General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHi Ho Hi Ho It is off to jail you go..
Last edited Thu Sep 3, 2015, 05:31 PM - Edit history (1)
Kim Davis is in custody until she signs marriage licenses. Crowd outside erupts in applause
BREAKING: Judge sends Rowan Clerk #KimDavis to jail until she agrees to comply with his order to issue marriage licenses.
5 RETWEETS 2 FAVORITES
http://www.kentucky.com/2015/09/03/4018194_live-updates-developments-in-rowan.html?rh=1
avebury
(10,952 posts)Judge said fine for Kim Davis would not work b/c others apparently raising money to pay fines for her. ^JC
jberryhill
(62,444 posts)Even though the ACLU had only requested she be fined, the general guideline for contempt remedies is that they be tailored to obtaining compliance. Now, jail doesn't always work, but it is clear that fines would not.
yuiyoshida
(41,831 posts)Betty Karlson
(7,231 posts)And unfetteredly administrated too.
hollysmom
(5,946 posts)jmowreader
(50,556 posts)LeftinOH
(5,354 posts)avebury
(10,952 posts)demmiblue
(36,841 posts)snooper2
(30,151 posts)The icing on the cake would to see her crying as she is led away-
PICS PLEASE!
dixiegrrrrl
(60,010 posts)Raster
(20,998 posts)jeff47
(26,549 posts)So she would have to be impeached, and there are not enough votes in the KY Senate to convict her.
King_Klonopin
(1,306 posts)I am beginning to see the cunning plan in her twisted little mind:
1) Defy the "liberal" law and the "activist judge" that accommodates those evil "gays".
2) Set myself up to be the championing "David vs Goliath" in the eyes of the religious right (who love this shit.)
3) Take it over the top by going to jail and claiming religious persecution by "the tyrannical government"
4) Attract endless media attention from the insatiable 24-hour news beast, and whore myself to gain recognition.
5) Parlay it all into a Republican nomination for a Rep or Senate seat -- State, or even Federal ! Genius !!
Ted Cruz would be proud.
add: OR, she will use the "trauma" to file a claim for SSDI. Either way, very cunning.
Ilsa
(61,694 posts)GOPers will vote for her beyond county clerk.
NightWatcher
(39,343 posts)Judges like to be obeyed and will spank you if you go against their orders
hifiguy
(33,688 posts)The surest way to piss off a judge, ANY judge, is to disrespect them to their face. Refusing to follow a lawful order issued from the bench is the quickest way to get so far into a judge's doghouse that they will need to send spelunkers in to find you.
rpannier
(24,329 posts)Refusing quietly angers them less than
Turning your refusal into a public circus
Matariki
(18,775 posts)If there are no consequences for following Supreme Court (or any court's) decisions
lunatica
(53,410 posts)It may not seem like much to some people, but she's denying people a fundamental right and she works for the County of her State. What do you think should happen?
Fairgo
(1,571 posts)This was the only reasoned conclusion in a democracy under rule of law. She took on the mantel of office, this is the sanction.
samsingh
(17,595 posts)that's what prison is for.
Hayduke Bomgarte
(1,965 posts)demmiblue
(36,841 posts)Justice, finally.
B Calm
(28,762 posts)jberryhill
(62,444 posts)gregcrawford
(2,382 posts)hamsterjill
(15,220 posts)She probably can't wear a jumpsuit because she doesn't believe in women wearing pants. Everything that I've seen her dressed in during any video is very Duggar-esque, including the black jumper she had on yesterday with the royal blue tunic underneath.
This is a common "trick" (i.e., to wear something under) so that collarbone does not show and tempt the men around her to do horrible things and have horrible thoughts!!! Oh, my!
So, it will be interesting to say the least.
jberryhill
(62,444 posts)dixiegrrrrl
(60,010 posts)If a man vows a vow to the Lord, or swears an oath to bind himself by a pledge, he shall not break his word.
He shall do according to all that proceeds out of his mouth.
( credit to DU member TBF who posted the citation on another thread)
What fundy sect is she from, anyhow?
jberryhill
(62,444 posts)They tend to be all over the map, since they are "guided by the spirit" to do whatever insane shit they are getting up to at any particular time.
Elmer S. E. Dump
(5,751 posts)rocktivity
(44,576 posts)rocktivity
KamaAina
(78,249 posts)underpants
(182,788 posts)That hurt
lpbk2713
(42,755 posts)But I'm willing to bet she will get any number of special priveleges. Among them the right to wear her own clothing, perhaps the right to use her own cell phone, on and on.
beac
(9,992 posts)randys1
(16,286 posts)demmiblue
(36,841 posts)Dontcha know?
What a great day!
B Calm
(28,762 posts)Me neither. .
jberryhill
(62,444 posts)And they remain as unrepresentative of the party as the Log Cabin Republicans are of theirs.
randys1
(16,286 posts)What amount of damages do you think they could claim?
jberryhill
(62,444 posts)I mean, why do you think she's in court in the first place?
This IS the lawsuit against her brought by the couple.
You happen to be commenting on developments in the case of:
APRIL MILLER, KAREN ANN ROBERTS,
SHANTEL BURKE, STEPHEN NAPIER,
JODY FERNANDEZ, KEVIN
HOLLOWAY, L. AARON SKAGGS, and
BARRY W. SPARTMAN,
AND
ALL OTHERS SIMILARLY SITUATED,
Plaintiffs,
v.
KIM DAVIS, both individually and in her
official capacity as Rowan County Clerk, and
ROWAN COUNTY, KENTUCKY,
Defendants.
http://www.aclu-ky.org/wp-content/uploads/2015/07/Rowan-complaint.pdf
I keep seeing comments on DU to the effect of "the couples should sue her". It's kind of mind boggling that people excited over this case don't seem to know what the case is about.
Here is the roadmap I posted back when this case was filed:
http://www.democraticunderground.com/10026926765
The clerk is going to lose on the motion for injunctive relief (ordering the clerk to issue the license) and is then going to have to decide how many days they want to spend locked up on contempt before (a) they issue the license, (b) they resign their post or (c) someone else in that county office is empowered to issue the license and they do so. Both (b) and (c) render holding the clerk on contempt to be moot, since the point of contempt is to gain compliance with the order, and not some "penalty" for non-compliance.
These proceedings so far have been over the preliminary injunctive order issued in the case. The rest of the case will roll on in due course.
Incidentally, this is one of several against her, but is the one which has gotten the furthest thus far (as the court is likely to consolidate them anyway).
randys1
(16,286 posts)specific issue at hand.
Isnt that two separate lawsuits?
Never mind, i will read your link
jberryhill
(62,444 posts)On the damages end, things like pain and suffering etc. are pretty much not in the cards here for a number of reasons (one of which is that the plaintiffs could have mitigated whatever consequences of "not being married" by going to the next county over, which is issuing same sex licenses). The substantive legal point here is that they should not have to go to the next county over. But that merely establishes liability for the 1983 violation by this particular official. Damages and remedies are their own little world after getting over the liability hump.
The court does have a range of punitive and exemplary options, when the thing eventually plays out. The main thing, however, is the attorneys fees which, unlike ordinary civil litigation, is on the table in a 1983 action.
Stonepounder
(4,033 posts)Part of the order today was that at least one of the deputy clerks would have to issue licences to everyone who qualified and they had exactly one half hour to decide if they wanted to issue the licences or follow their boss to jail. Not surprisingly, they all opted to issue licences. Do you tink this fulfills part (c) above and since her deputies are now issuing licences, her refusal is now moot?
Seems to me there is still a danger that she could be released, go back to the office, pick up the reigns, and tell them all to quit issuing licences again.
Remember, between her and her maw, they have been the Clerk of Rowan County for a total of 64 years now and I'll just bet she is the one that everyone in county government is scared of. I will bet you she is the one that actually runs the county government behind the curtain. She just forgot that she didn't have the Fedeeral judge in her pocket as well.
jberryhill
(62,444 posts)Hepburn
(21,054 posts)....YEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEES!!!!
Let her rot there!!!!
Takket
(21,563 posts)so its a negative from that standpoint, but that negative is outweighed by the positive that freedom and equality has won again in the eyes of the law. I think every homosexual couple in Kentucky should have a mass wedding outside her jail cell.
EDIT: I don't care if people see her as a martyr, I just don't want her to ever get RICH because of this. hopefully that doesn't happen!
HughBeaumont
(24,461 posts)Withholding her pay each day she breaks the law would be better.
But still a good development. "You can't have this because of MY religion" should not be allowed precedent in civil matters.
avebury
(10,952 posts)absent without approved leave.
jeff47
(26,549 posts)That pizza joint raised $800k in a week by saying "we won't cater gay weddings".
She'd get a fortune in cash to cover any fines as well as her lost income.
lpbk2713
(42,755 posts)I don't want to see her profit from this but if she gets enough in donations (and I'm sure they are coming in now) maybe she will retire and then she won't be a problem any more.
jeff47
(26,549 posts)avebury
(10,952 posts)awards to include future earnings.
hifiguy
(33,688 posts)Last edited Thu Sep 3, 2015, 02:53 PM - Edit history (2)
or will be in the amended complaing, requesting a nice, fat award of punitive damages. And all the liability will be on HER, not on the state or county.
The Velveteen Ocelot
(115,681 posts)the course and scope of her employment. I can't imagine she would or could be indemnified by the county.
hifiguy
(33,688 posts)because she defied the direct order of a federal judge. She's on an island.
That's misconduct in anybody's book.
And judges tend very much to frown on defiance of the authority of the judicial office.
HughBeaumont
(24,461 posts)You jail her - she's a martyr for "religious freedum".
You fine her or withhold her pay . . .. even though gofundme and the like doesn't allow fundraising for discriminators, the cash is still going to get to her somehow.
There were a few on that thread that said the Christian right is backing away from her. Seem to forget Christianity is 2.4 billion members strong. There could easily be 10-100 thousand fundies found in that amount who would give her the cash to keep this lost cause on life support.
Not to mention she's getting more press coverage than Bernie Sanders is.
jeff47
(26,549 posts)The judge would have to figure out a way to fine her, as well as take any "donated" money. Which would be really hard to do - the fundies would just "donate" to husband #4.
EEO
(1,620 posts)Not sure if the judge has that kind of discretion...
underpants
(182,788 posts)But she could keep making the news aka Zimmerman
LostOne4Ever
(9,288 posts)[font style="font-family:'Georgia','Baskerville Old Face','Helvetica',fantasy;" size=4 color=teal]I think just about everyone save the nuttiest of the nutters on the right can see that SHE was the party in the wrong and that SHE was the oppressor hurting people who did nothing to her.
She might not be the martyr they are hoping for; but rather, the martyr they deserve....a shitty one that makes them all look bad.[/font]
shenmue
(38,506 posts)Arugula Latte
(50,566 posts)But if you piss her off she will hiss at you, swat your ass, and see to it that you are thrown in jail.
shenmue
(38,506 posts)H2O Man
(73,536 posts)It's a good thing.
RKP5637
(67,105 posts)Rex
(65,616 posts)I bet he doesn't even show up to be bunk buddies!
busterbrown
(8,515 posts)How to post a go fund me site...While visiting the Big House..
Rex
(65,616 posts)I bet she cannot wait to see all the payola coming in from Foxnews etc.. after she gets out and does the RWing talk show rounds.
Blue Owl
(50,355 posts)n/t
MoonRiver
(36,926 posts)Enjoy your, hopefully, very long stay in the pen A-HOLE!
DinahMoeHum
(21,784 posts). . .but she's claiming somebody else lit the match?
packman
(16,296 posts)She got what she wanted in the church of her mind - she's a martyr for Christ.
Onward, Christian soldiers, marching as to war,
With the cross of Jesus going on before.
Christ, the royal Master, leads against the foe;
Forward into battle see His banners go!
The Velveteen Ocelot
(115,681 posts)and she can sit in her jail cell and worship all day in the church of her mind. But now, with her out of the way, the deputy clerks can issue marriage licenses in accordance with the law - and that's the real point.
packman
(16,296 posts)but it would still have been satisfying to me, at least, if she just had the slightest glimmer of her spiritual arrogance and the harm it was causing.
Marr
(20,317 posts)iandhr
(6,852 posts)I worry about turning this wacko into a martyr.
Fritz Walter
(4,291 posts)How sharper than a serpent's tooth it is to have her own son put his civil service job ahead of her principles.
Big Kim {Davis} will now fade into obscurity, apart from the occasional appearance on Fux Noose promoting her soon-to-be-ghost-written book.
Let's just hope that TLC doesn't get any bright ideas about another reality show based on eastern Kentucky trailer trash.
mnhtnbb
(31,384 posts)Fritz Walter
(4,291 posts)So that raises the question: if he's unwilling to do his job, what happens to him?
mnhtnbb
(31,384 posts)Yup.
Bluegrass Politics ?@BGPolitics 55m55 minutes ago
Five deputy clerks willing to follow the law seems adequate, Judge Bunning said. He won't hold Kim Davis' son, Nathan, in contempt. ^JC
Herman4747
(1,825 posts)...better is "Hi, Ho, Hi, Ho
tomm2thumbs
(13,297 posts)♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬♩ ♪ ♫ ♬
ejbr
(5,856 posts)BeanMusical
(4,389 posts)niyad
(113,275 posts)teat. we paid her while she was not doing her job, and now we have to pay to keep her in jail for not doing her job. she screws us either way.