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Given the above, the simple solution for the couple is to just go to another county. Kentucky does not require you be a resident of the county to obtain a marriage license. Rowen county is surrounded by 7 counties whose seats are between 12-30 minutes away. A mere 1 hr, 10 minutes away is the most progressive area of the state, Fayette County, home of Lexington, where a marriage could be obtained without any fanfare.
Actually, the simple solution is for her to do her job. Period.
Actually, the simple solution is for her to do her job. Period.
The defiant clerk could indeed skip the drama and (1) perform her assigned tasks as required by law, or, (2) resign … (and then write a book and/or join the hyper-conservative talk show/lecture circus; run for some other elective office; etc.) ...
She needs to be impeached yesterday. Awful that this is happening. She needs to lose her job.
Before any further discussion with regard to the clerk's removal is raised, someone familiar with local law (and not spewing any LBGT rhetoric demonizing all Kentuckians as bigoted provincials) needs to enlighten us all on the options available in this case.
Quote:
Originally Posted by Teilhard
The clerk's refusal probably can't be charged as a "crime," per se, but is a civil offense, which could however incur jail time, fines, etc. ...
There is no such thing as a "civil offense"; civil law provides for compensatory damages for actions (called torts) so malevolent or negligent as to cause harm to another individual. The clerk's actions were clearly instituted of her own free will, but whether a jury would see it that way is another matter.
Of course, in the eyes of the militant contingent here, the case should be tried in San Francisco or Greenwich Village, and if that can't be done, then the "powers within the Beltway" should be encouraged to force their "progressive" mindset on everybody else.
Last edited by 2nd trick op; 08-29-2015 at 05:40 PM..
It's not like these couples can't find someone to marry them. I imagine some of these clerks were caught off guard so to speak. Everyone hired after the ruling should be expected to perform the marriages, but the older hires could be grandfathered out. I don't think that would be a bad compromise.
There is no compromise. The clerk's beliefs are preventing her from doing her job and her date of hire is irrelevant. As such, she must be sanctioned.
Given the above, the simple solution for the couple is to just go to another county. Kentucky does not require you be a resident of the county to obtain a marriage license. Rowen county is surrounded by 7 counties whose seats are between 12-30 minutes away. A mere 1 hr, 10 minutes away is the most progressive area of the state, Fayette County, home of Lexington, where a marriage could be obtained without any fanfare.
Nonsense. There has already been damages and victims of this refusal to issue. Persons who reside in the county and who work and pay taxes there are entitled to services there -- not an hour away. They need not drive a 'mere' hour plus drive.
Persons who reside in the county and who work and pay taxes there are entitled to services there -- not an hour away. They need not drive a 'mere' hour plus drive.
Bingo!
I hope they throw the book at her, and not the bible that she's been throwing at people.
Before any further discussion with regard to the clerk's removal is raised, someone familiar with local law (and not spewing any LBGT rhetoric demonizing all Kentuckians as bigoted provincials) needs to enlighten us all on the options available in this case.
There is no such thing as a "civil offense"; civil law provides for compensatory damages for actions (called torts) so malevolent or negligent as to cause harm to another individual. The clerk's actions were clearly instituted of her own free will, but whether a jury would see it that way is another matter.
Of course, in the eyes of the militant contingent here, the case should be tried in San Francisco or Greenwich Village, and if that can't be done, then Barry-O and the WonderPets should be encouraged to force their "progressive" mindset on everybody else.
Yes, there is a difference between a "criminal" offense and a "civil" offense …
And this is about living in an ordered society … It is nothing about any "militant contingent" …
It is about the SCOTUS having ruled that States (and counties) may not discriminate against GLBT couples who wish to marry ...
Supposedly her mother had the job previously and Kim was her deputy clerk. Now she has the job and her son is allegedly the deputy clerk. So even if she is removed from the job, as she should be, no doubt her son will run for election to her spot or perhaps just move up if mommy is removed from the job or (unlikely) resigns? Clearly the local populace must be in love with this family line and belief system since they keep electing them.
Most of those evangelical Christian groups don't condone out of wedlock children and aren't too fond of divorce either. I wonder how many marriage licenses she's given to people who have had out of wedlock children or who have been divorced?
Then how many marriage licenses might she have given to someone who worked on the Sabbath? It all goes against her "religion".
A little picky, choosey here.
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