Defying order, Rowan County clerk won't give gay couple marriage license

[mahatmakanejeeves]

Source: Associated Press via WYMT-TV

Posted: Thu 9:17 AM, Aug 13, 2015

Morehead, KY (AP)- A Kentucky clerk's office has turned away a gay couple seeking a marriage license, defying a federal judge's order that dismissed her argument involving religious freedom.

Hours after the judge's order to issue licenses to same-sex couples, Rowan County Clerk Kim Davis' office still turned away David Moore and David Ermold on Thursday morning.

Deputy clerk Nathan Davis says the office was advised by attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals the order.

Kim Davis has argued that her Christian beliefs prevent her from issuing licenses to same-sex couples. After the U.S. Supreme Court ruled gay marriage bans unconstitutional, Davis stopped issuing licenses to any couple, gay or straight.
....

(Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Read more: http://www.wkyt.com/wymt/home/headlines/Defying-order-Rowan-County-clerk-wont-give-gay-couple-marriage-license-321741902.html

---

In case you missed the previous episode:

Judge Orders Kentucky Clerk to Issue Gay Marriage Licenses

If the forum hosts consider her refusal this morning to do her job a continuation of yesterday's story, I won't object to a locking of this thread. I think of this as a whole new story, though.

Your call. Thanks.

Another link to yesterday's story, in this a.m.'s Washington Post:

Federal judge orders Christian clerk to issue same-sex marriage licenses

Morning Mix

By Justin Wm. Moyer August 13 at 7:12 AM

....
Is issuing a marriage license — or deciding not to — protected speech? No, {Judge David L. Bunning of the U.S. District Court for the Eastern District of Kentucky} said: “Because {Rowan County clerk Kim Davis’s} speech (in the form of her refusal to issue marriage licenses) is a product of her official duties, it is likely not entitled to First Amendment protection.”

What about Kentucky’s Religious Freedom Restoration Act — a law that says the government “shall not substantially burden a person’s freedom of religion”? Did that protect Davis?

No, Bunning said.

“The state is not asking her to condone same-sex unions on moral or religious grounds, nor is it restricting her from engaging in a variety of religious activities,” the judge wrote. “She is even free to believe that marriage is a union between one man and one woman, as many Americans do. However, her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County clerk.”

Though the action will continue to wind its way through the federal courts — and though Davis is also suing Gov. Beshear for ordering her to issue same-sex marriage licenses in the first place — she has lost this initial round.

[Botany]

1. Time for the Governor to drop the hammer on Ms. Davis she can either do her job ....

..... or quit and if not she needs to be fired.

"Believe in a deity does not give you the right to act as a deity and tell the
rest of us on how to live and conduct our lives." Botany

[Thor_MN]

2. Kim Davis, you are fired, for cause, for refusing to do your job.

Don't bother filing for unemployment, you are not entitled. Maybe your "Christian beliefs" can provide for you.

[mahatmakanejeeves]

5. It's not that easy.

She's an elected official, if I'm not mistaken. She can't just be fired.

Someone who knows more, please chime in.

[Botany]

8. She swore to uphold the laws of KY and the USA and she isn't doing that

right now.

[csziggy]

34. If she's elected, impeach her for failure to perform her duties

Fire the clerk that was substituting for her. And inform her office that legal advice from a partisan law firm is inappropriate for an government office.

From the article linked in the OP:
"Deputy clerk Nathan Davis says the office was advised by attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals the order."

Doesn't that county have a county solicitor? Why isn't her office consulting with their own county attorneys?

Edited to add:

THESE are the attorney's Kim Davis should be paying attention to:

Commonwealth's Attorney
21st Circuit: Bath, Menifee, Montgomery, Rowan
Hon. Ronnie Goldy
44 West Main Street
Mt. Sterling, KY 40353
Phone: [phone]
Fax: [phone]


County Attorney
Hon. Cecil Watkins
600 West Main Street, Courthouse
Morehead, KY 40351
Phone: [phone]
Fax: [phone]

http://ag.ky.gov/criminal/pac/pages/attorneys.aspx

[bluestateguy]

40. yes it is

She is now in defiance of state law and a federal court order.

The governor could remove her from office by sending in state troopers to arrest her.

Things only become needlessly complexified when lawyers start get involved.

[mahatmakanejeeves]

41. "Things only become needlessly complexified when lawyers start get involved."

I'm pretty sure lawyers were involved in the whole Supreme Court thingy.

Sending in the state troopers would also probably kick off some sort of legal thing too.

Remember:

[jberryhill]

3. She filed a Notice of Appeal and Motion to Stay today

This is the show so far:


Date Filed # Docket Text
07/02/2015 1 COMPLAINT ( Filing fee $400; receipt number 0643-3252874), filed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs. (Attachments: # 1 Exhibit 1 - Cheves Article, # 2 Exhibit 2 - Wolfson Article, # 3 Exhibit 3 - Gov. Letter, # 4 Civil Cover Sheet, # 5 Case Assignment, # 6 Summons Davis, # 7 Summons Rowan County, KY)(SKV) (Entered: 07/03/2015)

07/02/2015 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(SKV) (Entered: 07/03/2015)

07/02/2015 3 Summons Issued as to Kim Davis,Individually, Kim Davis in her official capacity as Rowan County Clerk, and Rowan County, Kentucky for service on the County Judge Executive; Summons issued and returned to counsel electronically for service by Certified Mail. (Attachments: # 1 Summons Kim Davis, Officially, # 2 Summons Rowan County, KY) (SKV) (Entered: 07/03/2015)
07/03/2015 Conflict Check run. (SKV) (Entered: 07/03/2015)

07/03/2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Wilhoit for review: re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (SKV) (Entered: 07/03/2015)

07/06/2015 4 ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to Honorable David L. Bunning, Judge of the Eastern District of Kentucky, for all further proceedings. Judge Henry R. Wilhoit, Jr recused. Signed by Judge Henry R. Wilhoit, Jr on 7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

07/06/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review upon filing of 4 Order of Recusal (KSS) (Entered: 07/06/2015)

07/06/2015 ***MOTION SUBMITTED TO CHAMBERS of Bunning for review: re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (KSS) (Entered: 07/06/2015)

07/06/2015 5 ORDER re 2 MOTION for Preliminary Injunction: IT IS ORDERED that this matter be and is, hereby scheduled for a preliminary injunction hearing on Monday, July 13, 2015 at 12:00 p.m. in Ashland, Ky before Judge David L. Bunning. Signed by Judge David L. Bunning on 7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

07/06/2015 6 NOTICE TO ATTORNEY L. Joe Dunman by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KSS) (Entered: 07/06/2015)

07/08/2015 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Pennsylvania, # 2 Cover letter, # 3 Receipt)(KSS) (Entered: 07/08/2015)

07/08/2015 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Florida, # 2 Exhibit B-Request for certificate, # 3 Exhibit C-The Florida Bar webpage, # 4 Cover letter, # 5 Receipt)(KSS) (Entered: 07/08/2015)

07/08/2015 BAR STATUS Check completed as to Jonathan D. Christman, Roger K. Gannam re 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis; 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis (KSS) (Entered: 07/08/2015)

07/08/2015 ***MOTIONS SUBMITTED TO CHAMBERS of Bunning for review: re 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice for Kim Davis; 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice for Kim Davis (KSS) (Entered: 07/08/2015)

07/09/2015 9 VIRTUAL ORDER: granting 8 Motion to Appear Pro Hac Vice by Roger K. Gannam for Kim Davis granting 7 Motion to Appear Pro Hac Vice by Jonathan D. Christman for Kim Davis. Signed by Judge David L. Bunning on 7/9/2015. (KSS)cc: COR, Gannam, Christman (via US Mail w/ECF packet) (Entered: 07/09/2015)

07/13/2015 Attorney Update. Attorney Anthony Charles Donahue for Kim Davis,Anthony Charles Donahue for Kim Davis,Jeffrey C. Mando,Cecil R. Watkins for Rowan County, Kentucky added. (SMT) (Entered: 07/14/2015)

07/13/2015 10 MINUTE ENTRY ORDER PRELIMINARY INJUNCTION HEARING held on 7/13/2015 re 2 MOTION for Preliminary Injunction; matter was called with parties present; during hearing counsel advised that dft Kim Davis had not yet been formally served; court having heard counsel and testimony of witnesses and 1) dft Kim Davis oral motion to continue hearing and deny motion for prel inj w/o prej for lack of service on dft is denied; Counsel for Kim Davis oral motion to certify that issue for Sixth Circuit is is also denied 2) pla oral motion to convert to a TRO hearing is denied 3) the evidentiary portion of the hearing is continued generally as set forth in paragraph six herein 4) dft shall be prepared to produce evidence of the Rowan County Clerk's formal functions and duties at the reconvened hearing 5) dfts written Responses due by 7/30/2015, and pla Replies due NLT 7 days thereafter; 6) pla shall file forthwith a notice of service as soon as dft Kim Davis has been formally served; upon filing of that Notice, the court will reconvene the evidentiary portion of the prel. inj hearing in Covington on a date not earlier than 7/20/15; the court will contact counsel prior to scheduling that reconvened hearing. before Judge David L. Bunning: (Court Reporter Peggy Weber.) (SMT)cc: COR (Entered: 07/14/2015)

07/13/2015 16 Witness List for Preliminary Injunction Hearing held on 7/13/2015. (KSS) (Entered: 07/14/2015)

07/14/2015 11 NOTICE OF MANDATORY ECF DIRECTED TO Cecil R. Watkins, non-registered re 10 Motion Hearing minute order HAD TO BE MAILED TO, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, with ecf packet (SMT) (Entered: 07/14/2015)

07/14/2015 12 STRICKEN FROM DOCKET AS AN INCOMPLETE DOCUMENT (Entered: 07/14/2015)

07/14/2015 13 STRICKEN FROM DOCKET AS AN IN COMPLETE DOCUMENT (Entered: 07/14/2015)

07/14/2015 14 NOTICE OF APPEARANCE by Rowan County, Kentucky. (Mando, Jeffrey) (Entered: 07/14/2015)
07/14/2015 15 NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Donahue, Anthony) (Entered: 07/14/2015)

07/14/2015 Attorney Update. Attorney Claire E. Parsons for Rowan County, Kentucky added. (SMT) (Entered: 07/15/2015)
07/15/2015 NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re 13 Summons Returned Executed, 12 Summons Returned Executed, was an INCOMPLETE PDF document (only page 2 of the summons was presented) filed as main document; Attorney shall re-file the corrected Summons within seven (7) calendar days. In addition please file the green card showing the date and signature on which summons was executed *CD* cc: COR (SMT) (Entered: 07/15/2015)

07/15/2015 17 INCORRECTLY FILED SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier via certified mail, Restricted Delivery, Return Receipt to Rowan County, Kentucky served on 7/9/2015, answer due 7/30/2015. (Attachments: # 1 Certified Mail Slips, # 2 screen Shot showing deliveryc, # 3 return receipt)(Landenwich, Laura) Modified on 7/16/2015 See DE 20 for correction (KSS). (Entered: 07/15/2015)

07/15/2015 18 ORDER: IT IS ORDERED that the parties shall RECONVENE before the Court on Monday, July 20, 2015 at 10:00 a.m. in Covington. The parties shall come prepared to CONCLUDE the evidentiary portion of the preliminary injunction hearing. Signed by Judge David L. Bunning on 7/15/15.(KSS)cc: COR (Entered: 07/15/2015)

07/15/2015 19 SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs via Personal Service to (Sharp, William) (Entered: 07/15/2015)
07/15/2015 20 SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, Kim Davis, April Miller, Stephen Napier, L. Aaron Skaggs via Certified Mail to (Attachments: # 1 Receipt Blevins Receipt)(Canon, Daniel) (Entered: 07/15/2015)

07/16/2015 21 TRANSCRIPT of Proceedings: Preliminary Injunction held on 07-13-2015 before Judge Bunning. Court Reporter: Peggy W. Weber, Telephone number 859-421-0814. Transcript ordered by: Roger Gannam, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/19/2015. (Entered: 07/16/2015)

07/17/2015 22 ORDER: IT IS ORDERED that Defendant Kim Davis' counsel shall formally enter their appearances in advance of the hearing set for Monday, July 20, 2015 at 10:00 a.m. in Covington. Signed by Judge David L. Bunning on 7/17/15.(KSS)cc: COR (Entered: 07/17/2015)

07/17/2015 23 NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Gannam, Roger) (Entered: 07/17/2015)

07/17/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: 23 NOTICE OF APPEARANCE Attorneys Gannam, Christman (KSS) (Entered: 07/17/2015)

07/20/2015 24 MINUTE ENTRY ORDER FOR PRELIMINARY INJUNCTION MOTION HEARING held on 7/20/2015 re 2 MOTION for Preliminary Injunction before Judge David L. Bunning. Court reconvened to conclude evidentiary portion of preliminary injunction hearing; IT IS ORDERED as follows: 1) Dft Kim Davis' oral motion to dismiss Plf's Motion for Preliminary Injunction R. 2 is denied. 2) The Clerk is directed to submit Plf's Motion for Preliminary Injunction DE 2 to the undersigned chambers for decision upon the filing of Dft's written response and Plf's reply (Court Reporter Lisa Wiesman.) (KSS)cc: COR (Entered: 07/20/2015)

07/20/2015 25 Witness and Exhibit List from Preliminary Injunction Hearing held on 7/20/2015 in COVINGTON. (KSS) (Entered: 07/21/2015)

07/23/2015 26 TRANSCRIPT of Proceedings: Preliminary Injunction Hearing held on July 20, 2015 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Roger K. Gannam, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (Entered: 07/23/2015)

07/29/2015 27 ANSWER to 1 Complaint, with Jury Demand by Rowan County, Kentucky.(Mando, Jeffrey) (Entered: 07/29/2015)
07/30/2015 28 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Rowan County, Kentucky. (Mando, Jeffrey) (Entered: 07/30/2015)

07/30/2015 29 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A: July 13, 2015 Hearing Transcript, # 2 Exhibit B: July 20, 2015 Hearing Transcript, # 3 Exhibit C: Copies of Davis Exhibits 1 through 5 admitted at July 20, 2015, # 4 Exhibit D: Collection of Kentucky marriage law provisions from Chapter 402 of KRS, # 5 Exhibit E: Kentucky RFRA, # 6 Exhibit F: Governor Beshear Press Release dated June 26, 2015, # 7 Exhibit G: News Article re: issuance of marriage licenses in Boyd County dated July 9, 2015, # 8 Exhibit H: News Article re: issuance of marriage licenses in Kenton County dated June 29, 2015, # 9 Exhibit I: Governor Beshear Press Release dated July 9, 2015, # 10 Exhibit J: Governor Beshear Press Release dated July 7, 2015, # 11 Exhibit K: Governor Beshear Public Statement on July 21, 2015, # 12 Exhibit L: Attorney General Conways Public Statement on March 4, 2014, # 13 Exhibit M: Governor Beshear Press Release dated March 4, 2014, # 14 Exhibit N: Kentucky LRC Reports on Kentucky RFRA, # 15 Exhibit O: News Article re: fees paid by Kentucky to defend Kentucky marriage law dated May 20, 2015, # 16 Exhibit P: News Article re: Governor Beshears appeal in Bourke v. Beshear dated March 4, 2014, # 17 Exhibit Q: News Article re: hiring of private law firm after Attorney General Conway refused to defend Kentucky marriage law dated April 18, 2014, # 18 Exhibit R: News Article re: July 20, 2015 hearing dated July 21, 2015, # 19 Exhibit S: News Article re: Kentucky legislature general session dated July 10, 2015, # 20 Exhibit T: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 21 Exhibit U: Map of Kentucky counties)(Christman, Jonathan) (Entered: 07/30/2015)

07/31/2015 30 ORDER: IT IS HEREBY ORDERED that Plf's Reply Brief shall address Dft Rowan County's arguments re the pursuit of injunctive relief against Dft Kim Davis in her official capacity. Specifically, Plf's shall explain (1) whether they intend to pursue injunctive relief against Dft Kim Davis in her official capacity and/or individual capacity; and (2) if Plf's still intend to pursue injunctive relief against Dft Kim Davis in her official capacity, the legal basis for doing so. Signed by Judge David L. Bunning on 7/31/15.(KSS)cc: COR (Entered: 07/31/2015)

08/02/2015 31 MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Sharp, William) (Entered: 08/02/2015)

08/04/2015 32 MOTION to Dismiss by Kim Davis, Kim Davis (Attachments: # 1 Memorandum in Support of Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint, # 2 Proposed Order Granting Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint)(Christman, Jonathan) (Entered: 08/04/2015)

08/04/2015 33 INCORRECTLY FILED VERIFIED THIRD PARTY COMPLAINT against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5))(Gannam, Roger) Modified on 8/5/2015 TO STATE INCORRECTLY FILED SEE ENTRY 34 FOR CORRECT ENTRY (SMT). (Entered: 08/04/2015)

08/04/2015 34 VERIFIED THIRD PARTY COMPLAINT (corrected filing to include summonses) against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5), # 6 Summons Governor Steven L. Beshear, # 7 Summons State Librarian and Commissioner Wayne Onkst)(Gannam, Roger) (Entered: 08/04/2015)

08/04/2015 35 Summons Issued as to Steven L. Beshear, Wayne Onkst; Summons issued and returned to counsel electronically (SMT) (Entered: 08/05/2015)

08/06/2015 36 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Sharp, William) (Entered: 08/06/2015)

08/07/2015 37 MOTION for Leave by Rowan County, Kentucky (Attachments: # 1 Proposed Order, # 2 Supplement Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Mando, Jeffrey) (Entered: 08/07/2015)

08/07/2015 38 ORDER: The Court having reviewed the briefing on Plf's Motion for Preliminary Injunction, Docs 2 28 29 and 36 and being otherwise sufficiently advised, IT IS ORDERED that this matter be, and is, hereby set for a telephonic conference on Monday, August 10, 2015 at 9:00 a.m.. The parties shall be prepared to address the pursuit of injunctive relief against Def Davis in her official capacity as Rowan County Clerk. Arguments shall be limited to fifteen (15) mins per side. No further briefing shall be permitted. The parties must dial in to this conference at least five (5) mins in advance of the scheduled time by the steps herein. Signed by Judge David L. Bunning on 8/7/15.(KSS)cc: COR (Entered: 08/07/2015)

08/07/2015 39 MOTION for Preliminary Injunction by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction, # 2 Exhibit A: Verified Third-Party Complaint of Defendant Kim Davis, # 3 Exhibit B: July 13, 2015 Hearing Transcript, # 4 Exhibit C: July 20, 2015 Hearing Transcript, # 5 Exhibit D: Kentucky LRC Reports on Kentucky RFRA, # 6 Exhibit E: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 7 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction)(Christman, Jonathan) (Entered: 08/07/2015)

08/10/2015 40 SUMMONS Returned Executed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) via service of summons on person designated by law to accept service of process to Wayne Onkst served on 8/10/2015, answer due 8/31/2015. (Christman, Jonathan) (Entered: 08/10/2015)

08/10/2015 41 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/10/2015 before Judge David L. Bunning. Matter called for further hearing on Plf's Motion for Preliminary Injunction DE 2 with parties present, by counsel, as noted above. The Court having heard counsel and testimony of witnesses and being otherwise sufficiently advised, ORDERED AS FOLLOWS: 1) After hearing arguments from the parties, the Motion for Preliminary Injunction DE 2 STANDS SUBMITTED (Court Reporter Peggy Weber.) (KSS)cc: COR (Entered: 08/10/2015)

08/11/2015 42 MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Exhibit A: E-mails between counsel re: request for extension of time to respond to Plaintiffs' Motion for Class Certification, # 2 Proposed Order Granting Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification)(Christman, Jonathan) (Entered: 08/11/2015)

08/12/2015 43 MEMORANDUM OPINION & ORDER: IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction DE 2 against Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby granted. IT IS FURTHER ORDERED that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs. Signed by Judge David L. Bunning on 8/12/15.(KSS)cc: COR (Entered: 08/12/2015)

08/12/2015 44 NOTICE OF APPEAL as to 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). Filing fee $ 505, receipt number 0643-3282893. (Attachments: # 1 Exhibit A: August 12, 2015 Memorandum Opinion and Order)(Christman, Jonathan) (Entered: 08/12/2015)

08/13/2015 45 MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal, # 2 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal)(Christman, Jonathan) (Entered: 08/13/2015)

[Botany]

6. Good thing she isn't "lawyered up."

SCOTUS has made it the law of the land so she can not find any
legal cover using the courts as a way out of doing her job. She should
be fired for cause ASAP.

[jberryhill]

14. What do you mean she isn't "lawyered up"?

She can't be fired, it's an elected post and the governor doesn't have the authority to fire her.

Her lawyers are provided by an outfit called "Liberty Counsel", and they've also filed a separate lawsuit on her behalf against the Governor for religious discrimination.

But I don't know why you think she doesn't have lawyers.

[songbookz]

17. She can, however, be jailed

For contempt of court until she issues the license.

[jberryhill]

18. Depends

She has filed a Notice of Appeal and a Motion to Stay the order.

The court hasn't ruled on the Motion to Stay.

If the court denies the motion to stay, then the court is going to have to issue an Order to Show Cause before getting to a contempt ruling.

Federal litigation does not work like a video game.

[Orrex]

4. Bigoted Asshole Proves She's a Bigoted Asshole

[Geronimoe]

7. Zealots

You have to be careful with these faux christian zealots. If you fire her for refusing to do her job, she may go postal.

[Elmer S. E. Dump]

12. She can't go postal because she doesn't work for the post office.

She could go all clerk on them though.

[Elmer S. E. Dump]

9. This won't work out well for her.

"her Christian beliefs prevent her from issuing licenses to same-sex couples"

correction:

"her Christian beliefs prevent her from keeping her job"

Dumb fundie maroon!

[Old Union Guy]

28. "Her Christian beliefs prevent her from keeping her job" ???

This proposition (much as I like it) has not gone through the courts yet.

We'll see.

[hobbit709]

10. Evidently her "religious" beliefs didn't stop her getting married 4 times.

[Sunlei]

11. Fire her & hire a new clerk who does their job.

Let her collect unemployment until the Court is done. When the firing is justified, the state will take back unemployment paid out in 'error'.

Her gay- hater 'supporters' taking care of the court filings will pass the hat for her when its over.

[BlueJazz]

13. This clerk is a jerk.

[mahatmakanejeeves]

15. Clerk turns away same-sex couple after federal judge orders her to issue marriage licenses

Clerk turns away same-sex couple after federal judge orders her to issue marriage licenses

By John Cheves
[e-mail]
[phone].
@BGPolitics
Blog: Bluegrasspolitics.bloginky.com.

August 12, 2015 Updated 30 minutes ago



Rowan County Deputy Clerk Nathan Davis, right, informed David Moore, center, and David Ermold, left, that he would not issue them a marriage license Thursday, Aug. 13, 2015 at the Rowan County Clerk's office in Morehead. Moore and Ermold were at the courthouse early Thursday following an order by a federal judge that Rowan County Clerk Kim Davis issue the licenses, despite her religious convictions. Photo by John Flavell THE HERALD-LEADER

[font color ="red"]{Who is Nathan Davis? Is he also party to this suit or case or whatever it is? - MKJ}[/font color]

A federal judge on Wednesday ordered Rowan County Clerk Kim Davis to resume issuing marriage licenses despite her religious objection to same-sex marriage, but Davis quickly filed an appeal and continued her refusal to issue licenses.

Davis will ask Bunning to stay his injunction while she appeals it to the 6th Circuit U.S. Court of Appeals, said her attorney, Roger Gannam.

On Thursday morning, Rowan County Deputy Clerk Nathan Davis turned away David Moore and David Ermold, refusing to issue the men a marriage license.

"Kim Davis is resolute in vindicating her rights," said Gannam, senior litigation counsel at Liberty Counsel, a religious advocacy group. "Fundamentally, we disagree with this order because the government should never be able to compel a person to violate their sincerely held religious beliefs."

Who is deputy clerk Nathan Davis? That's easy. He's Kim Davis's son.

Nice work, if you can get it. More:

KENTUCKY: Office Of County Clerk Kim Davis Defies Court, Turns Away Two Gay Couples Seeking Marriage Licenses

August 13, 2015

Late yesterday Kentucky county clerk Kim Davis was ordered to issue marriage licenses to all qualified couples. Yet this morning her office turned away two gay couples. Via the Associated Press:

....
On Thursday, deputy clerk Nathan Davis, Kim Davis’ son, said the office was advised by attorneys with the Christian law firm Liberty Counsel to continue refusing same-sex couples as it appeals the order that was filed Wednesday. They told David Moore and his partner David Ermold, who showed up as soon as the doors opened, that they were not issuing marriage licenses. Davis’ attorneys at Liberty Counsel were not available for comment Thursday. They told WKYT they were in a prayer meeting. After being turned away by the clerk’s office, the couple went to the county judge executive’s office to see whether he would issue a marriage license. Moore and Ermold say he told them he didn’t have the required paperwork and that the issue would have to be settled by the courts. When they were turned away this morning Moore and Ermold got emotional. This is not the first time Moore and Ermold, his partner of 17 years, have been denied a marriage license by the Rowan County Clerk’s Office. Last Month, the couple tried to get a marriage license, but Kim Davis refused to issue it. They videotaped the experience, posted it on YouTube and it eventually went viral. “These people are cruel and this is wrong. And that’s how it is,” Ermold said. “That’s the bottom line. She’s wrong and these people are cruel to do this to us and that’s how I feel.”

[Picking Dem]

45. Neoptism runs amok...

I see...

I would suggest the the Davis family members who are civic servants in form or another tender their resignations and quit disturbing state work.

[4lbs]

16. A government employee that refuses to do their job in its entirety? FIRE THEM and then

let them be sued in civil court by the couple(s) to whom she refused to issue the marriage licenses.

EDIT: Also, since she is not complying with a federal order, I'm sure federal charges could be levied. Contempt? Obstruction of justice? Any lawyers that could clarify this?

I bet that "religious exemption" bullcrap would dissipate really quickly.

[jberryhill]

19. the process is as follows....

First, there is no one in a position to fire her. She's an elected official.

Second, she is being sued. This order came from that suit.

Third, contempt of court is an inherent power of the court, no "charges" need to be made, and "obstruction of justice" doesn't apply here.

She has appealed the order and filed a Motion to Stay the order.

In all likelihood the court is going to deny the Motion to Stay. That would be followed by an Order to Show Cause why she should not be held in contempt. After a hearing on the Order to Show Cause, she could be found in contempt, and there is a broad range of sanctions within the courts power.

I doubt the "religious exemption bullcrap" will dissipate at all, because it is quite clear that she intends to become a martyr for the cause, and is heading for the GoFundMe payout.

[lancer78]

23. And with the hobby lobby decision

the Pope's lackeys on SCOTUS would probably approve of her right to discriminate.

[jberryhill]

25. It won't get that far

The Circuit Court of Appeals will knock this back down.

The defendant will file to SCOTUS.

SCOTUS won't take it up.

[lancer78]

37. SCOTUS

will take it up as the conservative 5 said that people do have a right to deeply religious beliefs.

[jberryhill]

38. Would you care to wager on that proposition?

[lancer78]

44. looks like she got

A court to issue a stay in her favor. I don't agree with her, but since it will only take 4 justices to grant cert, I am very confident that fat tony, soapy sam, and uncle ruckus will grant cert and I am sure roberts will as well.

[jberryhill]

46. Getting ahead of things there

The appeal is to the 6th Circuit Court of Appeals. It is going to issue a summary affiemance, and the Supreme Court is not going to take it up.

[lancer78]

47. I would agree with you

But this SCOTUS seems very keen on protecting religious liberty of people RE: Hobby Lobby.

[packman]

22. Turning work places into churches

My wife recounted the story of one of her fellow co-workers who turned her cubicle into a Jesus cube - sayings, crosses, pictures, statues, etc. Well, this nut went off the rails when another worker from her posted a huge poster of those male stripper back then in all their glory (really just bare-chested) just opposite her cube. Went to the top when she complained and it was decided that all such crap had to come down - what's good for the goose, etc.

[blackspade]

20. What an asshole.

[Jokerman]

21. "Christian law firm Liberty Counsel"

"It's also possible for a lawyer to be just plain stupid, isn't it? I mean it's possible."
Juror #8
12 Angry Men

[DemByDefault]

24. I would encourage everyone to call her office

and let her know that if she is incapable of performing the tasks of her job then she should resign and give up all the kushy perks of her 'big government' gig immediately.

She can be reached at [phone]

[Lil Missy]

26. Long past time to fire her ass. n/t

[Scalded Nun]

27. Steps to take (I guess in no particular order)

The city/county/state should:

Cite her for contempt
Cite her for civil rights violation
Cite her for malfeasance
Fire her

Those individuals (couples) affected should do:

Sue her for violation of rights, mental anguish, and whatever else if valid. Sue her into the fucking ground.

[ShrimpPoboy]

29. Sad but unsurprising

At least the couple will get a little pay day from the inevitable lawsuit that follows. They should file quickly before someone at the clerks office with brains steps in and resolves it.

[Paladin]

30. Fire her.

Her, and any member of her staff who think they don't have to abide with the U.S. Constitution.

[bluestateguy]

31. If I lived in that county I'd refuse to pay my property taxes until she complies or is removed

nt

[Behind the Aegis]

32. We will see more and more of this.

What's worse, is we will likely see homophobia become a major plank again in the Republican party, this time disguised as an "attack on the family". Despite this victory, there is still many to go, and if, G-d forbid, the republicans get back in power, our victory may be short-lived.

[mahatmakanejeeves]

33. One Brave County Defies Law, Refuses Gay Couples Right to Marry

Sarcasm, peeps; sarcasm.

One Brave County Defies Law, Refuses Gay Couples Right to Marry

[left-of-center2012]

35. In her defense

Pat Robertson said he spoke with God and "He" told her not to.

[gvstn]

36. Do these people not see that almost every Western country was ahead of us?

We are playing catch up with the rest of the Western world. There is no turning back. How much of a second world nation do they want to make us? It is pathetic that we did not lead on this issue. At one time we were better than that (or so I've been taught or, maybe propagandized to believe).

[bluestateguy]

39. So now what?

She blew off that court decision like a used tissue.

She appears ready to drag this out for months and months.

More appeals, more hearings, more lawyers.

When will the governor send state troopers in to arrest her and remove her from office.

[riversedge]

42. she has appealed but there is no stay in place yet...

http://thinkprogress.org/lgbt/2015/08/13/3691260/kentucky-clerk-marriage-license-violation/


....Davis has appealed the decision and asked for a stay of the injunction, but she has not yet successfully obtained a stay. Thus, her refusal to issue a license Thursday morning was in clear violation of Bunning’s order. Though courts that hold a defiant party in contempt are supposed to exercise the “least possible power” necessary to end that defiance, Davis could face fines or even be jailed until she agrees to comply with the Constitution.

[riversedge]

43. "He was hired by his mother, Kim Davis -- which is a violation of Kentucky Anti-Nepotism laws."

Found this in the comment section. Looks like they are birds of the same feather!



.....Adam West
Nelson Kerr - her son, Nathan Davis, who refused to issue the marriage license yesterday is not an elected official. He was hired by his mother, Kim Davis -- which is a violation of Kentucky Anti-Nepotism laws.
(KRS 11A.020 (1)(a),(c), and (d) state that she is prohibited from being the supervisor of any family member and prohibited from hiring her son. (Link to KY Advisory opinion on KY Anti-Nepotism laws: http://ethics.ky.gov/SiteCollection.../CodeOfEthicsGuide.pdf )

[mahatmakanejeeves]

48. She can't be fired, because

she's an elected official, and therefore:

Clerk to continue to deny marriage licenses to gays

Kentucky county official appealing judge’s order

posted 1 minute ago (CDT)
by / Associated Press

....
Davis faces fines and a possible jail sentence for contempt of court if she loses the lawsuit, but she can only be impeached from her $80,000 a year job by the state legislature, and lawmakers won’t reconvene until January.

[randome]

49. If she's jailed, won't there be a backup who can issue licenses?

If she was in the hospital, seems like someone else would step in to do her job.
[hr][font color="blue"][center]A ton of bricks, a ton of feathers, it's still gonna hurt.[/center][/font][hr]