KENTUCKY: Court Grants Clerk Kim Davis Temporary Stay While Appeal To Sixth Circuit Is Being Considered

Last week a federal court ordered Kentucky county clerk Kim Davis to immediately begin issuing marriage licenses to all qualified couples. The very next morning her office turned away two couples as Davis filed for a stay while she appeals. This afternoon that court denied her request for a stay pending the result of her appeal, but granted her request for a stay until the higher court decides whether to hear the appeal at all. If the Sixth Circuit decides to hear her appeal, they will likely grant a stay pending the conclusion of their review. Confusing, yes. Equality Case Files has the ruling.

stayyy

  • ClevelandJim

    SUCH fucking bullshit.

  • CubbyPQ

    It seems to me most (all?) of the stays issued in the same sex marriage cases over the last decade have resulted in the continuation of harm to the couples who want to marry but are prevented from doing so. Once again, a couple cannot be married because of a stay.

    • noni

      You’re absolutely correct.

      The reason?

      Gays are second class citizens thus they just don’t matter.

    • Gerry Fisher

      It’s hard to be patient at this stage of the game. Probably because, given the number and nature of our wins on this issue, we shouldn’t *have* to be patient. [grumble]

    • Reality.Bites

      They can marry – just not in that county. That’s wrong, but the injustice they’re suffering is not on the same level of the couples in the last round of cases who couldn’t marry at ALL, or couldn’t have their marriage recognized where they live.

      Of course some couples don’t have the means or for other reasons can’t travel to the next county, and for that reason it’s important this be settled.

      • clay

        LC has claimed that since one of the couples traveled all the way to the District Court, they were at fault for not taking advantage of the County Clerks along that way.

        • StraightGrandmother

          Really? Now they are scraping the bottom of the bucket to come up with excuses.

          • clay

            Yep, and that wasn’t just in their public statements, but in their court filings– motion to dismiss.

        • Reality.Bites

          Now that’s absurd, of course. Even if they do decide to obtain a license elsewhere, it changes nothing about their case and their right to obtain a license in their home county.

        • Bob M

          Maybe the law is different down there regarding where you get your marriage license. In PA you get it in the county where you will be married, regardless of where you live. Coming from out of state for a “destination wedding”, you don’t bring it from home, you get it where the destination is.

          • Reality.Bites

            In most states a license is valid state-wide. That is the case in Pennsylvania as well. There’s nothing stopping a couple planning to marry where they grew up in Pittsburgh from obtaining the license ahead of time in Philly where they live now.

            http://secureprod.phila.gov/wills/marriagelicense.aspx

            (Item 4)

          • Bruno

            GayOldLady was saying that in Tennessee one has to get the license in the same county as the ceremony. That’s why she had to travel to Nashville…because the county judge stopped officiating weddings and they couldn’t find any other officiant in their small county who would marry them.

          • Reality.Bites

            That’s not the case in Tennessee either, from what I can determine.

            http://www.knoxcounty.org/clerk/marriagelicense.php

            Before a marriage can occur in Tennessee, a license must be obtained from the County Clerk. The fee is $97.50. The fee is reduced to $37.50 if the couple completes a Premarital Preparation Course. There is no waiting period, the marriage license is valid for thirty (30) days from issuance, and is good for ceremonies performed anywhere in Tennessee.

            But of course if the place I lived in had stopped performing weddings I’d be damned if I’d give them the revenue from my license.

          • Bruno

            Maybe I misunderstood her problem then…but she did say she had to travel to Nashville to get around it whatever it was.

          • Reality.Bites

            Well it would not be at all surprising that there would be no one where she lived who was willing to perform the ceremony. If there’s no civil option that leaves only religious marriage and even if there happens to be an LGBT-inclusive religious body in the area, they may well only marry members of their congregation or at least of their faith. A Reform rabbi, for example, even one who is LGBT, would not marry two non-Jews.

            (Hell, in Toronto where I live the Reform temple won’t even perform inter-faith opposite-sex weddings where one person is Jewish, although they’ll happily marry same-sex couples where both are)

          • clay

            and I bet those Premarital Preparation Courses are only available for mixed-sex couples.

          • Oscarlating Wildely

            …except we in Philly don’t like people from Pittsburgh….

            Carry on.

          • GC

            The City of Brotherly Shove?

      • BudClark

        SLGHTLY OT: I hope that ANCIENT couple in Australia gets to marry … the older of the two is 87, and VERY frail.

        It’s almost like not wanting to be the last soldier killed at the end of a war …

        • JT

          Abbott is scum for preventing this and other marriages from happening.

    • StraightGrandmother

      Yeah the old, Gay Means Stay…

    • Michael Rush

      it makes a joke of the long awaited supreme court decision , which you would assume to be final .

      i assume the couples who have been delayed can sue for an enormous amount of money , i’m not normally a fan of that approach but in this case YES .

      • Buford

        The Hood County Texas case just closed… Hood County paid the $44K court costs of the gay couple who sued their county clerk when she repeatedly refused to issue their marriage license.

        Makes me wonder if a court wouldn’t also entertain a settlement for damages?

    • JT

      I hope there is a civil suit against this unspeakable cretin which sends her into the gutter where she belongs and empties the coffers of her legal consultants for conspiracy.

  • MattM

    “When reached for comment, Ms. Davis had this to say…”

    • Sk3ptic

      This might actually work:

      • Gerry Fisher

        LUV this!

    • Chucktech

      She’s nowhere near that pretty…

      • KCMC

        and is this thee one painful outfit throughout the lingering process?

        • Nic Peterson

          And behold her adoring fans, so plump in their pre-diabetic white trashiness. Why I bet the Piggly Wiggly is like a ghost town right now.

          • KCMC

            cough. must stop attempting reading here mid-oatmeal eat/spitting.

          • Steverino

            One almost needs a panoramic setting on the camera to capture that bunch.

    • JT
  • KenDC

    No, it is not all that confusing. The lower court has said you may continue your bigoted ways until the appeals court indicates whether it will take up the issue. If the appeals court decides to consider the issue, the appeals court itself would likely issue a stay. If the appeals court takes a pass, this miserable woman is SOL. Attorneys do not habitually complain about how confusing what you all do is, and we would appreciate the same forbearance.

    • Bob Black

      At least they have stopped screaming “just fire her!” in the comments section. Seriously, who doesn’t understand the difference between an elected official and an employee? Nevermind, apparently a lot of commenters here don’t. I just answered my own question.

      • Maybe that’s because, in some jurisdictions in the US, she COULD be fired or released without having to get the entire KY legislature involved?

        Not all legislative areas are the same.

        • Bob Black

          THIS case is in Kentucky. Silly me, I try to keep my comments germane to the story I am actually reading.

          • Maybe 95% of the population (myself included) doesn’t know the ins-and-outs of Kentucky public service law?

            Maybe they’re using generally applicable laws, instead, and not the nuanced version that comes with being a public servant?

          • Bob Black

            County Clerks being elected officials is the norm in 95% PLUS of the country. They may go by different names but virtually everyone in America will go to an office that is run by an elected official to get their marriage license. The reason they don’t understand it is NOT because Kentucky’s system is obscure or unusual, but because they are ignorant of how their own government works at the local level.

          • I can’t say I’m much different, and I won the grade-level American Legion Americanism exam at my HS twice!

            The local and township questions were MURDER.

          • DN

            Dude… Don’t even with Bob Black, the King of the NALTs. He’s not worth the effort.

      • David Walker

        There are times steam needs to be blown off. Doesn’t need to be logical or what the law allows, but ventilation needs to happen. And in the larger scheme of things, how much does that matter? Writing “fire the bitch!” feels pretty good, not unlike the “this is bullshit!!!1!” that’s happening today.

      • ben-andy

        Everybody wants to say “You’re fired” and have it stick. And thus the Donald’s current popularity.

        • Steve Teeter

          So how long is it likely to take for the appeals court to make up their mind?

      • Mark_in_MN

        Positions like hers aren’t elected everywhere. They probably shouldn’t be elected anywhere.

        • teedofftaxpayer

          In some states they’re elected by Party as in Nevada. I just find it interesting since it not her actually issuing the licenses, she’s complaining since her name APPEARS on the licenses.

      • it’s important to remember that there are ways to unseat an elected official. it varies from place to place, and sometimes it’s a really complicated process. but no govt official is completely safe from removal, not even the SCOTUS (i think treason qualifies for them).

        anyway, the point is that it’s mostly politics here. grandstanding for one side, grifting as well. political posturing for lots of folks. ultimately, a waste of taxpayer money, too. what annoys me is that the system is designed to give bigots like this one every opportunity and then some to martyr herself upon.

      • noni

        More advice from the Andrew Shirvell school of law.

        https://www.youtube.com/watch?v=gNDVDo_A9pI

        • StraightGrandmother

          Oh yeah I remember him, an Assistant Attorney Genral for the Stae of Michigan. He got fired.

        • Lumpy Gaga

          Love when he calls Anderson “Chris”. Nope, not obsessed at ALL.

    • Ian

      Oy, as a court clerk in my interning days, I stopped giving out all my attorney-forbearance on the advice of the judge I worked for after he threw out a ctrl+c; ctrl+v motion for sanctions. I still wonder how some manage to put on pants in the morning, let alone pass the bar. šŸ˜‰

    • Mark_in_MN

      No, it’s not all that confusing, but I think it’s a valid criticism that law isn’t as straightforward as it could be. The law and the way things are done by lawyers and courts is overly complex. If it was just an in house lawyerly thing that didn’t effect others, the call for “forbearance” would be justified, but that is definitely not the case and the legal profession and the courts should be more transparent, less arcane, not as slow, and more responsive to citizens.

    • Edd

      It’s amazing that a no-it-all like yourself isn’t running the country. Who gives a rats a$$ what attorneys habitually complain about or not?

      • StraightGrandmother

        Ouch!

    • Gerry Fisher

      On the one hand, you’re absolutely right. No debate on the legalities. On the other hand, there can be a fine line between “following due procedure” and “justice delayed is…,” well, you know.

      For example, for the most part, the cops and prosecutors in Ferguson were following due procedure. And their due procedure has had evil woven into it (bilking the poor to prop up Barely Cities).

      This woman never would have pulled this stunt if the Massachusetts or Maryland legislatures could remove her from office with a vote. She’s…”fortunate.” For now.

      • noni

        That’s why Liberty Counsel picked this particular clerk and 6th circuit location

    • Chucktech

      The lower court has said you may continue your bigoted ways until the appeals court indicates whether it will take up the issue AFTER she thumbed her nose in defiance of a court order.

  • bkmn

    Has anyone checked this woman’s scalp for signs?

    • Anastasia Beaverhousen

      It only has 665, she not quite the anti-christ.

      • Dazzer

        Nah, it’s actually 667. She lives next door to the anti-Christ but still bitches about the state of his lawn.

  • Bruno

    I could see this one a mile off. District judges don’t want to be quickly overruled by appeals courts on these emergency-type issues. Still, annoying as fuck.

  • crewman

    This isn’t too surprising to me. If I understand what the ruling says, she lost the case and is appealing. She (eventually) requested a stay of the original ruling until the appeal is heard. The judge denied that stay request, but that stay request decision is also being appealed. He agreed to stay the ruling on the stay request until the 6th Circuit decides to hear the appeal. (Can anyone correct any mistakes I made here?)

    • Chucktech

      Problem with that reasoning is that she directly disobeyed a judge’s orders while thrashing around in her god-besotted defiance.

    • 2amor

      The way I read this is; the judge has issued a temporary stay to the original stay until the 6th Circuit rules if a stay is warranted. However, Equality Case Files is confirming this language now.

      • Mark

        Reads like an Abbott and Costello routine!

        • 2amor

          Indeed it does!!

    • Homo Erectus

      I need a drink.

  • Mark

    BULLSHIT!!!!!!

  • noni

    I guess Karma has to do it’s job on Clerk Kim Davis.

    How might that be assisted?

    • TampaDink

      Hubby #4 could come out as gay & become engaged to her assistant clerk who is also her son.

      • Homo Erectus

        Maybe there is a god………..

        • TampaDink

          With a genuine sense of humor.

  • Ed Burrow

    so…could this be the case that makes it up to the supremes?
    if so…as the old saying goes, be careful what you wish for…

    • Bruno

      It’ll make it up to them, but I don’t know if they would grant cert on it. It depends on how the 6th rules.

  • Bluto

    Why isn’t this hillbilly harlot in jail for contempt?

    • noni

      She prayed to Jesus and he answered her prayers.

    • Marc

      ā€œNo union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilizationā€™s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

      ā€œThe judgment of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered.ā€

      What’s so frakking difficult for her or the Sixth Circuit to understand?

      • OrliJoe in Fla

        Test case for The Supremes!

    • GunnaHurt

      She’s in Kentucky. That’s why.

    • MattM

      Hillbilly harlot? Sounds like a Ted Nugent song.

      • Cuberly

        Waaaaaay to old for Pedo-Teddy.

        • MattM

          Doesn’t a raped child become a harlot? Mike Huckabee thinks 10 year old rape victims who become pregnant are birth mothers.

          • Cuberly

            True, and it seems the GOP has pivoted to the position of no exceptions ever, witness Walker’s derpery during the debates.

            Ugh! I need a beer.

          • GC

            No exceptions to the 20-week abortion ban for rape, incest, or severe fetal abnormality — at least he’s being consistent in his inhumanity to the actual, living, breathing people (yes, women are people!) who are dealing with these pregnancies.

            An embryo is a potential child. Let’s not let the Greedy Old Party use emotionally loaded language, calling it a “baby” or an “unborn child”, in order to subjugate women and reduce them to baby-making machines.

          • GC

            Also, it shouldn’t even f—ing matter whether an embryo is a “person”: Eileen McDonagh has argued that pregnancy, with its major bodily changes, increased vulnerability, and significant risks of medical complications, is a serious assault on a woman’s body and liberty. If a woman didn’t consent to the pregnancy (and no, consent to sex doesn’t imply consent to pregnancy!), she’s entitled to defend herself, whether the assault was caused by a “person” or not. And, further, just as if she were being attacked by a rabid dog or by a man with a knife — note that the attacker’s “personhood” is irrelevant — the state can and must assist her in that defense — YES taxpayer funding for abortion!

            “Abortion Rights after South Dakota”, Eileen McDonagh, Free Inquiry 26(4), May 17, 2006, http://www.secularhumanism.org/index.php/articles/2867 (paywall — maybe someone has better Google-fu than I)

            “The Next Step After Roe[…]”, Eileen McDonagh, Emory Law Journal 56(4), archived at https://web.archive.org/web/20120916174434/http://www.law.emory.edu/fileadmin/journals/elj/56/4/McDonagh.pdf

            Breaking the abortion deadlock : from choice to consent, Eileen McDonagh, New York : Oxford University Press, 1996. Google Books: https://books.google.com/books?id=btJWEoAAYNUC
            WorldCat (find it in a library near you): http://www.worldcat.org/title/breaking-the-abortion-deadlock-from-choice-to-consent/oclc/33403747

          • clay

            Surely, every 11 year old raped by her step-father would have reported it and received assistance within 20 weeks, surely. I mean, come on, that’s like a single school semester!

          • Homo Erectus

            Where does that leave the Duggar girls?

          • MattM

            Old maids.

    • JT

      http://i.ytimg.com/vi/trjRLkvCJt8/hqdefault.jpg
      Go back to mud wrestling, where you belong.

  • clay

    It’s not about Kim Davis; it’s about Kim Davis’ Office. It reads as if the stay only applies to her, personally, but we all know she’ll apply it to the entire County Clerk’s Office.

    • David Walker

      Yeah. She’s really generous that way.

  • Ian

    If I were a Federal Judge, I would zealously enforce my orders, not give out stays like they give out lolli’s to kids with skinned knees. Follow my orders, appeal them and get a stay from my boss, or go to jail, those are your options in my court. Gee, if only there were Federal guidelines in case law that govern when a stay is warranted and when it’s not…oh wait, THERE ARE!

    • Bob Conti

      Exactly. The judge should’ve said no, I’m not staying my own order. File an emergency petition to the Sixth Circuit and let it be its problem.

  • Rebecca Gardner

    This is fucking bullshit! She wanted the job now she has to do it. She is free to worship whatever invisible sky daddy she wants to but that does not mean she gets to not do her job and deny the people of her county their rights. This has nothing whatsoever to do with religious liberty and every thing to do with bigotry and hate.

    What if her “deeply held religious beliefs” makes her not want to marry minorities, or inter racial couples, or the elderly, or the infirm? She is also a hypocrite because if she did believe in her BuyBull then she’d know her own life is in jeopardy as per Leviticus 20:10.

    Fake Christians with black hearts. I don’t think her Jesus would approve.

    • teedofftaxpayer

      Any bets on once she loses her case, she’ll run for re-election anyway.

      • Homo Erectus

        She’ll be a hero.

        • ChuckV

          Until the taxpayers get the bill for the subsequent lawsuits.

          • StraightGrandmother

            If I am not mistaken her county has refused to defend her, they are not paying any legal bills. She is responsible for this personally. I wonder when the Plaintiffs win if Liberty Council is going to pony up for the Plaintiffs attorneys fees. They must have promised her this unless she is relying on prayer & fasting again.

          • Schlukitz

            Isn’t Liberty defending her pro bono?

          • Shy Guy

            Yes, but when she loses, she should be liable for the couples’ legal fees incurred in forcing her to obey the law.

          • Schlukitz

            Ic

          • ChuckV

            I’m not familiar with the details, I’d love it if she were personally responsible.

            @disqus_KxHw8zfPje:disqus , there is a difference between representing someone for free and agreeing to pay damages.

  • noni

    Does this take months? years? for the appeals courts to accept or deny an appeal?

    • Maybe a week or so, if it’s anything like the marriage stuff, if I’m gonna toss out a guess.

  • Patrick Thomas

    My guess is what she’s really after is a GoFundMe campaign. I mean, look at how much the baker bigots are hauling in!

    • Joe in PA

      with a major kick-back going to Liberty Counsel.

      • teeveedub

        I’m sure the Liberty Counsel will do a big old money beg with this, characterizing this minor procedural ruling as some sort of significant victory.

        • clay

          They’re not pro (that) bono.

    • ChadSF

      I had the same thought when I read that she was not going to comply with the court order last week.

      • ben-andy

        Much easier than having to go to work every day and only get $80 K a year.

        • Homo Erectus

          Can’t they “stay” her salary until this is settled? She’s obviously not taking care of the county business she was hired to do.

    • Chris H.

      I bet deep down she probably wants to be held in contempt and go to jail. Then she can be a super-duper Martyr and claim the big mean gub-er-mint put her in jail for standing up to her “Religious Freedum”. First Amendment!

  • JIM W

    Does that hair-do scream Pentecostal or what?

    • TexasBoy

      And it matches most of the other female hillbillies in the photo. All that’s missing is the prairie dresses for them to be fundie polygamous Mormons. Wait I saw this movie, The Stepford Wives.

      • D. J.

        It’s Kentucky. It’s also missing snake handling.

        • Piet

          Only on Wednesday and Saturday nights at meetin’.

    • Ed Burrow

      cliche, but it’s definitely a “hair-don’t”

  • BobSF_94117

    People’s constitutional rights withheld because her freaking name appears on a form?

    A stay in this case is ridiculous. Even if she were to prevail at court, what possible harm would it do to her and her precious religion to have a few licenses with her name on them, issued by someone else while she was on vacation?

    • noni

      Apparently much more harm than denying a 90 year old gay couple a marriage license before they die while they wait yet again to please Christians and their religious freedom hoax.

  • SunsetGay

    The American Taliban really never knows when to give the fuck up.

    • Stev84

      Just like the Afghan Taliban

      • Chucktech

        …or “trained” Iraqi soldiers…

        • Stev84

          They gave up extremely fast when just a few thousand ISIS goons showed up

  • Mark_in_MN

    From the photo, I think it’s safe to guess that Kim Davis is enjoying the attention.

    • Octavio

      She’s “wet” down there.

    • Chucktech

      Enjoy that ethereal moment, missy, it ain’t gonna last…

    • Elliott

      I don’t ever want to have a photo of me or a copy of something I’ve written that would ever bring me or my family shame. I suppose not everybody feels the same.

  • ben-andy

    I’d expect the 6th to either accept or deny before the end of the Summer. There is no “holding off until the Supremes decide” on this one as they very recently decided. In fact, the 6th, smarting from its wounds at being overturned, could very well deny the appeal. Ms Davis of the 4 marriages is nobody’s poster child for a cause like Edie Windsor was.

    That will move this directly to the Supremes and, as we have learned, 5 justices make the rules at the Supremes, period and that could be done by Labor Day or certainly October. If Kennedy wants this to go away, he and the 4 liberals deny and Ms. Davis can start her career on the lecture circuit.

    And yes, Gay = Stay and Delay, but actually, that is what any legal case is like. It is the rarity that proceeds swiftly to conclusion. Back in the 80’s I worked for auto defense attorneys who defended AAA, Pac Bell and the RDT [now Metro, our public transit] in traffic accident cases. If a case didn’t settle, it took 5 years. If it DID settle, 9 mos to a year was typical. Dickens explored this theme with the case of Jardyce v Jardyce in Bleak House which had been running for “generations”.

    We have made relatively QUICK advance and I expect this sideshow to be quick as well.

    • Chucktech

      But the cases you worked on truly had to be argued in court.

      This christianist fucker is supposed to be doing a civil government job but letting her puerile god bothering deny other’s their civil rights. This should be an open and shut, prima facie case of 1st Amendment violations. [Edit to add it’s also directly disobeying a court order.]

    • Bruno

      I don’t believe a federal appeals court can actually deny an appeal. They’ll have to adjudicate the case, even if it just means a cursory hearing and fast judgment upholding the lower court. In this particular case, I don’t think Kennedy or Roberts will want to touch it.

    • billbear1961

      The difference here, ben-andy, is that, while any stay remains in place, a fundamental, constitutionally guaranteed civil RIGHT is suspended–put on hold–for all same-sex couples in Rowan County, Kentucky.

      Has such a thing ever happened before? Is there any legal precedent for such an OUTRAGE??

      How many other clerks around the country will now–or soon–begin to refuse same-sex couples marriage licenses for “religious” reasons? This could spread like a PLAGUE.

      Stays on M.E. decisions before Obergefell occurred in a legal environment where M.E. had not yet been ruled by SCOTUS to be a fundamental civil RIGHT. That has CHANGED.

      This stay, even if temporary, is OUTRAGEOUS, and slaps those being denied their CIVIL RIGHTS directly in the face! First, Davis struck them. Now this court has struck them AFTER telling them Davis is in the wrong!

      How likely is an appeal to succeed when this clerk is, in effect, seeking to violate the Establishment Clause by arbitrarily imposing a religious test on people she hates?

      What can justify ANY stay in this case?

      Would it have been granted, ben-andy, if Davis were using religious excuses to deny interracial couples–or ANY other couples with a civil right to marry–a marriage license?

  • TampaDink

    Unfuckingbelievable. Proof that you don’t have to be a discriminating baker/florist/photographer to be paid for not doing you job.

    • Octavio

      But . . . they’re NOT ALL LIKE THAT! LOLOLOLOLOLMAOLOLOLOLOLO! and Tee Hee!

      Just look at the quality of admirers she has in that little crowd. No box of doughnuts is safe! LOL!

      • David Walker

        It’s interesting that not everyone is looking at her. And the kid with the “religious freedom” sign looks a lot like “I’ll do it, but I won’t like it.” And god…that hair.

      • Chucktech

        “Way-el, just give my big fat butt a big fat smyle fer my big fat camra! Do it fer jeezy gawd!”

        • BudClark

          I read that as “give my big fat butt a big fat SMELL …”

          NOT IN THIS OR ANY OTHER KNOWN DIMENSION!!!

      • Lumpy Gaga

        No doughnut left behind.

      • Homo Erectus

        Or bagels!

  • Webslinger
  • JamesStone

    The Sixth Circuit upheld the marriage ban here in Ohio. Their decision is what pushed Obergefeld to the Supreme Court. This should be interesting..

    • You just barely beat me to it. Jeffrey Sutton, who authored that opinion, bent over backwards to avoid addressing any of the constitutional issues in that case. We can hope for a more intelligent panel of judges on this one, if the 6th will hear it at all.

      • JamesStone

        He is quite an idiot… He’s one of those “it’s not up to the courts to make this decision” kinda judges. I thought it was up to federal courts to determine if laws were unconstitutional? Hmm..

        • That’s why we hope he’s not on the panel that considers Davis’ appeal.

          The dissenting judge in that case, Martha Daughtrey, tore him a new one. Her dissent begins:

          The author of the majority opinion has drafted what would make an engrossing TED Talk or, possibly, an introductory lecture in Political Philosophy. But as an appellate court decision, it wholly fails to grapple with the relevant constitutional question in this appeal: whether a stateā€™s constitutional prohibition of same-sex marriage violates equal protection under the Fourteenth Amendment. Instead, the majority sets up a false premiseā€”that the question before us is ā€œwho should decide?ā€ā€”and leads us through a largely irrelevant discourse on democracy and federalism.

          The dissent begins on page 43 here: https://s3.amazonaws.com/s3.documentcloud.org/documents/1354856/6th-circuit.pdf

  • Ron Romero

    The wingnuts are going to beg her to defy the order when she loses and go to jail for contempt, so they can say, “See – Christians are being jailed for their beliefs!”

    • David Walker

      Especially since THEY won’t have to go to jail. Just like Jeebus, she’ll carry the sins of the nation on her poor little shoulders.

    • StraightGrandmother

      That will be okay she can continue her prison ministry from the inside then. Pity her cellmate(s) though.

  • Your request is denied, but temporarily not denied until you can get a temporary approval of said denial. Or not.

  • noni

    If a clerk refused to issue a marriage license to an interracial couple today based on religious freedom, would the couple have to wait until the supreme court heard the case?

    • BearEyes

      or adulterer, or non-virgin, or …….

    • Reality.Bites

      They would have to wait for due process, yes. However it would not get to the Supreme Court. I doubt this one will either.

      They could, of course, drive to another country. It’s not right, of course, but it is an option.

      • Even if all the couples who have already been denied a marriage license in that county drive to another county to get one, that does not cancel out the fact that Davis has already denied them their constitutionally guaranteed rights.

        • Reality.Bites

          Exactly – nor does it affect their right to sue her.

      • StraightGrandmother

        At least for couples who have a very pressing need there is the option to go to another county, not right but it is there.
        Kdos to our Plaintiffs for not giving in.

      • billbear1961

        Having seen today’s MOCKERY of justice, RB, how long before other clerks begin to imitate what Davis has done?

        This could spread like a PLAGUE.

        • Reality.Bites

          Most clerks have no objection and those who do, aren’t willing to risk their livelihoods for a license they might have to issue a couple of times a year.

          Remember – she has NOT won. She has not come close to winning. And no one with half a brain, no matter how much they hate us, is going to imitate her.

          There are thousands of county clerks in the United States. And about a dozen are disobeying the law weeks after the SCOTUS verdict. This will all be over in a few months. It’s NOT worth panicking over.

          • billbear1961

            I read what the judge had to say–again and again and again, he tells her she hasn’t a legal leg to stand on and will, he’s sure, eventually fail in her desire to violate a same-sex couple’s RIGHT to a marriage license when they meet all the legal requirements. He goes through the possible justifications for a stay and says she fails to meet ANY of them.

            Then, almost like it’s an unimportant afterthought of no real consequence, he grants a temporary stay while the 6th Circuit decides whether or not to take up her case. He should have demanded she follow his order to respect established law. If the 6th intervenes–wrongly–to stay his ruling, that is THEIR twisted business. During the lead-up to Obergefell, when M.E. wasn’t even a matter of settled law, there were district judges who refused to stay their pro-equality decisions. Their rulings were sometimes later stayed by circuit courts, but the district court judges in question didn’t worry about that possibility, in advance. They stood up for equality and the Constitution, there and then.

            I find it very difficult to believe any serious court of law will tell that evil woman that if a couple meets all the legal requirements for a license, she may deny them that license because she personally disapproves of them for religious or any other reasons, that she may, in effect, violate the Establishment Clause and impose her own personal religious test on them! (Then, again, RB, we’re talking about GAY rights in the USA, where the right has gone totally off the rails!)

            But, while we wait, couples’ civil RIGHTS are being violated. A fundamental, constitutionally guaranteed civil right has been suspended in Rowan County, Kentucky, perhaps, as you say, for months to come (it has already been nearly two that it’s been put on hold), while a smug fascist challenges the Establishment Clause of the U.S. Constitution!

            Is there any legal precedent for such an outrage?! Is it the custom to suspend–even temporarily–a fundamental right while a challenge considered VERY unlikely to succeed–almost MAD in its impudence–proceeds through the courts?

            Would this be happening if, for religious reasons, Davis refused to issue licenses to interracial or interfaith couples, or to any other couples who have a right to marry because they meet all the legal requirements?

            I read of the hurt and humiliation those couples suffered when that snickering BITCH violated their rights–yet again and this time in violation of a court order!–and when NO ONE in that office or in the office of that state judge would intervene to HELP them!

            Those couples have already waited too long to see their right to marry respected! They shouldn’t have to wait one more DAY! To have to wait for several more MONTHS is outrageous! (And they should NOT have to go to a neighbouring county.)

            I think you’re right that there is probably no need to panic, but there is every reason to be angry and DISGUSTED by the abuse we’ve seen those innocent couples repeatedly subjected to!

            I hope they will be awarded substantial damages, and that that evil bitch will be punished for her sadistic MALICE.

  • Octavio

    Jesus must get tired having to work so much overtime just to keep his children happy and smug. Maybe we should leave out a glass of milk and some cookies for him tonight. šŸ™‚

  • Paula

    Is that her fan club in the picture? Talk about the shallow end of the gene pool.

    • I see a few candidates for the Hairdo Hall Of Fame right there.

      • Phil

        Hall of Shame.

      • Rebecca Gardner

        The higher the hair, the closer to God.

      • clay

        You know you’re in dangerous territory when the women have comb-overs.

      • fuzzybits

        A cloud of aqua net.

    • David F.

      That part of the gene pool is in need of chlorine – lots of it.

    • Chris H.

      The one with the camera looks like Melissa McCarthy from Identity Thief.

    • delk

      Her fasting group.

    • m_lp_ql_m

      With all the lard in that picture, ALL pools will seem shallow.

  • Tor

    The Davis Dynasty must end. I understand that Kim’s mother was County Clerk before her, and that her son is Deputy County Clerk.

  • Michael White

    They will take this all the way to SCOTUS so those a$$holes will protect the fucking hypocrite the right to deny us our rights by law, because of baby jeeps

  • anne marie in philly

    no more stays; fire the whole fucking office!

  • Mark

    Meanwhile, back at the ranch, no one can get married while KKKim lounges her pasty ass at the motel pool – sucking down grapes and double creme oreos to pass the time. Everything is peachy for her – and nasty break for anyone else who has a life. No – she wants to rule it all.

    Fuck her. And fuck Liberty Counsel – who knows she doesn’t have a snowball’s chance in a heated shit pond – but press the issue all to pull in the grifting bucks.

    • That last paragraph sounded like Jim Lahey…

      • Mark

        hang on…damn…I gotta google it….

      • Mark

        Actually – my grandmother had some terms and one liners that came straight off the cattle lots of Kansas. So, we can’t give credit to the trailer park…. LOL!

  • JaniceInToronto

    Told ya so. They’re gonna just stretch out this crap as long as they can.

    • David Walker

      Oh, stop. Just because you live in a functioning country…

  • dcurlee

    Lord knows I’m not tiny but looks like they are getting ready to do her a fund raiser at Golden Corral

    • Mark

      Or Cracker Barrel.

      • Cracker Barrel? Isn’t that a mite upscale for a fund raiser in this neck of the woods?

        • Mark

          There’s probably one somewhere nearby. They’re trying to show they have klassā€¦…

    • clay

      Why? She’s already/still pulling in three to four times the median income of fully employed women in Rowan County.

  • mjcc1987

    This will go on for years and to date, christianist can do whatever the fuck they want and suffer zero consequences. Defy local code, no problem. Defy the laws of science, no problem. Defy courts, hey, no problemo dude, see NOM and there refusal to disclose their donor.. I mean donors.

  • LovesIrony

    meanwhile gay couples constitutional rights are being denied fuck these stay for gay judges get your fucking heads out of your bigoted asses

    • clay

      and not just gay couples.

  • Jan Wesselius

    The long this mockery of the law is stretched out the more money the Christians can con off the flock. Everyone know that the clerk will lose, but now the Christians can say “with your large donation we can save our discrimination”.

  • Ronald Reagan is Dead!

    “Judicial Tyranny” Isn’t that what they say, What worries me more than the stay is that this is being appealed to the 6th Circuit , which was the only Circuit Court to rule against same sex marriage and I suspect that they will take her appeal and rule in her favor setting a dangerous precedent.

  • LADY MABELINE

    You’ve got to be fucking kidding me.

  • Bad Tom

    If it’s gay, stay.
    The case is different, but the story is the same.

    • billbear1961

      But this is worse–before 26 June 2015, M.E. was an unsettled matter. SCOTUS had not yet ruled. The matter was up in the air.

      But they HAVE ruled now (we have a constitutional RIGHT to marry), AND there’s decidedly NOTHING up in the air about the Establishment Clause!

      A fundamental civil right has been put on hold–on HOLD–while they decide whether or not to hear her appeal, and if they DO hear it, that fundamental constitutional civil RIGHT will likely continue to be suspended while they listen and decide.

      I cannot believe that there is precedent for such an action by the courts of this country!

      This is alarming, outrageous and deeply DISGUSTING!!

      • Bad Tom

        You have a good point: the story IS worse; there is nothing but naked animus here (that’s all they had before, but before they could cloak it with legal argle bargle.)

        • billbear1961

          And, before Obergefell, the Court had not yet decided M.E. was a constitutionally guaranteed RIGHT.

  • TJay229

    She is only causing a bigger dent in her bank account for the legal fees she’s gonna have to pay out.

    The State has distanced itself from her.
    The Entire state accepts Obergerfeld ruling.

    What is on this dizzy bitches mind…. SCOTUS won’t hear this case…. It takes 4 to grant a hearing, but those 4 know what the 5 are going to do, and bonus point… Elana Kegan is over the 6th so…. Why is this Bitch fighting the inevitable is beyond me.

  • Jacob

    What about the dog?! I hope we finally get to that.

  • canoebum

    Any indication when the 6th will announce its decision to take the case or not? Will they put it on the back burner and stall for time as long as possible? Given what we’ve seen from that forum so far, I wouldn’t put it past them to drag this out…just for shits and giggles, you know. It’s not like the issue has been decided by Supreme Court or anything. What’s the hurry?

  • clay

    Rowan County, KY: 286.25 square miles, of which 191 are Daniel Boone National Forest. Estimated human population, 25,000, of which about half are affiliated with Morehead University and 7000 live within the municipal limits of Morehead, the county seat. Though people might like to think of this county as rural, the lifestyle of the population is small town, with a functional density of more than 250 people per square mile. In situations like this, one should expect town/gown tension and a love/hate relationship with tourists and other outsiders.

    • Homo Erectus

      Estimated human population, 25,000, of which about half are closely related to each other.

      https://www.youtube.com/watch?v=cpX7s4YQ8TM

      • m_lp_ql_m

        Estimated human population, 25,000, weighing approximately twice that.

  • StraightGrandmother

    You know she pulls in $80,000 a year, she doesn’t have to buy ALL her clothes at Walmart.

    • Dazzer

      Walmart barred her years ago – clearly, she’s been reduced to rummaging through the bins of her local thrift shop.

      • Paula

        It does look like thrift shop clothing, doesn’t it?

        • Dazzer

          Yeah. But really bad thrift shop clothing. I’ve bought some really good value, smart and well made clothing in thrift shops when I had no money.

          The stuff she wears looks like she’s stolen them from the bags they put out back to be made into rags.

    • Steven Leahy

      LOL did you just get catty? šŸ™‚ Love it

    • Paula

      A recent family picture.

      • That’s a hell of a lot of flour sacks to empty out.

        • Paula

          That was some of that flour we got from Mexico. They wuz some little bugs in it but we et ’em anyway. Wuz a little crunchy, like grannies fried chitlins.

        • Steven Leahy

          When you make your own bread it’s easy!

        • Schlukitz

          OMG!

          You remember that too? LOL

          I worked on a chicken farm as a lad and laying mash also came in reusable patterns for the women folk to make clothing of for the kids and themselves.

  • Ninja0980

    This is BS, and nothing more.
    Throw her in jail for contempt of court, enough is enough.

    • billbear1961

      They would if she were refusing to serve ANY other group!

      This is WRONG!!

  • Christophe

    There’s something very…Duggarish about that chick.

    • Steven Leahy

      It’s the fundie hair and glow of selfrighteousness

      • 2guysnamedjoe

        The fundie hair — a/k/a the Duggar Doo.

  • Silver Badger

    And back to the Supreme Court we go.

    • billbear1961

      Yes–NOW!

      Those couples have a RIGHT to those licenses!

      SCOTUS has said so!

  • Ninja0980

    Now it’s up to the 6th.
    Let’s hope Sutton and Cook aren’t on the panel that will be hearing this case, as they are no doubt still smarting over being overturned on the bans.

    • SFBruce

      I know enough about Sutton and Cook to know I don’t like them, but I don’t know anything at all about their personalities, but I’ll say this. In general, I think judges don’t like to be overturned, and they just got slapped down in Obergefell, so I hope they don’t contribute to Davis’ delusions. For now at least, I’m more pissed at Bunning for his action. He should’ve rejected without caveats her request, and left it to the Sixth Circuit.

  • Todd

    ‘Your honor, I’m too busy planning my fifth wedding to worry about these queers’

    • clay

      Let’s hope her deputy clerk / son doesn’t file that license in Rowan County, because that would be real bad.

      On the other hand, let’s hope he does.

  • Jean-Marc in Canada

    I just have no words to adequately convey my utter dismay at the stupid currently being displayed in this case…………

  • Cuberly

    The one holding the camera, um, what exactly does her T-shirt say? I see a flag and looks like the word White.

    • clay

      Red is at the top right, White is at the middle left. Blue is tilted at an odd angle on the underside of her left tit, viewer’s right. With my dyslexia/dysgraphia, I first saw the White and the eR and thought, “Oh shit, bad for her, good for us.”

      • Cuberly

        Whew, thanks. That was the first thing my eyes went to and yeah, klaxons went off. W T F???

  • Capritaur

    Ugh! What’s wrong with ALL of the women’s hair?

    • Nexus1

      lol You just had to make me notice that. You are so right though, what is up with their hair? I feel like we’ve been transported to the set of Steel Magnolias.

      • Capritaur

        “Relax! You can’t screw up her hair. Just tease it and make it look like a brown football helmet.”

    • KQCA

      It’s part of their religious practice, just like Orthodox Jewish men and their beards or Muslims and their garments.

      The women are not supposed to cut their hair or wear makeup. (They secretly do both and try to hide it.)

  • GunnaHurt

    So do we get Roseanne to play her in the Oscar-winning movie?

  • j.martindale
    • StraightGrandmother

      Or as I like to say, Silence Equals Consent.

      • Schlukitz

        • billbear1961

          Ultimately, YES.

  • billbear1961

    SO, a fundamental civil right is put on HOLD in that county while they decide whether or not that fascist BITCH has a right to violate the Establishment Clause!!

    I tell you right now that this is ONLY happening because it’s a question of OUR rights–of equality for same-sex couples in the USA–and because the bloody EXCUSE of that bullying fascist for the CRIME she’s committing is that she’s a goddamned CHRISTER!!

    This would not happen to ANY OTHER GROUP IN THIS GODDAMNED COUNTRY!

    Imagine if she were refusing, for “religious reasons,” to give licenses to INTERRACIAL couples!!

    It’s a bloody, goddamned OUTRAGE!

    I’m so angry I’m shaking and may be SICK!!

    Look at those evil bastards LAUGH about succeeding in putting the fundamental civil right of those couples to marry on HOLD!!

    They shouldn’t have to wait ONE MORE DAY TO MARRY!!

    SCOTUS has RULED we have a constitutional RIGHT to MARRY, and that RIGHT is being violated in Rowan County, Kentucky!!

    Our lawyers should go immediately to SCOTUS to DEMAND RELIEF from this fucking INJUSTICE!!

    • Steven Leahy

      Thank you. I don’t have the energy to type much today. You said all I wanted to and then some. Well done.

      • billbear1961

        Oh, Steven, I feel sick.

        šŸ™

        • Steven Leahy

          Me too. Another slap in the face. A totally unnecessary slap.

          • billbear1961

            Those poor couples!

            This is so WRONG–it’s EVIL.

            That judge is a fucking COWARD!

          • KQCA

            I completely agree with and support this billbear1961 thread of comments.

        • Schlukitz

          I am as outraged as your are, billbear.

          SCOTUS has ruled that marriage equality is the law of the land. Does our government not have the power to enforce it’s laws?

          How in hell is this bitch getting away with defying federal law?

          I just don’t fucking understand. šŸ™

          • billbear1961

            Because WE are the targets, Schlukitz, and that two-faced FRAUD’S excuse is a “religious” one.

            If she were refusing, for ANY reason, to serve ANY other group, mark my words–that judge would NEVER have granted ANY kind of stay!!

          • Schlukitz

            We both know that for a fact…which is what makes this all the more wrong and infuriating.

            She is giving us the middle finger, with the Pope’s blessing.

        • BudClark

          Hugs, Bear … me too!

          • billbear1961

            XO

    • BudClark

      When I woke up from my nap and read THIS, my son heard me use words I haven’t used in 50 years (he’s of age — 58 — so it’s OK).

      I had to take a Valium, I was (and AM) so angry.

      Psalm 109 DOES have its uses:

      Hold not thy peace, O God of my praise;

      2 For
      the mouth of the wicked and the mouth of the deceitful are opened
      against me: they have spoken against me with a lying tongue.

      3 They compassed me about also with words of hatred; and fought against me without a cause.

      4 For my love they are my adversaries: but I give myself unto prayer.

      5 And they have rewarded me evil for good, and hatred for my love.

      6 Set thou a wicked man over her: and let Satan stand at her right hand.

      7 When she shall be judged, let her be condemned: and let her prayer become sin.

      8 Let her days be few; and let another take her office.

      9 Let her children be motherless, and her husband a widower.

      10 Let her children be continually vagabonds, and beg: let them seek their bread also out of their desolate places.

      11 Let the extortioner catch all that she hath; and let the strangers spoil her labour.

      12 Let there be none to extend mercy unto her: neither let there be any to favour her motherless children.

      13 Let her posterity be cut off; and in the generation following let their name be blotted out.

      14 Let the iniquity of her fathers be remembered with the Lord; and let not the sin of his mother be blotted out.

      15 Let them be before the Lord continually, that he may cut off the memory of them from the earth.

      16 Because that she remembered not to shew mercy, but persecuted the poor and needy, that she might even slay the broken in heart.

      17 As she loved cursing, so let it come unto her: as she delighted not in blessing, so let it be far from her.

      18 As she clothed herself with cursing like as with het garment, so let it
      come into her bowels like water, and like oil into her bones.

      19 Let it be unto her as the garment which covereth hers, and for a girdle wherewith she is girded continually.

      20 Let this be the reward of mine adversaries from the Lord, and of them that speak evil against my soul.

      21 But do thou for me, O God the Lord, for thy name’s sake: because thy mercy is good, deliver thou me.

      22 For I am poor and needy, and my heart is wounded within me.

      23 I am gone like the shadow when it declineth: I am tossed up and down as the locust.

      24 My knees are weak through fasting; and my flesh faileth of fatness.

      25 I became also a reproach unto them: when they looked upon me they shaked their heads.

      26 Help me, O Lord my God: O save me according to thy mercy:

      27 That they may know that this is thy hand; that thou, Lord, hast done it.

      28 Let them curse, but bless thou: when they arise, let them be ashamed; but let thy servant rejoice.

      29 Let mine adversaries be clothed with shame, and let them cover themselves with their own confusion, as with a mantle.

      30 I will greatly praise the Lord with my mouth; yea, I will praise him among the multitude.

      31 For he shall stand at the right hand of the poor, to save him from those that condemn his soul.

      Glory be … *

      As it was …

      • billbear1961

        Thank you, Bud!

      • GC

        I’d rather stop at verse 8. Let her days out of office be many, with long life, health, and an intact family; and let her see what a just society really looks like — and there won’t be a thing she can do to impede or delay it!

    • ChuckV

      I’ll disagree a little bit. It’s not because it’s homosexuals. It’s because she’s Christian. Christianity gets a huge pass. Every i must be dotted and every t crossed before the courts will say no to something in Christianity.

      • billbear1961

        No, Chuck, if she were refusing, for religious or any other reasons, to serve interracial or ANY other couples who have a civil right to marry, do you really think the judge would have issued a stay?

        It is for BOTH reasons: because we are gay and because she CALLS herself a “Christian” as a cover for the bigotry it gives her self-righteous and sadistic pleasure to try to impose on others.

        Any little fascist thug in the gutter can call itself a Christian or a “person of faith”–look at the “Muslim Warriors of God” of IS, butchering innocent people and exercising their godly right to sell little girls into sexual slavery!

        Rasputin was a “Man of God” who fucked every whore in sight.

        Jimmy Swaggart, the great man of God, screwed a prostitute and suggested she bring along her 11-year-old daughter to take part in their next sexual encounter.

        And then there is that disciple of the Lord and incestuous pedophile, Josh Duggar, who warns what a danger WE pose to kids!

        Religion–like patriotism–is often the last refuge of SCOUNDRELS.

        Look at this fascist bully, thrice-divorced and married four times in violation of the express teachings of her “Saviour,” who DARES pass moral judgement on OTHERS.

        She’s a FRAUD.

        But call yourself a “Christian” and insult gays, and MANY courts in this country will BEND over BACKWARDS for you!

        • Schlukitz

          Hear. Hear. You speak the truth.

        • ChuckV

          There are other cases, often with school officials using their office to promote religion, where the courts are more than flexible to the Christians who violate the law.

          Today no one would get a pass for blocking inter-racial marriage, but in the days immediately following Loving vs. Virginia maybe they would have.

          In any case, I don’t want to belabor a minor point. I think we both agree this lady is rotten.

          • billbear1961

            Rotten to the core, Chuck!

    • M

      The Hystronic Homosexual, always having to SCREAM (SEE i CAN CAPITALIZE TOO) the “sky is falling” just like the religious and right haters strikes again.

      Never mind that all of his over the topic, the Republic is falling crap did not help win marriage equality. Never mind that this will be put down, just like the haters tried this with the schools prior.

      But we all know the whole point of the ramps is to cause issues for our side, because he is an unhinged and mentally ill person. Pity him.

  • Bruno
    • billbear1961

      How long before other clerks, hearing of today’s MOCKERY of Justice, begin to refuse to issue licenses for “religious” reasons?!

      This could spread like a PLAGUE.

      That judge is a coward and a goddamned fucking FOOL!!

      • Bruno

        I think considering the district court judge ruled against Davis, probably no one for now. If the 6th CA issues a stay, that might signal some clerks to stop issuing. By the way, there are at least 3 or 4 other clerks not issuing in Kentucky still, in addition to the 12 or so in Alabama and 1-5 in Texas.

        • billbear1961

          Thank you, dear Bruno, for your update about Katie Lang and the other clerks not issuing.

          Are the others not issuing refusing to issue licenses to anyone, do you know? Isn’t that what Davis is doing at the moment?

          Isn’t it without precedent, Bruno, to suspend a fundamental civil right anywhere in the country while an insane challenge to something like the Establishment Clause is underway?

          Couldn’t couples go to SCOTUS to ask THEM to overrule any stay that, in effect, would suspend the couples’ fundamental, constitutionally guaranteed civil RIGHT to marry?!

          This is outrageous, Bruno–it is offensive to Justice and to the Constitution!

          • Bruno

            You’re welcome, as always, Bill šŸ™‚

            I think in the other Kentucky counties, they aren’t issuing to anyone, but I’m not totally sure. The jerk from Casey County is definitely not issuing to anyone, but a few of the other counties are more unclear (like Whitley County, where a rally was held supporting the bigot clerk). In Alabama, all counties that aren’t issuing are not issuing to anyone due to the quirk in the law that says a probate judge “may” issue licenses. Molly Criner of Irion County, Texas, I believe, is issuing to straight couples only. Apparently it’s such a small county that no gay couples have stepped forward to file suit yet.

            I think there is obviously a great case to be made that you can’t withhold marriage from a county’s populace because marriage is a fundamental right. That’s why Bunning ruled as he did. I hope someone steps forward to challenge in Alabama, too.

            I think theoretically the plaintiffs in Kentucky could try and have SCOTUS overrule a stay, but in the course of all the marriage cases where stays were put into effect over the last 6 years, not one of the plaintiffs tried to do so. I don’t really understand why no attempt was made, but apparently they felt it was not a good idea. Hopefully the 6th will deny a stay and we won’t get to find out this time.

          • billbear1961

            But at the time of the appeals court stays that we didn’t challenge at SCOTUS, the Supremes hadn’t yet ruled on M.E. It wasn’t a settled matter–it was still up in the air.

            THAT is no longer true–they have ruled we have a fundamental, constitutionally guaranteed RIGHT to marry.

            How DARE anyone put constitutional rights on HOLD, anywhere in the country, during an insane challenge to the Establishment Clause–or FOR ANY OTHER REASON?

            If the FASCISTS on the Sixth issue a stay, we should go immediately to SCOTUS!

          • Bruno

            I don’t know, but I get the distinct feeling that once a stay is put in place by a Circuit Court of Appeals, no one seems to think they can undo it at SCOTUS. Whether or not that’s true or why is guesswork.

          • billbear1961

            They don’t like to and rarely–if ever?–do, but they CAN.

            If they fail to override a stay that suspends a fundamental, constitutionally guaranteed civil RIGHT, Bruno, they aren’t doing their JOBS–and their number ONE constitutional DUTY is to protect and defend the Constitution of the United States!!

          • Bruno

            True, but they have to be asked first. I still want to know why lawyers and plaintiffs on our side never, for example, asked SCOTUS to reverse the stays that the 8th CA and district judges put on Missouri and Arkansas. SCOTUS won’t do anything unless asked.

          • billbear1961

            Yes, if the Sixth issues a stay, we must ASK the Supremes to overrule it for the reasons I’ve said.

            As for not asking them to overrule appeals court stays BEFORE, well, that was on a matter that they hadn’t yet ruled on.

            Now we are talking about a RIGHT!

            They have said so!

            Did they mean it or NOT?

            Or did they mean, “Well, you’ve got a right but anyone using religion as an EXCUSE can violate your rights. We’re considering striking down the Establishment Clause, and from now on any lowly official can impose a religious test on you. But just on you, gays, not on anyone else, of course! We’re just going to make that ONE exception to the E.C.”

    • Homo Erectus

      Did Liberty Council represent her too?

      • SFBruce

        It was Liberty Institute. I don’t know much about them apart from the fact that they have no idea what liberty actually means, much like Liberty Council.

    • SFBruce

      Thanks for the update. The plaintiff’s fees were around 70K, and the State negotiated them down to less than 44K. I don’t know how much time this took for the attorney, but 70K sounds like a fairly reasonable price for a lawsuit.

  • John Kusters

    It’s bullpucky like this that causes me to lack faith that our courts are as impartial as claimed. Stays are granted when there is harm if not, unless it’s GLBT issues, in which case, who cares if the queers are harmed. *grumble*

  • geoffalnutt

    Work for your hateful church! You don’t get to work in the real world.

  • Bill

    Who could have imagined someone so basic would make our kid’s history books one day.

    Of course, it’s not at all in the way she is imagining right now with her ‘christian’ attorneys putting delusions of grandeur in her stupid little head.

    History remembers you as a bigot, Ms. Davis. Go ahead. Live a little. You may as well earn that historical badge with gusto.

    You’re a bigoted fool like many, many thousands that came before you, and now you’ll be remembered as a bigoted fool for eternity.

    And something about that just seems right.

    Good luck, Ms. Davis. With you’re legal council’s track record, you will need it.

  • SFBruce

    To say the least, this is disappointing. In Bunning’s preliminary injunction opinion, he rejected Davis’s claim that same sex couples can just go to an nearby county to get their marriage license, because who’s to say those nearby counties won’t ask for the same out as Davis? How, exactly, is this any different? Davis’s lawyers would no doubt ask for a stay in their appeal to the Sixth Circuit and I’m sure they could have made that decision themselves, so Bunning certainly didn’t have to go the extra mile to show fairness to Davis.

    • Ninja0980

      The problem is the 6th Circuit is basically a bunch of Federalist Society assholes.
      I think thetay was done in large part because of that.

  • Claude Jacques Bonhomme

    I just read Bunning’s decision on the stay. He most strongly states that there is no cause for a stay, but then grants a “temporary” stay until the 6th decides to hear or not to hear the case. Totally non-sequitur equivocation… Pontius Pilate washing his hands of the fate of the plaintiffs, while the 6th may very well take its sweet time further equivocating. No timeline stated on this “temporary” stay.

    Truly sickening.

    https://neuroethicscanada.files.wordpress.com/2010/05/pilate_washes_his_hands-by-jan_lievens.jpg

  • BoringLawyer

    It’s fairly common for a court to issue a stay pending the possible acceptance of the case by a court of appeals. While I hate to admit it, the irreparable harm argument is much more difficult to make than it was when same-sex marriage was illegal in an entire state and not recognized by the state.

    I have little doubt the plaintiffs will ultimately prevail, but since they could (irritating and illegal as it may be) just drive to the next county, I can see why the court would issue a stay.

    • billbear1961

      And, after what they’ve seen today, what is to stop ANY clerk who wants to from denying them a license for “religious” reasons?

      How many TIMES must these couples’ RIGHTS be violated–how many times and in how many PLACES must they be humiliated–before their rights–guaranteed by the Constitution–are RESPECTED??

      • Nexus1

        The video of the latest denial of a marriage license last week was so sad to watch. The hurt in that mans eyes and in his voice just broke my heart. They will taste justice soon and when they do it will be so sweet that we all will taste it with them. They are very brave to challenge Kim Davis in a county where she and her family have so much power. They have and will make things better for the next generation and I hope they can remember that while they are going through this ordeal.

        • billbear1961

          What these brave couples are being put through is AWFUL.

          I hope your prediction comes true and they’ll SOON be able to marry with a license from Rowan County, Nexus!

    • Bruno

      Isn’t it the defendant, in this case, who has to show she will be harmed? In any case, this was just a temporary emergency stay that’s allowing the 6th CA to pipe in. The sole reason for it, in my opinion, is because Judge Bunning doesn’t want to enforce his injunction without the 6th CA’s stamp of approval. He might be afraid of how it would look if he held Davis in contempt, only for the 6th CA to step in within a few days and put a stay on the order.

      • billbear1961

        Well, my dear, you help the bear to understand this judge’s lack of SPINE!

        Surely, he must know the Establishment Clause will survive any challenge, and that his ruling will ultimately be upheld, if necessary by the Obergefell Five themselves!!

        • Homo Erectus

          The judge is undoubtedly a christian.

  • forcebear

    When she loses, not only should she have to pay the plaintiffs’ court costs, she should be retroactively docked pay from the time she stopped doing her full job.

  • Claude Jacques Bonhomme
  • If they ride this all the way to SCOTUS maybe this time we will be gifted with a ruling of proof of legal animus.

  • MBear

    justice delayed is justice…wait, wot?
    stayed or no? contempt or not?
    WTF?
    Fire the ugly pile of adultery

  • jimtoday

    When will these judges grow a set of balls, and a brain and shut down these haters (anarchists) who are creating nonsensical, illegal rationals for being individual law nullification devices! The Supreme Court has spoken! Time to let the litigants spend the time of their stay while staying in a prison cell!

  • Terry

    Why is it even going that far? Her job is to issue licenses in accordance with the laws of the state and it is for marriage equality…I say the 6th Circuit deny the case and lift the stay

  • GanymedeRenard

    Please enlighten me, fellow JMG readers – I’m not familiar with the US Justice system, so bear with me, please. Didn’t the SCOTUS ruling mean that ALL States and counties must issue marriage licenses to two people regardless of their sexuality? I don’t understand why this harridan is refusing to obey the maximum authority of the land – and with the acquiescence of a judge, no less!

    • BudClark

      +100 points for “harridan!”

      • GanymedeRenard

        Alternatively, “hag” and “harpy.” šŸ˜‰

    • Short Version:

      1) Yes

      2) Neither do we

      Long Version:

      It’s not usual to flaunt the laws in this way, but this new breed of Christian Extremists have carved out a niche of reverse religious freedom from the Constitutional clause that already protects it. It’s a ridiculous Mƶbius strip of victimization wherein actually practicing your religion carries over into your secular job duties. She’s free to worship as she so chooses, but in the reverse, in the course of her job duties responding to an outside input that she deems in violation of her “deeply held religious beliefs” now becomes an impediment of her right to worship as so chooses. Even more ridiculous, it’s subjective and she gets to choose how and when this occurs.

      This particular construct of religious freedom was designed by conservative Christians rights groups, who built it on a foundation of faux persecution of Christians and violation of their Constitutional freedoms, as an end run around the notion they must now accept gay people as equal and protected from discrimination. It’s a new paradigm here in the USA that if a law protects me from your actions, you are now a victim because you can’t continue those actions, but it only works if you claim your “deeply held religious beliefs” are in question. Again, it’s subjective and you get to choose how and when this occurs.

      It’s a new test to the rights and freedoms of our Constitution and just like the case that was interpreted as giving same sex couples the right to marry, this interpretation of freedom must now be proven valid by the courts. However, they’ve already ruled against her. Usually someone who flaunts the order of the court will be given an opportunity to comply before being held in contempt, which carries the added penalty of punitive action. However, this particular notion of religious freedom hasn’t concluded its full run in the courts so she’s free to hold her course until the highest available court decides if her interpretation of her freedoms is, or isn’t, valid under the law.

      The final confusing and frustrating aspect is the staying of the decisions. Usually the stay is granted if a compelling reason exists to prevent further damage to the interests of the perceived winner if the action in question is allowed to continue. In this case, as it has been with every case involving same sex marriage, gay equals stay even though the damage is being done by preventing otherwise authorized couples to legally marry and allowing unlawful discrimination to continue.

      We’ve had several noteworthy tests of the boundaries of religious freedom in the USA. In fact, religious freedom is not only protected by our Constitution, but also by a federal law and multiple state level laws, known colloquially as RFRA laws. In one test of the RFRA law, the SCOTUS told the federal government they could not prevent a Native American from using a controlled substance as part of the practice of his deeply held religious beliefs. In another, the SCOTUS told a corporation they did not have to pay for certain types of contraception as part of their employee health plan as doing so was a violation of their deeply held religious beliefs.

      We’ve always coexisted in the USA with the idea that my freedom ends where yours begins and the expected bumping of shoulders is an unavoidable “Catch 22” created as a result of our collective and indivisible Constitutional freedom. This particular case will be a landmark decision in the area of civil rights when the courts decide who is being harmed during this interaction. Is it the person being forced to do something in violation of their deeply held religious beliefs, or the person being prevented from full equality under the law?

      Stay tuned!

      • KQCA

        ….and no matter how frustrated and angry the story topic is, “JalapenoBusiness” always brings a HUGE grin to my face, especially after hearing the story behind it. :-))

        • Well, that’s sweet of you to say, but it’s just one hot pepper’s interpretation of this clusterfuck. This is, after all, JMG and dollars to doughnuts there will an Ed Masry to my Erin Brockovich along shortly with an entirely different assessment.

          • KQCA

            LOL.. I meant the story behind your screen name. And the avatar is simply scrumptious!

          • even more sweet that you remembered <3

          • Reality.Bites

            I only just now, thanks to you, made the connection between JalapeƱoBusiness and All up in your business. I imagine the folks who think it’s “Jallupeeno” or “Halluhpeeno” still don’t.

      • David Gervais

        small note:
        Flout not flaunt.
        The difference is important.

        I just discovered the messaging between members function on Disquis, but have now found 2 out of 3 have blocked it. Is there something that I should know about it?
        Thanks

        • Reality.Bites

          I wasn’t aware of such a function. I have no idea how to message someone or if I’ve blocked people from messaging me.

        • It’s easy to confuse since the the commonly used idiom is flout the law, but it’s quite obvious she’s blatantly ignoring the law. I was thinking of her holding the judges order, dancing around in her Walmart separates, like a hillbilly peacock, rubbing our noses in it and holding our lives in her fat little claws and flaunting was the word that comes to mind. Dicksuxux has messaging?

          • David Gervais

            Late that I noticed this, but ok, you get a pass with that story

          • Why thank you! Please don’t litter when you rip up the ticket, officer!

      • GanymedeRenard

        *Sigh* In other words, religious beliefs are being elevated to the point of outweighing other protected characteristics – and, as far as I understand, sexual orientation and gender identity are still not federally recognized as a protected class, correct? This, I’m afraid, is not going to be an easy battle. So frustrating!

    • Max_1

      You understand it well, however our lower courts sometimes do get it wrong from time to time…

  • drbrentzenobia

    Has no one else noticed what appears to be a White Pride t-shirt being worn by the woman with the camera?

    • Arkansan

      I can’t read it, the letters are badly distorted.

    • Nexus1

      The T-shirt says “Red White & Blue”, has the American flag on it and says “Land of the free.” at the bottom. The shirt is a bit faded and poorly designed but it’s not a White pride T-shirt.

    • I thought the same thing, but in a larger (no pun intended) version of the pic, it seems like a typical Walmart ‘Murica t-shirt. Can anyone tell what those images are? Is that a Dodge Charger or an aircraft carrier on the left tit? Are those sneakers under the right tit? I have no idea what’s under the left tit.

      http://s5.postimg.org/x2wpxiuhz/555.jpg

      • Reality.Bites

        Sometimes Discqus needs a “see less” option.

  • Ginger Snap

    This hateful bigot better get slapped down hard by the court. This is absolute bullshit.

  • Six Pins Delores

    A photo with a big smile on her face. Kim Davis is sadistic trash. Her several husbands may have found that pleasurable.

  • Palto

    Meanwhile people’s lives are on hold because of this hypocritical pig.

    • KQCA

      That’s the part she and her kind enjoy most. It’s the only power they have ever known.

  • Buford

    On the bright side, the Hood County Texas case just closed… Hood County just paid a $44K settlement to the gay couple to whom the idiot county clerk had refused to issue a marriage license.

    They had to pay the $44K court costs of the people suing them to force them to do their job!

    • John Calendo

      A statement from the two gay men in the Hood County case: ā€œWe are overjoyed that justice was done, and grateful to our lawyers for forcing the county clerk to follow the law, something she was unwilling to do before our lawyers stepped in to represent us.”

      A forecast of things to come for Kim Davis in Kentucky.

  • LovesIrony

    I hate these fucking games courts play with our lives

    • KQCA

      ..and you just know they’d all be pissing bricks if the tables were turned and the courts were playing with important matters concerning their personal lives.

      • billbear1961

        Exactly!

  • BudClark

    That bitch in Texas is wearing virtually the same dress that Davis wore in the first pics of her. Maybe it’s like Mor(m)on underwear.