Court delivers brutal ruling against Kim Davis

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For her Resistance is Futile, but for the LGBTQ it is victory.
In 2015, Christian fundamentalist Kim Davis (who was serving as clerk of Rowan County, Kentucky at the time) was praised by the right wing after refusing to issue marriage licenses to same-sex couples — a violation of federal law. The U.S. Supreme Court had just, in effect, legalized same-sex marriage all over the country with its ruling in Obergefell v. Hodges. Some same-sex couples filed a lawsuit in response, and a federal appeals court has reaffirmed that the State of Kentucky will have to pay a hefty amount thanks to Davis.

The U.S. 6th Circuit Court of Appeals in Cincinnati, on Friday, ruled that the State of Kentucky must pay almost $225,000 in legal fees that same-sex couples incurred because of their lawsuit against Davis. With this decision, 6th Circuit Court of Appeals was upholding a previous ruling by a federal district judge that ordered the State of Kentucky to pay that amount.

In its ruling on Friday, the 6th Circuit Court of Appeals wrote, “Because Davis acted on Kentucky’s behalf when issuing and refusing to issue marriage licenses, the district court correctly imposed liability for the award on the commonwealth.”

It continued: “The district court ruled that Davis, as an official, acted on Kentucky’s behalf, meaning sovereign immunity protected her. Plaintiffs dispute that ruling. The court also ruled that plaintiffs pleaded a plausible case that Davis, as an individual, violated their right to marry and that the right was clearly established, meaning qualified immunity didn’t protect her. Davis disputes that ruling. We agree with the district court on both issues and therefore, affirm.”

The U.S. Supreme Court reached its 5-4 decision in Obergefell v. Hodges in June 2015, recognizing same-sex marriage as a constitutional right. The four right-wing dissenters in that case were Justice Clarence Thomas, Justice Samuel Alito, Chief Justice John Roberts and the late Antonin Scalia — all appointed by Republican presidents. But the person who authored the decision for the majority in that case was not someone on the left wing of the Court, but rather, libertarian Justice Anthony Kennedy — a right-of-center Ronald Reagan appointee who tended to be fiscally conservative but liberal on social issues. Kennedy retired from the High Court in 2018 and was replaced by President Donald Trump’s nominee, Justice Brett Kavanaugh.

The 6th Circuit Court of Appeals, in its decision on Friday, noted that because of the Supreme Court’s landmark ruling in Obergefell v. Hodges, same-sex marriage became the law of the land in the United States. But because “same-sex marriage offended her religious beliefs,” the 6th Circuit wrote, “Davis took matters into her own hands. One day after the Supreme Court released Obergefell, Davis stopped issuing marriage licenses. She didn’t discriminate against same-sex couples, though; she stopped issuing licenses altogether. That meant that when plaintiffs — two same-sex couples who lived in Rowan County — sought marriage licenses from the Clerk’s Office, they couldn’t get them.”

In an opinion concurring with the majority of the court’s conclusions, Judge John Bush found that “Davis knew or ought to have known, to a legal certainty, that she could not refuse to issue marriage licenses, as was her duty under state law, because of moral disapproval of homosexuality. And if Davis truly believed that she had a right under [Kentuck law] to not issue marriage licenses, she should have sought and obtained judicial confirmation of her claim. That, she did not do.”
https://www.alternet.org/2019/08/court- ... marriages/

Lucky the SCOTUS ruled on this case before we had the current court, otherwise it might have gone the other way.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: Court delivers brutal ruling against Kim Davis

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Sincerity of religious belief is her main legal defense. Legal team cry 1st Amendment free speech for a civil servant refusing to perform her official duty. Bit of a contradiction for separation of church and state ain’t it?
"It is better to be violent, if there is violence in our hearts, than to put on the cloak of non-violence to cover impotence. There is hope for a violent man to become non-violent. There is no such hope for the impotent." -Gandhi

Re: Court delivers brutal ruling against Kim Davis

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Bisbee wrote: Sun Mar 20, 2022 3:56 am Sincerity of religious belief is her main legal defense. Legal team cry 1st Amendment free speech for a civil servant refusing to perform her official duty. Bit of a contradiction for separation of church and state ain’t it?
Absolutely. People need to realize there is a distinction between ones own beliefs and convictions and their performance as public servants.
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"Resistance is futile. You will be assimilated!" Loquacious of many. Texas Chapter Chief Cat Herder.

Re: Court delivers brutal ruling against Kim Davis

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sikacz wrote: Sun Mar 20, 2022 9:55 am
Bisbee wrote: Sun Mar 20, 2022 3:56 am Sincerity of religious belief is her main legal defense. Legal team cry 1st Amendment free speech for a civil servant refusing to perform her official duty. Bit of a contradiction for separation of church and state ain’t it?
Absolutely. People need to realize there is a distinction between ones own beliefs and convictions and their performance as public servants.
Yup, "public" meaning everyone.
A rain a-fall, but the dirt it tough
A yut a yook, but yood nah nuff
- Bob Marley

Re: Court delivers brutal ruling against Kim Davis

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tonguengroover wrote: Sun Mar 20, 2022 11:00 am
sikacz wrote: Sun Mar 20, 2022 9:55 am
Bisbee wrote: Sun Mar 20, 2022 3:56 am Sincerity of religious belief is her main legal defense. Legal team cry 1st Amendment free speech for a civil servant refusing to perform her official duty. Bit of a contradiction for separation of church and state ain’t it?
Absolutely. People need to realize there is a distinction between ones own beliefs and convictions and their performance as public servants.
Yup, "public" meaning everyone.
Kim Davis as a county clerk was performing "ministerial duties" that is she had no discretion, in other words it is a "shall issue" process. According to the judge her constitutional rights did not trump those of same sex couples applying for a marriage license. Hope she gets hit with high punitive damages, but her right wing supporters will probably pay them for her.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: Court delivers brutal ruling against Kim Davis

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I'm sure the "Yam Man" will see to it she is well taken care of !!! Buwuwaaahahahahaha !!! But not outta his pocket - just his normal sucker list will pay - if at all !! FDT & FKD
"Being Republican is more than a difference of opinion - it's a character flaw." "COVID can fix STUPID!"
The greatest, most aggrieved mistake EVER made in USA was electing DJT as POTUS.

Re: Court delivers brutal ruling against Kim Davis

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CDFingers wrote: Sun Mar 20, 2022 11:54 am Entitled people who believe stuff are dangerous to a free society.

When she is forced to declare bankruptcy due to the civil suits, I believe she can then take a vow of poverty and become closer to her deity.

Oh, that's rich.

CDFingers
Not that I'm a believer, but I'd like to be a fly on the cloud wall when she has her discussion about this at the pearly gates. I can just imagine the conversation with St. Peter and his BFF, JC. LOL
"Being Republican is more than a difference of opinion - it's a character flaw." "COVID can fix STUPID!"
The greatest, most aggrieved mistake EVER made in USA was electing DJT as POTUS.

Re: Court delivers brutal ruling against Kim Davis

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CDFingers wrote: Sat Oct 01, 2022 2:16 pm "But, but I wish it to be so!"

That's her defense. Fail.

CDFingers
She is not allowed to use the TOS defense. That defense is reserved to be used only by him, as he has thought that it belongs to him alone.
Facts do not cease to exist because they are ignored.-Huxley
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis Brandeis,

Re: Court delivers brutal ruling against Kim Davis

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highdesert wrote: Sat Oct 01, 2022 1:30 pm I expect Liberty Counsel will appeal on her behalf to SCOTUS. Interesting to see if there are 4 votes on that court to hear this case, it will depend on the issues being argued.
The Kentucky Attorney General is a #MoscowMitch acolyte, and I would not be surprised to see him challenge the ruling.

He's already made it known that he considers people who can get pregnant to not have bodily autonomy if they're pregnant--he's made it illegal (for now) to get an abortion, and the Legislature is populated by people who also think women are to be subservient to their religious insistence that men are the rulers of society. There are many in the Legislature who side with Kim Davis, sadly.
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