Kentucky Clerk Denies Marriage License to Gay Couple

[accadacca]

[Absolute Gravity]

Wow. Didn't see that coming from you.

Damn, I saw it a mile away because Shane is probably the most consistent commenter here. He pretty much said the same thing during the whole Cliven Bundy fiasco.

This is NOT the America I fought for.

An America where government representatives get to enforce their religion upon you is not what I would have anybody fight for. Is that what you fought for?

my family and I are now seriously thinking about relocating OCONUS

Reminds me of the old liberal trope; "I'm moving to Canada if X happens". What is your preferred OCONUS location? I'm guessing Alaska.

[twotimer]

Yowza Tony...let 'er rip. Damn good post.

[Sombeech]

We are so desperate to get married, let's travel to another state multiple times where we will be met with infamous resistance.

[oldno7]

I might be a little confused, can one of you tell me what law she broke?

She defied a court order but based on what law? just looking for clarification.

[phatch]

I might be a little confused, can one of you tell me what law she broke?

She defied a court order but based on what law? just looking for clarification.

She didn't break a law. She defied a Supreme Court ruling that overturned numerous state laws and a specific court order to do her job. Or in the case Utah, that nullified an amendment to the state constitution. She was jailed for contempt of court.

While there are laws specifying a citizen's duty in regards to a court ruling and contempt of court, I don't think that's exactly what you were asking. Those are In the United States, relevant statutes include 18 U.S.C.§§ 401–403and Federal Rule of Criminal Procedure 42.

It's important to remember our legal rulebook is comprised of statute (laws by congress), but also rules, regulations, ordnance and so on, many of which are created at the will and operational necessity of various executive branch bureaus, agencies, divisions and so forth.

[qedcook]

She's been released. A district judge freed her.

[oldno7]

Really just curious as to what specific law she broke.....

If an elected official can be jailed for not conforming to a small minorities demands, then I have a list of perspective jail sitters....

Also, I don't think there is any law(prove me wrong) stating an elected official has to do their job--thats what elections are for...

Non-elected, different story, for sure....

[phatch]

The oath of office is legally binding as demonstrated in this case.

[accadacca]

Eye of the Tiger....

[oldno7]

The oath of office is legally binding as demonstrated in this case.

Boy I agree with that!!!

So you can show me her oath that states she must marry gay couples..

Geez, that should clear it all up now that you will post her oath....

[oldno7]

And of course I'm sure you'll follow that up with the exact law that states an elected official can be jailed for failure to follow an oath.

One before the other of course but it sounds like you already have these documents found, so you can share them with us all
and enhance our civic learning.

Thanks in advance for sharing these....

[Scott P]

Really just curious as to what specific law she broke.....

I was curious as well, so had to look it up. Here's what I found.

It seems that it was law 522.030 1(a) or 522.030 1(b)





Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

[Iceaxe]

She was jailed for contempt, not for breaking a law. That's a big difference.

[oldno7]

She was jailed for contempt, not for breaking a law. That's a big difference.

Guess I'm not sure why one would be in court in the first place to be able to show contempt?

[oldno7]

I was curious as well, so had to look it up. Here's what I found.

It seems that it was law 522.030 1(a) or 522.030 1(b)





Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

Could you highlight the part where you see she broke the law?

[Scott P]

Could you highlight the part where you see she broke the law?

1(b)

Refrains from performing a duty imposed upon him (her) by law

[oldno7]

1(b)

Refrains from performing a duty imposed upon him (her) by law

ah--o.k., missed the part where one of her duties was to marry gay couples.

The Kentucky Constitution, prohibits gay marriage and was passed by 75% of the votes.

Kentucky Constitution

Section 233A Valid or recognized marriage -- Legal status of unmarried individuals. Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. Text as Ratified on: November 2, 2004. History: Creation proposed by 2004 Ky. Acts ch. 128, sec. 1.

[oldno7]

So it seems her personal beliefs were one reason not to issue gay marriage license along with "State law" for a second.

I guess everyone would be ok with her going to jail for defying the Kentucky Constitution?

She swore to uphold the laws of Kentucky--right?

[Scott P]

ah--o.k., missed the part where one of her duties was to marry gay couples.

It was only after the Supreme Court overturned the State Law and said that she had to perform the marriages that she violated the law. The Supreme Court only clarifies laws according to the Constitution when lower or State courts disagree on the interpretation of the Constitution of the United States.

PS, don't shoot the messenger. I was only pointing out what law she was charged with violating. I looked it up since I was curious.

Personally, I don't support changing the definition of marriage. In my opinion, they should keep the definition of marriage how it was and just call something else a civil union. I don't know why they just don't do this and be done with it.

She swore to uphold the laws of Kentucky--right?

Actually, no. The oath never says anything about upholding the law. That is a judge's job, rather than a clerk's. Here is the oath taken by county clerks in Kentucky:

"I, ....., do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees,opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God."

The oath only says that she will perform her duties as directed (such as "recording orders of the court", and "filing and preserving books and papers"), rather than uphold the laws. As a clerk, her job isn't to uphold the law (any more than an ordinary citizen) or to make judgement, but only to record, file, perform tasks (such as issuing marriage licences), etc. A clerk only does tasks as directed by the law and courts, rather than enforces or upholds the law or makes the judegments. If she were a judge, the whole dynamics would be changed.