the opponents of marriage equality needed, what Bryan Fischer and Tony Perkins and all the desperate homophobes of the Liberty Counsel had to have to stay in business for another year, was a martyr. (They almost had it with those "no wedding pizza for gays" people, but then that GoFundMe page came along and made them rich.) They needed a timid, God-fearing person to be hauled off to prison.
They got that today.
Kim Davis, because of her deeply-held belief in a religion to which she converted four years ago (her whole thing makes so much more sense when you think about how fresh she is to Christianity, doesn't it? Hers is the zeal of the brand-new convert. It's like she's six months into Crossfit) refused to issue marriage licenses out of her office so that she would never endorse a same-sex union with her signature, and now she's going to jail. As Mark Joseph Stern points out in Slate, good lawyers lawyers who are working for the good of their clients, not lawyers who are trying to stay relevant in a world that has outgrown themtend to do what they can to keep their clients out of jail. The Liberty Counsel, who counsels for the liberty to oppress gay people and pretty much nothing else, should be out of business in 2015. When we get that picture of Kim Davis in handcuffs, they'll have the image they need to stay afloat until 2025.
Cty atty on Davis: "A foolish mission aided by out of state charlatan lawyers trying to raise money for their 'religious liberty' mission."
Hearing concluded. Clerk in custody. Deputies to issue licenses tomorrow, though they expressed reluctance but for contempt threat.
Good. Sounds like the judge made his determination on this point pretty clear.
It is the signature of the person with power -- judge, clerk, or President -- that makes the deed official. If the deputy signs a marriage license over the objection of the elected clerk, is the marriage legal?
I'm not a lawyer but this seems to answer your question. Does it?
********************************************************
Federal Rules of Civil Procedure TITLE VIII. PROVISIONAL AND FINAL REMEDIES
Rule 70. Enforcing a Judgment for a Specific Act
(a) Party's Failure to Act; Ordering Another to Act. If a judgment requires a party to convey land, to deliver a deed or other document, or to perform any other specific act and the party fails to comply within the time specified, the court may order the act to be doneat the disobedient party's expenseby another person appointed by the court. When done, the act has the same effect as if done by the party.
(b) Vesting Title. If the real or personal property is within the district, the courtinstead of ordering a conveyancemay enter a judgment divesting any party's title and vesting it in others. That judgment has the effect of a legally executed conveyance.
(c) Obtaining a Writ of Attachment or Sequestration. On application by a party entitled to performance of an act, the clerk must issue a writ of attachment or sequestration against the disobedient party's property to compel obedience.
(d) Obtaining a Writ of Execution or Assistance. On application by a party who obtains a judgment or order for possession, the clerk must issue a writ of execution or assistance.
(e) Holding in Contempt. The court may also hold the disobedient party in contempt.
Link - ( New Window )
Link?
Per our motion, the injunction against the clerk compels licenses to be issued to all couples, not just our clients.
So if her office is going to issue licenses and she isnt stopping that, why does she need to be in jail? I assume the original ruling was that these people are entitled to get a marriage license in that county. If they're getting that, shouldnt Davis be let go?
So if her office is going to issue licenses and she isnt stopping that, why does she need to be in jail? I assume the original ruling was that these people are entitled to get a marriage license in that county. If they're getting that, shouldnt Davis be let go?
She wouldn't agree not to interfere, per the Chicago Tribune ...
The judge later sought a resolution to keep Davis out of jail after all. He overruled an objection from her lawyer, who argued that her six deputy clerks cannot act against her authority. And he called each one before him to declare whether they intend to follow the law. All but the clerk's son, Nathan Davis, promised to comply.
The judge said Nathan Davis' position wouldn't matter, and that his mother could go free as long as she promised not to interfere with issuing of marriage licenses to all couples. But Kim Davis rejected the offer, her attorneys later said.
Link - ( New Window )
A Statement of Faith of the Apostolic Christian Church
[...]2.1 Christian Integrity
We believe that it is a major Christian obligation to be strictly truthful and transparent in life and doctrine, with no secrecy or hypocrisy.98 Although the swearing of oaths was permitted in Old Testament times, it is forbidden by Christ.99 Christians are obligated to speak the truth because they are always in the presence of God.100
Therefore we simply affirm the truth in legal transactions. Our membership is not to be in lodges and secret societies which require the use of oaths and foster the formation of intimate alliances with unbelievers.101 Instead, we seek to promote fellowship and brotherhood in the church.102
**************************************************
12 But above all, my brethren, n do not swear, either by heaven or by earth or with any other oath. But let your "Yes" be "Yes," and your "No," "No," lest you fall into 9 judgment.
***********************************
Matthew 5:33-37
OATHS
33 "Again you have heard that m it was said to those of 1 old, n 'You shall not swear falsely, but o shall perform your oaths to the Lord.' 34 "But I say to you, p do not swear at all: neither by heaven, for it is q God's throne; 35 "nor by the earth, for it is His footstool; nor by Jerusalem, for it is the city of r the great King. 36 "Nor shall you swear by your head, because you cannot make one hair white or black. 37 s "But let 2 your 'Yes' be 'Yes,' and your 'No,' 'No.' For whatever is more than these is from the evil one.
Link - ( New Window )
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done.
Link - ( New Window )
Going to the chapel: Will Smith & James Yates get a marriage license in Rowan Co from deputy clerk Brian Mason.
Kim Davis is "in good spirits" in jail, ready to stay for however long it takes to defend her beliefs, husband Joe Davis says.
Bluegrass Politics @BGPolitics
Kim Davis' husband tells reporters in Morehead that Judge Bunning is a coward & a bully.
Smith & Yates, first couple to get Rowan Co marriage license since Supreme Court decision, says they have to set the date now.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
Kim Davis is "in good spirits" in jail, ready to stay for however long it takes to defend her beliefs, husband Joe Davis says.
Bluegrass Politics @BGPolitics
Kim Davis' husband tells reporters in Morehead that Judge Bunning is a coward & a bully.
He'll be ex-husband number 4 any day now...
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Quote:
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
Either Liz has turned Dick into a social liberal, or Halliburton is moving in on the gay marriage market.
Quote:
In comment 12451429 Rob in CT/NYC said:
Quote:
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
Yes -- it's true -- there's no limit to the amount you can give -- however -- gifts are all subject to gift tax -- however there are maximum amounts established that fall under an exclusion to paying gift tax
Quote:
In comment 12453035 gidiefor said:
Quote:
In comment 12451429 Rob in CT/NYC said:
Quote:
The judge said jail was the only option as fines were very likely going to be paid by third parties - is that a taxable event for this woman? Is it because the individual donations don't exceed the $14,000 mark, even though they may in aggregate?
actually -- individuals are allowed to give gifts to another individual up to the amount set by IRS and State regs that are excluded from taxation -- so by extension multiple individuals can give gifts and in aggregate exceed the minimum --
for instance a couple can each give their child and the childs husband (in aggregate 4X the maximum gift allowable) - if the allowable gift exclusion is $10,000 -- then the husband can give the child and their spouse each $10,000 and the wife can give the child and their spouse each $10,000 -- resulting in a $40,000 gift under the exclusion
Umm....There is no limit to what you can give somebody....
Yes -- it's true -- there's no limit to the amount you can give -- however -- gifts are all subject to gift tax -- however there are maximum amounts established that fall under an exclusion to paying gift tax
For clarification, and I actually Googled Kentucky Estate and Gift Taxes:
* The federal annual exemption amount is $14,000 per donee. So the maximum contained in giddie's post should actually be $56,000 between couples.
* Gifts above that amount count against a lifetime exemption amount of roughly $5.4 million per person. Above that they would be subject to gift tax.
* Kentucky has no gift tax but does have an inheritance tax, but it only applies to gifts made within 3 years of the donors death.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
No, the County Clerk doesn't have to sign the license. One of the deputy clerks can sign. Her name, however, appears on the license showing where it was issued. That is what she wants to remove. Here's a copy of her marriage license from 2009. Her name is on licenses now issued by her office where her 2009 license shows "Jean W. Bailey", her predecessor ...
There's no tax deduction for gifts.
Yes...and that's definitely something they should be making fun of him (Joe Davis) about, especially since he's married her twice, right? Didn't learn from his first mistake.
The issue comes down to why are people insulting hillbillies? They didn't do anything wrong to be put in the same group as this jackass.
Yes...and that's definitely something they should be making fun of him (Joe Davis) about, especially since he's married her twice, right? Didn't learn from his first mistake.
The issue comes down to why are people insulting hillbillies? They didn't do anything wrong to be put in the same group as this jackass.
Well, ole Joe made the public claim himself ...
Im an old redneck hillbilly, thats all Ive got to say. Dont come knocking on my door.
Link - ( New Window )
But his mothers name is Vondal Bailey. And thats OK too, except that happens to be Kim Davis maiden name. Her father was Darold Bailey.
So in a small Kentucky town, on his fourth marriage, he marries someone with a common surname?
Does her religion condone this?
Quote:
Because agreeing with anything Dick Chaney agrees on terrifies me, I think I might switch to pro-Kim Davis.
Either Liz has turned Dick into a social liberal, or Halliburton is moving in on the gay marriage market.
My guess:
"Mary Claire Cheney (born March 14, 1969) is the second daughter of Dick Cheney, the former Vice President of the United States, and his wife, Lynne Cheney. She is politically conservative and is involved with a number of political action groups.[1]
She is openly lesbian, has voiced support for same-sex marriage, and has been credited with encouraging her father to support same-sex marriage.[2]"
But his mothers name is Vondal Bailey. And thats OK too, except that happens to be Kim Davis maiden name. Her father was Darold Bailey.
So in a small Kentucky town, on his fourth marriage, he marries someone with a common surname?
Surprisingly, in Kentucky it's illegal for 1st or 2nd cousins to marry, if that's where you're going.
Everybody...
Quote:
His dad's name is Virgil. Of course thats OK, but just not a name we chose very often....
But his mothers name is Vondal Bailey. And thats OK too, except that happens to be Kim Davis maiden name. Her father was Darold Bailey.
So in a small Kentucky town, on his fourth marriage, he marries someone with a common surname?
Surprisingly, in Kentucky it's illegal for 1st or 2nd cousins to marry, if that's where you're going.
Well the law doesn't seem to matter to Kentuckians, so we're good...
Quote:
In comment 12453727 WideRight said:
Quote:
His dad's name is Virgil. Of course thats OK, but just not a name we chose very often....
But his mothers name is Vondal Bailey. And thats OK too, except that happens to be Kim Davis maiden name. Her father was Darold Bailey.
So in a small Kentucky town, on his fourth marriage, he marries someone with a common surname?
Surprisingly, in Kentucky it's illegal for 1st or 2nd cousins to marry, if that's where you're going.
Well the law doesn't seem to matter to Kentuckians, so we're good...
Quote:
In comment 12452843 sphinx said:Quote:Kim Davis thinks she has a solution to her problem.
The Kentucky county clerk, jailed for failing to follow a judges orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News.
She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well, Staver said. That simple remedy has simply been ignored by the court and by the governor and thats what should have been done. Link - ( New Window )
Well, it has to be signed by someone. I'm guessing the law says it has to be the person who holds her job.
No, the County Clerk doesn't have to sign the license. One of the deputy clerks can sign. Her name, however, appears on the license showing where it was issued. That is what she wants to remove. Here's a copy of her marriage license from 2009. Her name is on licenses now issued by her office where her 2009 license shows "Jean W. Bailey", her predecessor ...
Ummmm, it is common for other states to list "relationship to other parties" on their wedding licences???? I don't recall seeing that on my CA wedding licence...
Melanie Kendall @MelanieKendall
Here's a picture of April Miller and Karen Roberts' marriage license - Kim Davis' name is not on it
On Kim Davis' license posted earlier, it reads ... in the office of Jean W. Bailey Rowan County Clerk. On the license issued to Miller and Roberts this morning it just seems to say, in the office of Rowan County Clerk. Melanie Kendall (an ABC36News reporter), who posted the above tweet and pic confirms Kim Davis' name does not appear on it, which should put Davis in good standing with her god according to her lawyer and may get her out of the hoosegow.
This morning her lawyer said, She has a very strong conscience and shes just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,.
Moving on to Kentucky law ... Kentucky Revised Statutes reads ...
******************************************
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 ... LINK
*******************************************
Now moving to aforementioned KRS 402.100, it says ...
******************************************
402.100 Marriage license -- Marriage certificate -- Confidentiality of Social Security numbers.
Each county clerk shall use the form prescribed by the Department for Libraries and Archives when issuing a marriage license. This form shall provide for the entering of all of the information required in this section, and may also provide for the entering of additional information prescribed by the Department for Libraries and Archives. The
form shall consist of:
(1) A marriage license which provides for the entering of:
(a) An authorization statement of the county clerk issuing the license for any person or religious society authorized to perform marriage ceremonies to unite in marriage the persons named;
(b) Vital information for each party, including the full name, date of birth, place of birth, race, condition (single, widowed, or divorced), number of previous
marriages, occupation, current residence, relationship to the other party, and full names of parents; and
(c) The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.
LINK
************************************
I'm in no way trained in the legal profession but I see NO requirement in the statutes for her name to on the license. A license issued this morning omitted her name (see previous post). It seems that's all she had to do from the getgo, leave her name off the license. Again, I'm getting the sense this whole thing has been orchestrated bullshit. If I'm missing some point or misinterpreted a point, I'm open for correction.
.
What the opponents of marriage equality needed, what Bryan Fischer and Tony Perkins and all the desperate homophobes of the Liberty Counsel had to have to stay in business for another year, was a martyr. (They almost had it with those "no wedding pizza for gays" people, but then that GoFundMe page came along and made them rich.) They needed a timid, God-fearing person to be hauled off to prison.
They got that today.
Kim Davis, because of her deeply-held belief in a religion to which she converted four years ago (her whole thing makes so much more sense when you think about how fresh she is to Christianity, doesn't it? Hers is the zeal of the brand-new convert. It's like she's six months into Crossfit) refused to issue marriage licenses out of her office so that she would never endorse a same-sex union with her signature, and now she's going to jail. As Mark Joseph Stern points out in Slate, good lawyers lawyers who are working for the good of their clients, not lawyers who are trying to stay relevant in a world that has outgrown themtend to do what they can to keep their clients out of jail. The Liberty Counsel, who counsels for the liberty to oppress gay people and pretty much nothing else, should be out of business in 2015. When we get that picture of Kim Davis in handcuffs, they'll have the image they need to stay afloat until 2025.
Link - ( New Window )