Kim Davis Released

[Sam I am]

GRAYSON, Ky. — Kim Davis, the Kentucky county clerk who was jailed last week after she defied a court’s order that she issue marriage licenses to same-sex couples, was ordered released on Tuesday.

In a two-page order issued Tuesday, the judge who sent her to jail, David L. Bunning of Federal District Court, said he would release Ms. Davis because he was satisfied that her office was “fulfilling its obligation to issue marriage licenses to all legally eligible couples.”

“She’s a free woman,” the Carter County jailer, R. W. Boggs, said as he stepped outside the jail, though Ms. Davis had not been seen. She was meeting, according to reports, with Mike Huckabee, the Republican presidential candidate and former governor of Arkansas, ahead of a rally later on Tuesday.
Continue reading the main story
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Judge Bunning ordered that Ms. Davis “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” He said any such action would be regarded as “a violation” of his release order.

Continued at http://www.nytimes.com/2015/09/09/us/kim-davis-same-sex-marriage.html?_r=0

She's out of jail, and her deputes will be able to continue issuing marriage licenses, and she can't stop them. It's a victory for everyone

[tod evans]

My understanding is that her deputies only issue licenses and record instruments under her name.

If that's the case and if this broad is for real then this ain't over.

[Deborah K]

OP, do you have an opinion on Huckabee's stance?


https://www.youtube.com/watch?feature=player_embedded&v=rBOatQ5XuLo

[Sam I am]

OP, do you have an opinion on Huckabee's stance?


https://www.youtube.com/watch?feature=player_embedded&v=rBOatQ5XuLo

I don't know whether I've watched this particular video, but I was Huckabee talk about it on TV already, and my stance on the issue is "Fuck Mike Huckabee"

[CaptainAmerica]

so apparently shes elected, this can get more interesting

[tod evans]

I don't know whether I've watched this particular video, but I was Huckabee talk about it on TV already, and my stance on the issue is "Fuck Mike Huckabee"

I watched it just now, came away with him saying that there is no state or federal statute in effect compelling this broad to act.

Supreme court decisions are not statutes.

[erowe1]

Judge Bunning ordered that Ms. Davis “shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” He said any such action would be regarded as “a violation” of his release order.

What kind of God complex does someone have to have to talk like this?

I hope some serious consequences come his way.

[PRB]

Continued at http://www.nytimes.com/2015/09/09/us/kim-davis-same-sex-marriage.html?_r=0

She's out of jail, and her deputes will be able to continue issuing marriage licenses, and she can't stop them. It's a victory for everyone

so what is she paid to do to keep her job?

[PRB]

What kind of God complex does someone have to have to talk like this?

I hope some serious consequences come his way.

you want a man hurt for upholding the law?

[PRB]

I watched it just now, came away with him saying that there is no state or federal statute in effect compelling this broad to act.

Supreme court decisions are not statutes.

LMAO. everybody knows SCOTUS rules are not statutes, but only an idiot would think only statutes are laws.

[Sonny Tufts]

What kind of God complex does someone have to have to talk like this?

It comes with being a judge. Sometimes judges have to order parties to a lawsuit to do something or to refrain from doing something and remind them of the consequences if they refuse to comply. Given Davis's past intransigence, the judge is merely making it clear to her that she's being released only if she behaves.

What's going to be interesting is whether the five deputy clerks who told the judge under oath that they would issue licenses will continue to do so despite any attempt by Ms. Davis to stop them. Recall that Davis earlier refused to allow the deputies to issue any licenses, and if she does that again the deputies will have the choice of either (a) obeying Davis, in which case Davis will go back to jail and the deputies will be cited for contempt, or (b) issuing the licenses and telling Davis that her order is invalid.

[PRB]

It comes with being a judge. Sometimes judges have to order parties to a lawsuit to do something or to refrain from doing something and remind them of the consequences if they refuse to comply. Given Davis's past intransigence, the judge is merely making it clear to her that she's being released only if she behaves.

What's going to be interesting is whether the five deputy clerks who told the judge under oath that they would issue licenses will continue to do so despite any attempt by Ms. Davis to stop them. Recall that Davis earlier refused to allow the deputies to issue any licenses, and if she does that again the deputies will have the choice of either (a) obeying Davis, in which case Davis will go back to jail and the deputies will be cited for contempt, or (b) issuing the licenses and telling Davis that her order is invalid.

either way, these protests won't last, the licenses will eventually be issued even if it means the federal government will issue it themselves and shove it down the state's throat. these people are just wasting court's time for their silly vanity fair.

[Sonny Tufts]

even if it means the federal government will issue it themselves and shove it down the state's throat.

That won't happen. The deputies will continue to issue the licenses. If Davis tries to interfere, it'll simply mean that her "conscience" argument is a sham and that her real goal is to prevent gays from marrying, no matter what.

[tod evans]

LMAO. everybody knows SCOTUS rules are not statutes, but only an idiot would think only statutes are laws.

Only an idiot would believe laws proscribe a county clerk's duties in office.

Dipshit.

[edit]


Difference Between Law and Statute

http://www.differencebetween.net/language/words-language/difference-between-law-and-statute/

Law vs Statute

“Law” and “statute” both refer to certain laws that have been made and implemented in a society for some kind of discipline, rules, and regulations to be followed by a community or society or nation as a whole. “Law” and “statute” are different from each other as a law refers to some common rules made and followed by the society for a long time which are still being followed. These are not necessarily written whereas a statute refers to laws which have been passed as bills by the legislature of a country or have been written down and are consulted for use.

Law
“Law” can be defined as the body of principles and rules governing the affairs or behavior of society or a community. In the United States, the law appears in the U.S. Code. A law stays and keeps appearing in the U.S. Code till that law is actively in force. The law of the United States is cumulative no matter which law came into existence at what time. Laws are guidelines and rules enforced by different institutions. There are many different laws such as:

Property law- This law deals with the ownership and transfer of personal or real property according to the asset of rules made.
Contract law- It includes rules which bind you to a contract like buying shares or simpler actions like buying tickets for the train, etc.
Trust law- These laws deal with the assets one holds for investments and the laws which are applied in financial trading or securities.
Criminal law- Criminal law is the law which deals with a person committing a crime against society and the rules which punish them.
Constitutional law- The law which gives guidelines for making new laws or maintaining the old ones, and the laws which protect human rights is called Constitutional law. It also sets guidelines for the election of politicians.
Administrative law- This law helps in reviewing the government’s decisions. These are just a few of the laws which set guidelines for the better functioning of a community. When the community being considered is not only a nation, then there are international laws too. Religious laws are very much followed and obeyed in many countries. Thus, there are many kinds of laws which might or might not be written.

Statute
“Statute” is also called statute law. It is a written law which has been decided upon by the legislature of a country or by the legislators in case there is a monarchy in the country. It is a written law thus it is different from many oral laws or customary laws where no rules are written, but certain regulations and guidelines have been followed for a long time.

Statute law originates from municipalities or the state legislature or at a higher level the national legislature. The municipal or state statute is subordinate to the national statute laws.

A statute is also called “session law,” and these two words can be used interchangeably. Statutes, unlike laws, are published in the United States Statutes at Large. These are not cumulative; each legislative session has a separate volume.

Summary:

1.Statute law is written laws originating from municipalities, states, or national legislatures; laws are written or unwritten guidelines or rules that are followed by communities.
2.Statutes are not cumulative; each legislative session has a separate volume. Laws are cumulative. They appear in the U.S. Code until that law is actively in force.
3.Statute laws are published in the United States Statutes at Large; laws appear in the U.S. Code.

[pcosmar]

, and my stance on the issue is "Fuck Mike Huckabee"

pretty much anytime his mug opens it's mouth.

[tod evans]

That won't happen. The deputies will continue to issue the licenses. If Davis tries to interfere, it'll simply mean that her "conscience" argument is a sham and that her real goal is to prevent gays from marrying, no matter what.

I disagree with this.

If her goal is as she states, to not have her name affixed to licenses then deputy clerks acting on her behalf are in fact violating her beliefs.

Now if deputy clerks in that county have authority to issue licenses under their own names that's a different story.

I don't know how the county statutes read do you?

[PRB]

Only an idiot would believe laws proscribe a county clerk's duties in office.

Dipshit.

so what does? Tell me.

[PRB]

it'll simply mean that her "conscience" argument is a sham and that her real goal is to prevent gays from marrying, no matter what.

we knew that already, LOL.

[tod evans]

so what does? Tell me.

The statutes in the enclosed PDF

http://www.lrc.ky.gov/lrcpubs/ib114.pdf

[erowe1]

you want a man hurt for upholding the law?

I don't know what law you have in mind. He had a woman arrested and put in jail for doing nothing wrong. He's a criminal. She deserves justice for what he did. Now he's holding the whole state of Kentucky hostage to his agenda.

[erowe1]

It comes with being a judge.

No it doesn't. This judge's job was to stay out of it.

[Sonny Tufts]

If her goal is as she states, to not have her name affixed to licenses then deputy clerks acting on her behalf are in fact violating her beliefs.

I don't think the fact that her name is affixed to the license means that she necessarily approves of the license's being issued to a gay couple. It would is she personally signed it, but if a deputy merely rubberstamps her signature or if her name is preprinted on the form, I don't see that she has an argument that she is violating her conscience.

The County Attorney says the deputy-issued licenses are legal.

[Valli6]

This video isn't on youtube yet.
Talks about "Freedom Restoration Act" from 2013.
http://video.foxnews.com/v/4471332845001/sen-rand-paul-reacts-to-release-of-kentucky-county-clerk/?#sp=show-clips

[erowe1]

What's going to be interesting is whether the five deputy clerks who told the judge under oath that they would issue licenses will continue to do so despite any attempt by Ms. Davis to stop them. Recall that Davis earlier refused to allow the deputies to issue any licenses, and if she does that again the deputies will have the choice of either (a) obeying Davis, in which case Davis will go back to jail and the deputies will be cited for contempt, or (b) issuing the licenses and telling Davis that her order is invalid.

Hopefully she orders them not to issue same-sex marriage licenses, and then they disobey her, and then she fires them for not doing their jobs.

[Deborah K]

This video isn't on youtube yet.
Talks about "Freedom Restoration Act" from 2013.
http://video.foxnews.com/v/4471332845001/sen-rand-paul-reacts-to-release-of-kentucky-county-clerk/?#sp=show-clips

Good job, Rand.

[Sonny Tufts]

I don't know what law you have in mind. He had a woman arrested and put in jail for doing nothing wrong. He's a criminal. She deserves justice for what he did. Now he's holding the whole state of Kentucky hostage to his agenda.

Mere emotional sour grapes without a shred of legal support. She violated an order that both the 6th Circuit and the Supreme Court refused to stay pending an appeal. In case you don't know, that usually means the appellate courts didn't think she has a very good chance of prevailing on appeal. In fact, the 6th Circuit suggested that her two chances were slim and none:


The request for a stay pending appeal relates solely to an injunction against Davis in her official capacity. The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal. Miller v. Davis, No. 15-5880 (6th Cir. 2015)

[Deborah K]

Mere emotional sour grapes without a shred of legal support. She violated an order that both the 6th Circuit and the Supreme Court refused to stay pending an appeal. In case you don't know, that usually means the appellate courts didn't think she has a very good chance of prevailing on appeal. In fact, the 6th Circuit suggested that her two chances were slim and none:

Have you watched Rand's recent response to this? She most definitely has a case under the Freedom Restoration Act.

[Sonny Tufts]

Hopefully she orders them not to issue same-sex marriage licenses, and then they disobey her, and then she fires them for not doing their jobs.

Part of the deputies' job at this point includes the obligation to obey Judge Bunning's order. In any event firing the deputies would violate Judge Bunning's order, and she she will find herself back in jail.

[erowe1]

Mere emotional sour grapes without a shred of legal support. She violated an order that both the 6th Circuit and the Supreme Court refused to stay pending an appeal. In case you don't know, that usually means the appellate courts didn't think she has a very good chance of prevailing on appeal. In fact, the 6th Circuit suggested that her two chances were slim and none:

Shame on them all.

Your idea of legal support is arguments that hold up in court.

[erowe1]

Part of the deputies' job at this point includes the obligation to obey Judge Bunning's order. In any event firing the deputies would violate Judge Bunning's order, and she she will find herself back in jail.

I hope that's exactly what happens.

[Sonny Tufts]

I hope that's exactly what happens.

We finally agree on something.

[tod evans]

Part of the deputies' job at this point includes the obligation to obey Judge Bunning's order. In any event firing the deputies would violate Judge Bunning's order, and she she will find herself back in jail.

This is the exact attitude I was hoping this clerk broad would inspire others to shun like a turd in the punch bowl.

Feds will take any power the citizens won't fight for and fighting DOES NOT include arguing in their courts.

[Sonny Tufts]

Have you watched Rand's recent response to this? She most definitely has a case under the Freedom Restoration Act.

She has an argument, but as Sen. Paul said the Kentucky statute hasn't been tested yet. I'm sure her attorneys are raising every non-frivolous argument they can.

I disagree with Paul and others who think that if the license has her preprinted name on it, it means she necessarily approves of the issuance of the license to a gay couple. The placing of her name on the license arises from a ministerial duty, not from a discretionary one.

[Sonny Tufts]

This is the exact attitude I was hoping this clerk broad would inspire others to shun like a turd in the punch bowl.

Feds will take any power the citizens won't fight for and fighting DOES NOT include arguing in their courts.

Would you feel the same way about Mrs. Davis if the order she violated had been issued by a Kentucky court?

[PRB]

I don't know what law you have in mind. He had a woman arrested and put in jail for doing nothing wrong. He's a criminal. She deserves justice for what he did. Now he's holding the whole state of Kentucky hostage to his agenda.

she failed to perform her duties as the clerk. i would agree the punishment is excessive and ridiculous, but what's her salary for if she doesn't do her job or has not consequences?

[PRB]

The statutes in the enclosed PDF

http://www.lrc.ky.gov/lrcpubs/ib114.pdf

it says issue marriage licenses, it doesn't say "issue marriage licenses that you agree with and religiously approve of"/

[GunnyFreedom]

//

[RonPaulGeorge&Ringo]

it says issue marriage licenses, it doesn't say "issue marriage licenses that you agree with and religiously approve of"/

The Kentucky Code also says to issue marriage licenses in the county where "the bride" resides. It doesn't say anything about issuing licenses to marriages with no bride or more than one bride.

[Dianne]

The majority of people in the United States are against same sex marriage. So f'k the Supremes ... when will the people take over this lying bunch of fa'got bastards in the Congress and the Supreme Court.

What are you going to do when the next ruling comes down to take away your guns? Are you prepared to go to jail too.

At some point this chit has to stop !!!! We can't just roll over and play dead. They are walking all over our rights, every day !!

[Dianne]

The Kentucky Code also says to issue marriage licenses in the county where "the bride" resides. It doesn't say anything about issuing licenses to marriages with no bride or more than one bride.

Nice technicality !!

[Dianne]

I'm just saying, we have a ***** in the WH and a tranny for a spouse. We have 6 fat pigs on the Supreme Court, 2 lesbians and one with Alzheimer's. WTF, can't everyone see how they are dismantling our culture completely?

It's time to stop this chit. We need to take our country back... and that starts with the top !!! All the corruption is at the top.

[phill4paul]

I'm just saying, we have a ***** in the WH and a tranny for a spouse. We have 6 fat pigs on the Supreme Court, 2 lesbians and one with Alzheimer's. WTF, can't everyone see how they are dismantling our culture completely?

It's time to stop this chit. We need to take our country back... and that starts with the top !!! All the corruption is at the top.

Vote harder!

"Chit" starts at the bottom and works it's way up.

It starts with people like me that say "I will give no more until you rectify or perish."

[Dianne]

Vote harder!

"Chit" starts at the bottom and works it's way up.

It starts with people like me that say "I will give no more until you rectify or perish."

I do vote harder !!! There are 4 illegals who cancel the vote of my entire family. Welcome to Amerika

[Sonny Tufts]

The majority of people in the United States are against same sex marriage.

Guess again. Most polls say a majority favor it. Like most bigots, you're living in the past.

http://www.pewforum.org/2015/07/29/graphics-slideshow-changing-attitudes-on-gay-marriage/
https://en.wikipedia.org/wiki/Public_opinion_of_same-sex_marriage_in_the_United_States#Polls_in_2015
http://www.gallup.com/poll/184217/support-gay-marriage-stable-high-court-ruling.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles

[LibertyEagle]

I'm just saying, we have a ***** in the WH and a tranny for a spouse. We have 6 fat pigs on the Supreme Court, 2 lesbians and one with Alzheimer's. WTF, can't everyone see how they are dismantling our culture completely?

It's time to stop this chit. We need to take our country back... and that starts with the top !!! All the corruption is at the top.

You believe that Michele is a tranny? It's kind of hard to refute a grade school picture that looks like Michele.

[Peace&Freedom]

Guess again. Most polls say a majority favor it. Like most bigots, you're living in the past.

http://www.pewforum.org/2015/07/29/graphics-slideshow-changing-attitudes-on-gay-marriage/
https://en.wikipedia.org/wiki/Public_opinion_of_same-sex_marriage_in_the_United_States#Polls_in_2015
http://www.gallup.com/poll/184217/support-gay-marriage-stable-high-court-ruling.aspx?utm_source=Politics&utm_medium=newsfeed&utm_campaign=tiles

Not so fast, the AP poll in July showed the public as basically evenly divided (41% against the SCOTUS ruling, 39% in favor), with the split being 42% (pro) to 40% (against) on gay marriage. If anything, this statistically dead even status represents support for it as decreasing since the ruling. When pressed, people (56%) said it was more important to protect religious liberty than to protect gays (31%):

http://www.pbs.org/newshour/rundown/poll-shows-americans-divided-sex-marriage/
http://www.usatoday.com/story/news/nation/2015/07/18/ap-poll-sharp-divisions-after-high-court-backs-gay-marriage/30341661/

The polls are a moving target, heavily massaged by a decade of saturation marketing by the cultural left, who have been bombarding the public with relentless "We're victims! We're victims!" pro-gay marriage rhetoric and imagery (e.g., all those news stories that show, like clockwork, videos of gays emotionally embracing each other when they win in court).

The MSM networks didn't quite know what to do when they had to show victorious pro-cultural right imagery for a change (a woman of faith standing firm by her principles in jail, or Davis and her supporters celebrating when she was released). "Hey, our news footage is always supposed to fit the PC agenda, not the other sides'."