Kim Davis, the Rowan County clerk who has repeatedly refused to issue marriage licenses to same-sex couples, lost her bid for a stay when the U.S. Supreme Court denied her application.
They agreed that the Rowan County Office will issue marriage certificates to homosexual couples as long as her name would not appear on the certificate. The court giving authority for the Sheriff’s Dept. to issue the certificates instead, reports Fox News.
Yet shortly after her release, Kim Davis’ Attorney speaking on the Neil Cavuoto Show on Fox News states that no agreement of the such has been made, that Kim Davis was simply released for no reason by the Judge today and that she still retains her job and reserves the right to not issue marriage certificates. Neil commented back to the attorney, “…this does not make any sense what you are saying to me.”
Kim Davis claims that she was fine with gays getting marriage certificates in her county as long as her name did not appear on the actual certificate, which now is being refuted by her attorney, yet if we go back to July 7th 2015, we see a couple attempting to get a certificate and no mention of this was ever made. The office only states that they will not be issuing marriage certificates at this time, and that Kim Davis has the right to not issue them due to her Christian Beliefs. If this was truly the case, then why would Kim Davis and her staff proceed to inflame the situation staying silent when they could just simply explain this, and then this issue could try to be put to rest.
Did Kim Davis really condone homosexual marriage from the beginning as long as her name did not appear on the actual certificate? Or was this actually suggested by the Judge and attorneys after she was placed in jail as a compromise for her release? Her Attorney suggests this which was reported by various news sources was not and never true. Or are they just now trying to iron out the wrinkles in their story?
Former Gov. Huckabee was seen grandstanding shortly after her release on a makeshift stage set out in front of the local jail. Within less than 6 hours after Mrs. Davis’ release, we see a hot mess of comments and statements that simply, as Neil Cavuoto basicly said, this does not make any sense. I predict that this will be a total back fire on Huckabee running in the 2016 Presidential race. I understand trying to sway the Evangelical vote in his favor, but standing behind Kim Davis is a mistake, not because of her Christian beliefs, but because a web of lies is already unraveling.
— Gov. Mike Huckabee (@GovMikeHuckabee) September 8, 2015
I don’t think jailing Kim Davis was the right thing to do, she should have simply been forced to resign if she was derelict in her duties.
This is a text book case of hatred spreading its rotten wings under the cloak of Jesus Christ. Do you really think that Jesus would shun and brush aside those who hold different views? Did he not reach out to those who were left in the shadows? You shouldn’t need any book, tablet or anyone for that matter to tell you what is right and wrong. I don’t think anyone is qualified to state what IS God’s Authority. Secluding or casting aside peaceful people within itself is blasphemy on God’s Creation.
How this got started
The Rowan County Attorney’s Office said it has referred to the Attorney General of Kentucky Jack Conway’s office a charge of official misconduct against Davis. The decision of whether to file charges is up to the Attorney General Conway.
According to Kentucky Revised Statute 522.020,
A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, knowingly commits an act relating to his office which constitutes an unauthorized exercise of his official functions or refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office.
Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.
The Kentucky Attorney General may appoint a special prosecutor to investigate whether she violated the state official misconduct statute when her office refused to issue a license to a Rowan County gay couple.”We’re reviewing that matter,” said Leland Hulbert, a spokesperson for the Kentucky Attorney General’s office. “Whether or not our office assigns a special prosecutor about possible criminal charges, that is probably yet to be determined.” “I understand that passions are high on both sides of this issue, but we are a nation of laws, and no one can defy an order from a federal judge,” Conway’s office further noted.
On June 26, 2015, the U.S. Supreme Court ruled in the landmark case of Obergefell v. Hodges, 576 U.S. (2015), holding in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Following the ruling, eighteen counties in three states–Alabama, Kentucky, and Texas–continued to deny licenses to same-sex couples. Eleven in Alabama, as well as Rowan County, Kentucky, stopped issuing marriage licenses altogether rather than issue them to same-sex couples.
In August 2015, federal district judge David Bunning of the United States District Court for the Eastern District of Kentucky ruled she must issue marriage licenses to all applicants, and both that court and the Sixth Circuit Court of Appeals refused to stay that ruling pending appeal. The Supreme Court of the United States refused to allow Davis to continue to deny marriage licenses to all couples, gay or straight. “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,” a unanimous three-judge panel of the United States Court of Appeals for the Sixth Circuit wrote in refusing to extend an appeal for Davis. “There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal,” the panel further said.
However, Davis continued to defy Bunning’s order, even after the Supreme Court effectively upheld it. When several couples sought to obtain marriage licenses, Davis turned them down, saying she was acting “under God’s authority”. Some sources have questioned whether Davis, having been married four times, was acting hypocritically in the “application of her beliefs”.