Debra K
Gold Member
- Jul 10, 2015
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If she exhausts her appeals, fails to resign, and still refuses to issue marriage licenses, then the court can hold her in contempt of a court order (which might include monetary penalties and/or jail time). Perhaps people will send her donations to ease her troubled soul.
Not quite. The courts don't need to wait for the legislature and appeals process to find her in contempt of court. If I remember correctly the District Judge gave her until Monday, now that the 6th Circuit has denied the stay request she can send an emergency request to stay to the SCOTUS. If they deny it and come Monday she isn't complying with the law the Federal Judge can hold a contempt hearing immediately.
>>>>
I was talking about exhausting her appeals on the STAY issue, which was the subject of the ongoing discussion.
The District Court issued a preliminary injunction, which requires her to issue marriage licenses.
The rules allow her to take an interlocutory appeal to the Circuit Court of Appeals, which she did.
She motioned the District Court for an order staying enforcement of the preliminary injunction pending appeal. The District court denied her motion, but gave her until August 31.
She motioned the 6th Circuit Court of Appeals for an order staying enforcement of the preliminary injunction pending appeal. The 6th Circuit denied her motion.
I read this morning that her counsel is now appealing that to the Supreme Court:
On Wednesday, a three-judge panel of the 6th Circuit U.S. Court of Appeals unanimously denied the stay Davis sought of a lower court's order that will force her to issue marriage licenses despite her religious opposition to same-sex marriage. A temporary delay in that order from U.S. District Judge David Bunning was set to expire Monday.
"It is disappointing, certainly for our client, because the ramifications of the ruling is that there are no religious freedom rights for individuals if you can say a case is just against the office. The problem with that is, individuals who hold public office don't forfeit their constitutional rights," said Mat Staver, chairman of Liberty Counsel, the religious advocacy group representing Davis.
Davis will appeal one more rung up the ladder, to U.S. Supreme Court Justice Elena Kagan, who can intervene in 6th Circuit cases, Staver said.
Read more here: Lexington, KY local and state news by the Lexington Herald-Leader | Kentucky.com
If Kim Davis does not get a stay from Justice Kagan, then her appeals on the stay issue are exhausted.