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Hepburn

(21,054 posts)
Mon Jul 13, 2015, 12:27 PM Jul 2015

Same-sex marriage back in court in Kentucky

ASHLAND, Ky. - A federal judge is scheduled to hear arguments about a county clerk who is refusing to issue marriage licenses after the U.S. Supreme Court's ruling legalizing same-sex marriage.

Rowan County Clerk Kim Davis is one of a handful of local officials across the country who have refused to comply with the court's order. Davis and others say it violates their religious beliefs.

The American Civil Liberties Union sued Davis on behalf of two gay couples and two straight couples who were denied licenses. Davis told the Louisville Courier-Journal said that her "deep religious convictions" prevent her from complying with the Supreme Court's decision, and so she has decided to issue no more marriage licenses to any couple -- gay or straight.

...

Elsewhere, in East Texas, Rusk County Clerk Joyce Lewis-Kugle submitted her resignation Thursday, rather than comply with the Supreme Court ruling. County Judge Joel Hale, Rusk County's top administrator, said Lewis-Kugle wrote that she could not in good conscience issue marriage licenses to same-sex couples.


http://www.cbsnews.com/news/same-sex-marriage-back-in-court-in-kentucky/

I gotta hand it to the East Texas Clerk, Joyce Lewis-Kugle: While I do not in any manner agree with her views on same-sex marriage, I do applaud her for doing the right thing: She resigned. That is the correct thing to do when one cannot or will not do his/her job.

The article also states that 3 clerks in the Decatur County Clerk's office in Jackson, Tenn., resigned rather than be placed in the position of issuing same-sex marriage licenses. Congrats to these persons also for doing the right thing.
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Hepburn

(21,054 posts)
3. I do have to congratulate those who made the choice to stand by their beliefs.
Mon Jul 13, 2015, 12:32 PM
Jul 2015

I may not agree with their beliefs in any manner whatsoever, but they did do the right thing and, on the plus side, persons who can fulfill the job requirements will have jobs.

The Velveteen Ocelot

(115,964 posts)
2. Their job is to issue marriage licenses to people who qualify for them.
Mon Jul 13, 2015, 12:31 PM
Jul 2015

They don't get to decide who qualifies. Their job is strictly administrative. If they can't or won't fulfill the requirements of the job, they need to resign, as some have done, or be fired.

Hepburn

(21,054 posts)
4. If they are elected...not sure they can be fired.
Mon Jul 13, 2015, 12:35 PM
Jul 2015

However, I do not know the laws of other states re: elected officials who refuse to do their assigned duties.

I am glad that the ACLU went after one of the elected clerks.

The Velveteen Ocelot

(115,964 posts)
9. Then the remedy would be to get a writ of mandamus
Mon Jul 13, 2015, 01:34 PM
Jul 2015

which is a court order directing a public official (elected or otherwise) to perform a duty they are required by law to do.

niyad

(113,786 posts)
5. well, at least the ones resigning are doing the correct thing--if you don't want to do all of your
Mon Jul 13, 2015, 12:37 PM
Jul 2015

job, particularly when you are sucking at the secular, public teat, then resign and get a job in your religious enclave.

Hepburn

(21,054 posts)
6. I am wondering what the feddie courts are going to do to those who refuse and will not leave.
Mon Jul 13, 2015, 12:40 PM
Jul 2015

My best guess: Issue orders that they follow the law and if they do not, then I am seeing contempt citations. IMO, one should not defy a federal judge. Major oooooooooooops! The person held in contempt can be jailed until such time as he/she purges the contempt -- that is follow the court order. Problem with this: That makes these RR nuts heroes to too many, IMO.

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