Tuesday, September 01, 2015

KY clerk still refuses to issue same-sex marriage license after Supreme Court order, could face contempt-of-court citation

Kim Davis, a clerk in Rowan County KY, still refuses to issue a same-sex marriage license to a specific male couple, even after a Supreme Court ruling saying she must do so.  According to a story by Adrian Campo-Flores in the Wall Street Journal, she must appear before a federal judge Thursday over a motion to hold her in contempt of court, link here

NBC News has a story by Erin McClam and justice correspondent Pete Williams, showing a extended video of an angry confrontation between Davis and the male couple in a video, link here. One in the couple said, “I pay your salary to discriminate against me.”
She has refused to resign (which is normally what someone must do if unwilling to carry out a lawful order because of religious belief, or, as she cites, "God's law"). 

Update: September 2

Although she could face a contempt citation and personal fines, she cannot be "fired".  That requires impeachment and the involvement of the state legislature, as NBC explains here. The Washington Post has a detailed biography of Kim Davis today here (a "Heaven and Hell" issue).  Vox (German Lopez) explains further, and notes that for right now Davis has refused to issue all marriage licenses. Jonathan Adler of the Volokh Conspiracy explains a piece by Antonin Scalia which would show that Davis should resign if she cannot follow the law, here.

Update: September 3

Kim Davis has been held in contempt of court and is in custody of US Marshalls,  In her absence, her office can issue marriage licenses (ThinkProgress story). Curiously, Donald Trump sidestepped a question about this Thursday afternoon.

Update: September 4

There are reports that she had been offered a chance to "stay out of jail" if she would allow her subordinates to offer the licenses, and she refused.  The Post reports that the county is now offering marriage licenses again under federal court supervision, here.

Her attorney explained to CNN that her name would be on the license, and that is one of the problems.  To me, that says she should resign from the job immediately. Jail confinement under a contempt citation is ironically a "civil action" under the court.  

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