I have been following the case of Kim Davis, a county clerk in Kentucky who has refused to let her office issue marriage licenses to all couples because of her opposition to same-sex marriage. She was, of course, sued, and a federal judge threw out her claim that her religious rights were being violated, and ordered her to issue licenses.
The judge did, however, delay the implementation of that ruling until August 31 to allow her to appeal to the US Sixth Circuit Court of Appeals. Yesterday, as widely expected, that court summarily denied her request for a stay pending a hearing on her appeal, stating what should have been obvious, that she has almost no chance of success. You can read the ruling here.
In it, the three-judge panel unanimously said:
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.
The ruling cited a precedent that said that “where a public employee’s speech is made pursuant to his duties, “the relevant speaker [is] the government entity, not the individual”.
So that should be the end of it right? Wrong. Because there is no limit to the sheer bloody-mindedness of same-sex marriage opponents like Davis. Today a couple, William Smith Jr. and James Yates that had twice before unsuccessfully tried to get a license, tried once again following the Appeals Court decision and were turned away yet again. An unnamed deputy clerk told them that they felt that they had until August 31 to refuse licenses.
This is nothing other than cussedness. She has lost her case at the Appeals Court level. Her lawyers say that she will appeal to the US Supreme Court but there is almost no chance that they will choose to hear her case. The licenses are undoubtedly going to be issued at some point but like a petulant child holding out until the very end, she wants to delay the inevitable as long as possible.
What will she do on Tuesday, September 1? My guess is that she will still hold out and get a contempt citation from the District Court judge. Then she will have to choose between giving in, resigning, paying ever-increasing fines, or going to jail, the last three being the Christian martyr options.
The question of whether her side will have to pay the legal and court costs of those couples who successfully challenged her, and whether those costs will be borne by taxpayers, will also come up.
What an awful person.
She could always hold her breath until the judge relents. I believe that has quite a track record for petulant children.
Would it shock you to learn that Davis has been married four times?
http://thinkprogress.org/lgbt/2015/08/06/3688648/kentucky-county-clerk-job-suit/
Is she a black widow killing her husbands? (In which case, why isn’t she being investigated?)
Or is she a three time failure at marriage and not qualified to judge who should or shouldn’t?
left0ver1under,
But that just proves that she loves heterosexual marriage so much that she can’t get enough of it.
The question of whether her side will have to pay the legal and court costs of those couples who successfully challenged her, and whether those costs will be borne by taxpayers, will also come up.
And I hope the fact that they’re refusing to comply, despite having essentially no change of winning a legal victory, is taken into account when making that decision. It’s one thing to force a lawsuit when you think you’ve got a reasonable case. It’s another thing to childishly delay as long as possible, even though you’ve made your argument and lost.
Those first two lines were supposed to be a quote. Damn you, Tpyos! You win this time!
It seems reasonable to study this by ‘following the money’. In this case I strongly suspect that she is being advised, represented, and financially supported by various groups with the whole thing being drug out to preposterous extremes for maximum political and propaganda effect.
While it is true that this woman is old enough to have but a limited number of working years left this sort of event is the kiss of death for any remaining career prospects. If past experience rings true she is being compensated, perhaps generously. But as soon as the case is settled, with the likelihood she will be fired, she is may be disappointed in how fast the support is withdrawn.
Following the money can be a useful method in examining situations. An interesting fact is that many in the Quiverfull movement, and plural marriages with many children, are quite dependent upon AFDC, EITC, food stamps, and similar welfare programs to keep their lifestyles economically viable. Of course, as with anything else, most of these organizations are white, Christian, and conservative so the standard double standard, and media inattention, applies.
This is the head of the group representing Davis. I know, hard to believe. 🙂
http://americanloons.blogspot.com/2013/01/372-mathew-staver.html
Well looky there! ^^^
It’s the dumbest lawyer in America not named Larry Klayman!
Then she will have to choose between giving in, resigning, paying ever-increasing fines, or going to jail, the last three being the Christian martyr options.
I am constantly on the fence about the whole thing of throwing christians to lions. I think it’s a reasonably good idea, but it’s not fair to the lions. I mean, they’re a bunch of bloodthirsty parasites who’d turn on you and kill you in a heartbeat if they thought they could get away with it. By which I mean the christians, not the lions. So it’s almost self-defense.
It is only a matter of time before she caves under the financial burden and looks to crowdfunding to save her from her own martyrdom (i.e. foolhardiness).