Kentucky Clerk Jailed for Contempt of Court

[PaintMyHouse]

Nice...

 

[Skylar]

your link for the 2nd circuit is the same link for the 4th......so one of these links, at least, is a lie..........regardless they did not have the right to avoid that precedent

A mistake in copying a link incorrectly is not a lie. Here is the corrected link -->>
http://www.ca2.uscourts.gov/decisio...6-98fa59ffb645/1/doc/12-2335_complete_opn.pdf

They didn't "avoid" the precedent. Avoiding the precedent would have been not mentioning it. But they did mention it.

Precedent's are not inviolate such when the conditions under which the precedent are not the same or when the SCOTUS indicates that the previous conditions no longer apply. Which of course exactly what happened with Roamer v. Evans, Lawrence overturned Bowers and when they issued the Windsor decision, all showing that homosexual have due process and equal protection rights.

If the SCOTUS had thought that Baker was still applicable, then they would have slapped down the first appeal that reached them concerning SSCM. But they didn't. In the end the District and Circuit Court Judges got the correct read from the SCOTUS as they specifically overturned Baker as part of Obergefell.


>>>>

saying that the SCOTUS would have done the right thing in slapping down the appeal.........when of course their mind was already made up ...........is kind of a circular argument. ...............

No, its a clear demonstration that you don't know what you're talking about. You're insisting that the lower courts were bound to Baker, when they weren't.

The lower court rulings overwhelmingly relied on more recent precedent, most relevantly tghe the precedent of Windsor. With its communication of the court's position on same sex marriage so clearly that even Scalia said it was 'beyond mistaking' and that the State same sex marriage bans being overturned using the logic of Windsor was 'inevitable.'

Scalia and the lower courts were right on how to interpret the Windsor ruling: the USSC did affirm same sex marriage and did overturn state marriage bans. The lower courts got it right. With the exception of the 6th which the USSC reviewed and overturned.

Your position that the lower courts should have ignored Windsor, Lawrence and Romer in favor of Baker was wrong. As the USSC demonstrated so elegantly in Obergefell.

I dont believe Windsor itself said it overruled Baker....so why should the lower courts assume it did?

Because 'what you believe'has no relevance to case law, precedent or any ruling.

And of course, because there was far more relevant, immediate precedent that actually had specific findings to guide decisions. Romer, Lawrence and Windsor collectively representing over a hundred pages of binding precedent. Baker was a single sentence formalizing a denial of writ of cert in accordance with federal law at the time. The USSC does this a hundred times a session now with no particular legal relevance.

Actual rulings provide orders of magnitude more guidance for lower court rulings than a formal denial of cert. And with each of the rulings being more relevant as they are more recent. And thus establish a legal foundation that didn't exist at the time of Baker.

And because Windsor utterly telegraphed the court's interpretation of the right to same sex marriage. Even those in dissent recognized the clarity of Windsor in communicating the court's views and intentions. With Scalia calling the court's view on same sex marriage bans 'beyond mistaking'. And concluding that the application of the logic of Windsor to overturn state same sex marriage bans 'inevitable'.

The lower court found Windsor equally compelling with almost universal consensus. Something like 46 of 49 rulings aligned with this interpretation of Windsor. An interpretation which was affirmed as the correct one by the high court in Obergefell.

You ignore the impact of Romer and Lawerence and discount the clarity of Windsor. The lower courts didn't. Even those in dissent of Windsor didn't. And as the Obergefell ruling demonstrates, you were wrong to do so.

It dealt with a side issue...............who had the power on wedding policy...and really in a way affirmed Baker by saying it was the states.....i.e. want of federal question. I am sure you are misreading Scalia.....

I'm sure you haven't read Scalia's dissent in Windsor and have no idea what you're talking about.

 

[saintmichaeldefendthem]

Kim Davis is an idiotic Religionist mental midget ...God laughs at her outlandish claims to know what God's views are...God rejects Dixie flag Right wing slags ...

Brazenly speaking for the Almighty. Judgment day will be truly dreadful for you.

Is that not what "Kimbo" is doing nut boy....speaking for the "Almighty"......... get real...only little children are scared by Judgement day.... I am being stalked [as you are and everyone] by personal death...Judgement day is nothing for me cause I am already facing certain death. I know I am going to die when it comes time for me to die.....grow up and stop the"Judgement day" ninny show....

No that's not what Kim is doing. You going on and on about who God hates makes you exactly like someone holding a "God hates fags" sign. If you can't see the difference between your presumptuous words and Kim simply saying she feels it would be wrong, then you're an idiot.

Someday you are going to stand before a holy God and give an account for your own life. Even the righteous dread the day and humble themselves in the sight of the Lord.

Its hard to remember you are a NA. Your brain washer did an amazing job.

You wound me! I'm retreating to my happy song. It kinda reminds me of you.

 

[TyroneSlothrop]

I have as much of God's authority as Kimbo............

 

[saintmichaeldefendthem]

I have as much of God's authority as Kimbo............

Yeah, but your ego is like...

 

[saintmichaeldefendthem]

saying that the SCOTUS would have done the right thing in slapping down the appeal.........when of course their mind was already made up ...........is kind of a circular argument. ...............

but as your 3rd link shows.............the other courts, when they did mention it......................got it wrong.

You said the lower courts didn't address Baker - I showed they did address Baker.

You said they were bound by Baker - I showed where there were developmental caused Baker not to apply.

You say the lower courts got it wrong - yet the SCOTUS upheld the lower courts and specifically declared Baker overturned.

And they "got it wrong".

Well at that point there is only one thing to say.

...................................

you showed some of them addressed baker.....at least one in opposition to the other courts....

5 of 9 of SC agree with you, hardly a slam dunk.......and 2 of the 5 in majority signaled their impervious-ness to logic and legal precedent when they presided over gay weddings.

The Valentines Day ruling is emblematic of the majority of lower courts

How much longer are you going to beat that dead horse. You're like a 2 year old in a supermarket check out line having a temper tantrum because mom wont buy you a Mars Bar

A two year old would just grab it.

THANK GOD you never had any kids. That much is clear.

Perhaps if you kidnapped more 2 year olds at gunpoint, you would know this.

 

[TyroneSlothrop]

Hell yes I am a child of the Universe no less than the Moon and the Stars I have a right to be here .... Me a singularity that has developed on a vast field of consciousness occupying space/time bandwidth and doing a wiz bang job of it .... I was born born born born to be alive...born to be alive

 

[saintmichaeldefendthem]

Hell yes I am a child of the Universe no less than the Moon and the Stars I have a right to be here .... Me a singularity that has developed on a vast field of consciousness occupying space/time bandwidth and doing a wiz bang job of it .... I was born born born born to be alive...born to be alive

Life's a cosmic plane and then you die?

 

[TyroneSlothrop]

Hell yes I am a child of the Universe no less than the Moon and the Stars I have a right to be here .... Me a singularity that has developed on a vast field of consciousness occupying space/time bandwidth and doing a wiz bang job of it .... I was born born born born to be alive...born to be alive

Life's a cosmic plane and then you die?

You think your ego identity remains forever.....................?

 

[saintmichaeldefendthem]

Hell yes I am a child of the Universe no less than the Moon and the Stars I have a right to be here .... Me a singularity that has developed on a vast field of consciousness occupying space/time bandwidth and doing a wiz bang job of it .... I was born born born born to be alive...born to be alive

Life's a cosmic plane and then you die?

You think your ego identity remains forever.....................?

And your.

 

[Uncensored2008]

Provide the link to the modified court order.

Linking to the shit that comes out of your ass doesn't count.

Is being a dumbass part of the KOS sheet on "how to defeat a conservative."

What EXACTLY did you think this thread was about?

 

[Uncensored2008]

I'm not even going to attempt to deal with all of your inane ranting. Just one thing. What about the destruction of nuclear family ? Are you saying that two people of the same sex who are loving parents-who have children who love them and regard them as their parents are not a nuclear family. That is just fucking stupid!

You are a faker of reality, not even in the same galaxy with rational. Homosexuality does not produce offspring. Homosexuals raising the offspring of heterosexual couples do no propagate their DNA. Reality is - you can force others to claim that the Emperor is grandly dressed, but reality remains. Homosexuality confers no benefit to the survival of the species, it is a genetic dead end. The cultural impetus of humans to establish marriage is to ensure the survival of the species, not ensure that a special interest votes for their party.

 

[Asclepias]

I'm not even going to attempt to deal with all of your inane ranting. Just one thing. What about the destruction of nuclear family ? Are you saying that two people of the same sex who are loving parents-who have children who love them and regard them as their parents are not a nuclear family. That is just fucking stupid!

You are a faker of reality, not even in the same galaxy with rational. Homosexuality does not produce offspring. Homosexuals raising the offspring of heterosexual couples do no propagate their DNA. Reality is - you can force others to claim that the Emperor is grandly dressed, but reality remains. Homosexuality confers no benefit to the survival of the species, it is a genetic dead end. The cultural impetus of humans to establish marriage is to ensure the survival of the species, not ensure that a special interest votes for their party.

Says the guy that is the epitome of a genetic dead end.

 

[Uncensored2008]

Your words prove that you're intolerant about the emancipation of homosexual persons from the chains of oppression. You wish you could have them executed.

ROFL

You are a fucking retard.

That is seriously the nicest thing I could come up with to say to you...

 

[TheProgressivePatriot]

Provide the link to the modified court order.

Linking to the shit that comes out of your ass doesn't count.

Is being a dumbass part of the KOS sheet on "how to defeat a conservative."

What EXACTLY did you think this thread was about?

Oh Christ are you back? !! There was no "modified court order" The was no big compromise. The only think that changed is that she accepted the same compromise that was available to her before this ever got into court and was offered to her before she got locked up---she will allow the deputies to issue the licenses and not interfere.

GRAYSON, Kentucky - After five days behind bars, county clerk Kim Davis was ordered released from jail Tuesday by the judge who locked her up for refusing to issue marriage licenses to gay couples.

U.S. District Judge David Bunning lifted the contempt order against Davis, saying he was satisfied that her deputies are fulfilling their obligation to grant licenses to same-sex couples in her absence. But he warned Davis not to interfere with them. Judge orders Ky. clerk Kim Davis released from jail

 

[Uncensored2008]

Oh Christ are you back? !! There was no "modified court order" The was no big compromise.

Well you know that isn't true. Bunning modified the order so that Davis does NOT have to issue licenses but will not interfere with her staff issuing them.

{The court previously offered something similar to the release order as a compromise: Davis could be freed from jail as long as she didn't stop her deputy clerks from giving out marriage licenses. It's unclear whether Davis agreed to the compromise, but the court is now enforcing it in her release order — with a warning that Davis will be punished again if she doesn't cooperate.}

Kentucky clerk Kim Davis to be released from jail — on one condition

What is it you think you gain by lying?

The only think that changed is that she accepted the same compromise that was available to her before this ever got into court and was offered to her before she got locked up---she will allow the deputies to issue the licenses and not interfere.

It's similar, but not the same. Bunning scrambled to get the political prisoner out of his jail.

 

[TheProgressivePatriot]

I'm not even going to attempt to deal with all of your inane ranting. Just one thing. What about the destruction of nuclear family ? Are you saying that two people of the same sex who are loving parents-who have children who love them and regard them as their parents are not a nuclear family. That is just fucking stupid!

You are a faker of reality, not even in the same galaxy with rational. Homosexuality does not produce offspring. Homosexuals raising the offspring of heterosexual couples do no propagate their DNA. Reality is - you can force others to claim that the Emperor is grandly dressed, but reality remains. Homosexuality confers no benefit to the survival of the species, it is a genetic dead end. The cultural impetus of humans to establish marriage is to ensure the survival of the species, not ensure that a special interest votes for their party.

Complete and utter horseshit!


That is wrong and idiotic for so many reasons, I don’t know where to begin. Do you really believe that same sex marriage is a threat to the survival of our species? Just a few thoughts:

1. Homosexuality has existed in societies for as long as we have been human and probably longer. Yet we have thrived as a species.
   
   
2. Gay people represent a very small percentage of the population and probably smaller than the percentage of heterosexuals who, for whatever reasons, do not have children
   
   
3. Gay people do in fact have children. A lesbian can get pregnant and carry a child. A gay man can produce sperm and fertilize an ovum.
   
   
4. While gay people do often utilize surrogates and sperm donors and rely on medical technology to reproduce……SO DO A SIGNIFICANT NUMBER OF HETEROSEXUAL COUPLES
   
   
5. Marriage has NOTHING to do with reproduction. People have always had children in and out of marriage
   
   
6. Restricting marriage to heterosexuals will in no way increase the number of children born, as though we need more children. If you think that it will, please explain how
   

 

[TheProgressivePatriot]

Oh Christ are you back? !! There was no "modified court order" The was no big compromise.

Well you know that isn't true. Bunning modified the order so that Davis does NOT have to issue licenses but will not interfere with her staff issuing them.

{The court previously offered something similar to the release order as a compromise: Davis could be freed from jail as long as she didn't stop her deputy clerks from giving out marriage licenses. It's unclear whether Davis agreed to the compromise, but the court is now enforcing it in her release order — with a warning that Davis will be punished again if she doesn't cooperate.}

Kentucky clerk Kim Davis to be released from jail — on one condition

What is it you think you gain by lying?

The only think that changed is that she accepted the same compromise that was available to her before this ever got into court and was offered to her before she got locked up---she will allow the deputies to issue the licenses and not interfere.

It's similar, but not the same. Bunning scrambled to get the political prisoner out of his jail.

You are the one being dishonest by trying to make it sound like the judge caved in to her in some way. She did not win this.

 

[Debra K]

Oh Christ are you back? !! There was no "modified court order" The was no big compromise.

Well you know that isn't true. Bunning modified the order so that Davis does NOT have to issue licenses but will not interfere with her staff issuing them.

{The court previously offered something similar to the release order as a compromise: Davis could be freed from jail as long as she didn't stop her deputy clerks from giving out marriage licenses. It's unclear whether Davis agreed to the compromise, but the court is now enforcing it in her release order — with a warning that Davis will be punished again if she doesn't cooperate.}

Kentucky clerk Kim Davis to be released from jail — on one condition

What is it you think you gain by lying?

The only think that changed is that she accepted the same compromise that was available to her before this ever got into court and was offered to her before she got locked up---she will allow the deputies to issue the licenses and not interfere.

It's similar, but not the same. Bunning scrambled to get the political prisoner out of his jail.

The shit you pull out of your butt doesn't count as facts or law. But go ahead and celebrate the alleged victory with all the other revisionists.

 

[TyroneSlothrop]

Legal Counsel Firm For Kim Davis Is On The Southern Poverty Law Centers Hate Group Watch List
Things You Should Know About Kim Davis' Legal Counsel
The legal counsel representing Kentucky county clerk Kim Davis has been a longtime anti-LBGT law firm. The Liberty Counsel has a history of making bizarre and mean-spirited comments about the gay community.


At this point, it’s unclear if Davis requested the firm’s legal counsel or if the Liberty legal counsel law firm sought Davis out. Turns out the Davis case has become the Liberty Counsel highest profile case to date. The firm has represented Alabama probate judges who refused to grant same-sex marriages, as well as Scott Lively, the Massachusetts preacher who was involved in the”crimes against humanity“case in Uganda against that countries gay citizens.
Legal Counsel for Kim Davis, Mathew Staver, and his wife, founded Liberty Counsel in 1989. Here is where this side show we now know as the “Kim Davis Affair” gets real slimy. The Liberty Counsel is affiliated with the Liberty University Law School in Lynchburg Virginia. The pet project and strong arm of the late Jerry Falwell, Mr. Extreme Radical Christian Right himself.


Mathew Staver, the legal counsel for Kim Davis, still serves as the director of the Liberty Center for Law and Policy at Liberty University and provides legal assistance concerning religious liberty, abortion, and the family. The organization has incorporated a broad range of radical right dogmas. They’re the organization that accused the Obama Administration of spreading a “Liberal Socialist Agenda.”