Why Kim Davis is in Jail

Alright, what is going to happen now is that information is going to be imparted. The readers may not like the information and may not even agree with it. You are entitled to your own opinion but you are not entitled to your own facts. If you cannot comprehend that item in and of itself please stop reading as you lack the capacity to comprehend the information that is being conveyed.

The topic we are educating people on is Kim Davis the Kentucky clerk and why she is in jail. I will bring forth as much relevant information as possible. This will involve several legal areas. I am not a lawyer, you are not receiving legal advice.

On June 26, 2015 the Supreme Court ruled in a case called Obergefell v. Hodges. This is a case that went through the lower court and the appeals court and eventually agreed to be heard by the supreme court. The history of this case and it’s movement through the courts can be seen here:

http://www.scotusblog.com/case-files/cases/obergefell-v-hodges/

14 same sex couples and two men whose same sex partners are deceased claiming that the states where the 14 couples reside (Michigan, Kentucky, Ohio, and Tennessee whose law defines marriage as one man and one woman violate the 14th amendment.

Please read the 14th amendment here:

https://www.law.cornell.edu/constitution/amendmentxiv

The ruling by the Supreme Court that came out on June 26, 2105 includes a syllabus with over 40 cases that are relevant to the history and current status of how marriage is recognized by both federal and local governments.

The opinion of the majority of the supreme court includes statements as to the history of marriage and it’s legal status. Also included is relevant information on homosexuality and the relationships therein. Page 17 of the opinion of the court includes this statement: “There is no difference between same-sex and opposite-sex couples with respect to this principle. Yet by the virtue of their exclusion from that institution, same-sex couples are denied the constellation of benefits that the States have linked to marriage. The harm results in more than just material burdens. Same-sex couples are consigned to an instability many opposite-sex couples would deem intolerable in their own lives.”

The opinion continues on but that is part of what stated in the majority opinion. The distinct line in the opinion on page 19 states. “The right of same-sex couples to marry that is part of the liberty promised by the 14th amendment.”

The full ruling can be read here:

http://tinyurl.com/o9rrhtc

Again, you may not agree with SCOTUS but the job of the supreme court is to interpret the law. I disagree with Citizens United and Bush v. Gore but the Supreme Court made it’s ruling. Until they change their mind or Congress makes other law(s). This is what you have. The fact is SCOTUS sees the right to same sex marriage as part of the 14th amendment. If you can’t agree with that please stop reading because you are not of the mental capacity to continue to be informed.

With this ruling the Supreme Court said that same-sex marriage is legal in all 50 states.

On August 12, 2015 Kim Davis a clerk in Rowan County, Kentucky was issued a ruling after refusing to produce a marriage license for April Miller and several other plaintiffs. The cited Kentucky statute 402.080, 402.100, 402.220

402.080 can be seen here:

http://tinyurl.com/qa7hq9z

Basically it says the clerk’s job is to issue marriage licenses.

402.100 can be seen here:

http://tinyurl.com/p887mrg

Basically it say the process of keeping the social security numbers confidential.

402.220 can bee seen here:

http://tinyurl.com/n9h6nx3

Basically it says the person who preforms the wedding needs to get that back to the clerk within 30 days.

There are a few others mentioned in the ruling but if she refuses to issue a license and refuses to accept one that has been completed she is in violation of all these laws.

The judge included this in his ruling:

In the wake of Obergefell, Governor Beshear issued the following directive to all county clerks:

Effective today, Kentucky will recognize as valid all same sex marriages performed in other states and in Kentucky. In accordance with my instruction, all executive branch agencies are already working to make any operational changes that will be necessary to implement the Supreme Court decision. Now that same-sex couples are entitled to the issuance of a marriage license, the Department of Libraries and Archives will be sending
a gender-neutral form to you today, along with instructions for its use.

There was more but basically a judge said that she needs to issue marriage licenses.

The ruling can be seen here:

http://tinyurl.com/p8ylmdn

Of course Kim Davis gets due process so she appealed to a higher court and then an appeals court and then to the supreme court which refused to hear her case and since all the other appeals courts said she needed to issues marriage licenses she was stuck with the ruling she received in August.

The Judge was informed by the plaintiffs that she was still not issuing marriage licenses. So she was found in contempt of court. Her contempt citation falls under the willful failure to follow a lawful order of the court. She is what is called in direct contempt.

Now the question has been asked how long can she be held in jail for. The answer is technically forever. Which yes is more time then murders and rapists may get, however the catch is she can leave by simply agreeing to follow the order of the court. How long she is held for is strictly up to her.

Now there are those who would say that her religious freedoms are being violated. Well the multiple courts she went through don’t agree with you. Again you may not like it, you may have a strong opinion on it but the fact is the courts disagree and have said her religious freedoms are not being infringed. I agree with the court in this matter if she doesn’t want to marry a woman she doesn’t have to. She can hold her nose while issuing marriage licenses for same sex couples but issue them she must.

Now for the fun part. Will she if she does not comply stay in jail forever? No. Since she is an elected official she cannot just be fired. She can be impeached by the state legislation but that is unlikely to happen and would require a special session if they are not in their regular session. The governor or the State Attorney can appoint a special prosecutor and if she is found in violation of her job and or her oath she can be fired. She would of course be allowed to appeal and it could go on for a long time. She does not win her reelection in which case she is no longer clerk and she has no power to make any decisions on marriage licenses.

Now for the rub. While she is jail the deputy clerks are issuing licenses. That have been pre signed. If she gets out of jail on an appeal (yes she is going to appeal her contempt ruling, all part of due process) she can say that all of the licenses issued while she was in jail are null and void. This creates another legal issue. Which could mean this whole thing goes back to the supreme court again for different reasons. Kim Davis can also resign.

Now I have put forth the education. What is not going to be acceptable is hearing, what law did she break, she didn’t break any law. Yes, she did. She broke several. The courts don’t have this right. Wrong they do it is part of the job of the courts to do this. It infringes on her religious freedom guaranteed by the 1st amendment. The 1st amendment religious freedom is not unlimited or all powerful. You cannot make human sacrifices, Mormons can’t be poly, and your religious freedom stops at the end of your nose because it only pertains to you and not everyone else who thinks your religion is silly.

Do not come forth with this is a Christian nation it isn’t and claiming so will only show how stupid you are. Kim Davis can still be whatever type of Christian she wants. However she can not make the rest of us obey her version of it.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>