Zealot clerk ordered to give marriage licenses or resign refuses to do either

[Quixote1818]

A County Clerk in Kentucky is forcing a showdown with that state’s Governor. And the Constitution. Casey Davis seems to think that his religious beliefs trump the law of the land. He has refused to issue marriage licenses to same-sex couples.

Governor Steve Beshear ordered the public servant to do his job or resign. Davis refuses to do either. He met with the Governor one-on-one on Thursday and remained defiant afterward. After his meeting with the Governor, Davis spoke to the media:

“This morning, I advised Mr. Davis that I respect his right to his own personal beliefs regarding same-sex marriages. However, when he was elected, he took a constitutional oath to uphold the United States Constitution. According to the United States Supreme Court, the Constitution now requires that governmental officials in Kentucky and elsewhere must recognize same-sex marriages as valid and allow them to take place. One of Mr. Davis’ duties as county court clerk is to issue marriage licenses, and the Supreme Court now says that the United States Constitution requires those marriage licenses to be issued regardless of gender. Mr. Davis’ own county attorney has advised him that his oath requires him to do so.”

http://www.addictinginfo.org/2015/07/09/zealot-clerk-ordered-by-governor-to-issue-marriage-licenses-or-resign-refuses-to-do-either-video/

[CaliforniaPeggy]

1. Then he needs to be fired. Period. n/t

[Warpy]

30. Not that simple since apparently this is an elected position

but he needs to be removed from office ASAP.

Then he can open a storefront church like all the other sanctimonious bigots who won't do their jobs due to morbid religious scruples.

[CaliforniaPeggy]

31. Oh, yeah, there's that little wrinkle! I agree about removing him.

[SidDithers]

2. He needs to be sued into extreme poverty...

He's committing a civil rights violation. I hope it gets very, very expensive.

Sid

[avebury]

27. Absolutely! He needs to know that

he will be on his own if he is sued and that the County/State (i.e. tax payers) will not cover any legal costs. Unfortunately I bet some conservatives religious nuts will probably help him with any legal costs.

[davidpdx]

34. I agree with the civil rights violation

and yes he should be sued. Sued into extreme poverty is a bit much. Clearly the guy needs to be removed for not doing his job. Those who are having their rights violated are going to have to sue him and if they win hopefully he will have to paid for their legal expenses instead of the county since it was his own choice to not issues the licenses.

[hifiguy]

3. This asshole can no more refuse to issue a marriage license,

which is a purely non-discretionary ministerial function, than he could refuse to record a deed.

Fire the silly fucker and let him take it to court.

[Solly Mack]

4. Submit the paperwork, stop his check.

Have someone clear out his desk and box it up.

If he refuses to leave the building, arrest him for trespassing.

Kentucky is an "at will" state. He is refusing to perform his duties and the Governor of the state has issued an order to state employees.

[TreasonousBastard]

8. He's not an employee- he's an elected official...

so can't be fired.

Recalled, impeached... who knows what else, but not just fired.

[Solly Mack]

9. Well, bummer. Thanks!

[TreasonousBastard]

12. And, yes, that sucks. Perhaps there's some law or procedure where...

they can lift his authority and give it to a deputy while they figure out what to do with him.

[Solly Mack]

16. That would be good.

Thank you, again. I hope there is a solution, a nice tidy legal one. I don't want him benefitting from his hate.

[BillZBubb]

13. Sued!

[Lars39]

15. The state can audit the everliving shit out of his office.

Pick that place apart looking for irregularities. I wonder if there are county executives in KY?
This clerk needs to understand he will be sued and that he will be responsible for his own legal bills.

[Fred Sanders]

21. The law does not give special protection to anyone to ignore the law, elected or hired or ordained.

[csziggy]

24. In Kentucky there is a law against not doing their job

522.020 Official misconduct in the first degree.
(1) A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:

(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or
(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or
(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

(2) Official misconduct in the first degree is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 187, effective January 1, 1975.

http://www.lrc.ky.gov/statutes/statute.aspx?id=19888

More discussion in this thread: http://www.democraticunderground.com/10026926765

[avebury]

28. Excellent. And he should receive an additional charge for each

and every couple that he refused a marriage license.

[Botany]

5. Guess "the good Lord" can help Mr. Davis in looking for a new job.

I hope he wasn't wearing a leather belt w/cotton or wool pants because the bible says that is a no no
or does he like a nice shrimp cocktail?

[IllinoisBirdWatcher]

26. Probably eats cheeseburgers, too. With a milkshake. Also. n/t

[GreatGazoo]

6. did he wear that purple shirt on purpose??

Is he just messing with us; some kind of post-orwellian, fashion-based doublespeak ?

[TreasonousBastard]

7. Unfortunately, he's elected, so he can't be fired at will...

I don't know what Kentucky law calls for if an elected official simply refuses to do his job, but it's not simple to get rid of him.

[Botany]

11. The KY Governor has told the clerks that they swore an oath to uphold the laws ....

.... and if they don't follow the law then they are in breach of their contract.

[TreasonousBastard]

14. Maybe they can use that to get rid of him, but...

it's difficult by design to get rid of elected officials.

[shenmue]

10. He already has a Facebook support page

Facebook thing here

Usual bullshit. Bet they're raising money for him to get a lawyer as we speak.

Also, he'll have a spot on Fox or Pat Robertson's show before you can say spit.

[notadmblnd]

17. All right, give him his red stapler and send him to his new desk with no phone in the basement.

Maybe when he doesn't get a paycheck- he'll figure it out.

[pacalo]

18. If he can't perform his job, he should look for work that he can handle.

[City Lights]

19. Fire his bigoted ass, pronto. nt

[elias49]

20. He doesn't have the courage of his convictions.

That's how you know a phony.

[WheelWalker]

22. He should be arrested, and he will be imo if he keeps this up...

Willful nonfeasance by a public official to the injury of another is probably official misconduct and criminally chargeable.... well, it should be anyway. Dude is on notice.

[LadyHawkAZ]

23. Stop his paycheck

until he remembers how to do his job. Bet his tune would change very quickly.

[Takket]

25. fire him and sue him

[brentspeak]

29. Beshear shouldn't have wasted one minute meeting with him

Unfortunate that Davis can't be fired.

[Jim Lane]

33. I agree with Beshear's decision to try quiet persuasion.

If an in-person meeting with the Governor had served to impress upon the clerk the gravity of the situation, then maybe he would've relented. I know "fire him, sue him, arrest him" is more psychologically satisfying, but Beshear's approach was a reasonable shot at getting the desired outcome -- if your desired outcome is allowing people to marry the ones they love after being denied the right for so long.

I wonder who issues marriage licenses when the elected clerk is on vacation or out sick. Some workaround like that would get the marriages going while the state pursues its options against Davis.

[valerief]

32. These stupid weasel asswipe county jerks piss me off. nt

[davidpdx]

35. The clown needs to be held accountable for his failure to follow the

Pragmatically speaking that's not going to happen over night. It will probably take lawsuits and charges being filed against him for not doing his job.

[hobbit709]

36. from the book he professes to believe "Render unto Caesar..."