How does this KY clerk still have a job?? (document, women, news)

[North Beach Person]

Originally Posted by DC at the Ridge

You should check out the "must-dos" of the people who want to get married. They MUST get a license from the County Clerk's office in order to get married.

It depends on what the definition of "is" is.

I have the nagging thought that her defense will be that issuing a marriage license is not a "must do", especially if a license can be accessed from another County and she is not issuing any.

[Megadell]

Originally Posted by Spartacus713

She is upholding a higher law, and that has not changed.

So the law of the united states is...what's the christian version of Sharia law called?

[katzpaw]

Originally Posted by Spartacus713 View Post
She is upholding a higher law, and that has not changed.

It's the ISIS defense.

[jjrose]

Originally Posted by VTHokieFan

Is it her sworn duty? I looked up the duties of County Clerks in the Kentucky Legislature's "Duties of Elected County Officials" and it says nothing about requiring county clerks to issue marriage licenses.

Additionally, I researched the Kentucky state law around marriage licenses and it reads as follows:



Sounds like she is obeying the law to me.

She is THE county clerk for that county. The only county clerk for the county. If you have to get a license from THE county clerk, and she is not issuing marriage licenses, which is part of her job description, then you can not get legally married in that county. She is refusing to authorize any of her deputy clerks to issue marriage licenses. There is no clerk in the county that can issue marriage licenses except her, or someone that she authorizes.

So, basically she is banning anyone from getting married in the entire county.

[North Beach Person]

Originally Posted by jjrose

She is THE county clerk for that county. The only county clerk for the county. If you have to get a license from THE county clerk, and she is not issuing marriage licenses, which is part of her job description, then you can not get legally married in that county. She is refusing to authorize any of her deputy clerks to issue marriage licenses. There is no clerk in the county that can issue marriage licenses except her, or someone that she authorizes.

So, basically she is banning anyone from getting married in the entire county.

Bold is incorrect. A Kentucky marriage license issued in any County in KY can be used in any County KY.
Requirements for a Kentucky Marriage License, KY

[DC at the Ridge]

Originally Posted by VTHokieFan

Is it her sworn duty? I looked up the duties of County Clerks in the Kentucky Legislature's "Duties of Elected County Officials" and it says nothing about requiring county clerks to issue marriage licenses.

Additionally, I researched the Kentucky state law around marriage licenses and it reads as follows:



Sounds like she is obeying the law to me.

http://www.lrc.ky.gov/lrcpubs/ib114.pdf

State Licensing
Under KRS Chapters 186 and 186A, the clerk must register all motor vehicles owned by persons
residing in the county, issue automobile licenses to residents of the county, and make reports to
Chapter 5 Legislative Research Commission
Duties Of Elected County Officials
54
the Transportation Cabinet; however, it is the circuit clerk who is responsible for issuing drivers’
licenses (KRS 186.400 and 186.410).
KRS Chapter 186A requires the Transportation Cabinet to equip each county with a video
telecommunications terminal and associated devices that will enable county clerks to produce
certificates of registration in their office and certificates of title in Frankfort. All vehicles,
including motorcycles, are on an annual registration schedule, based on the birth month of the
owner (KRS 186A.035).
All watercraft used as a residence or a business on any navigable waterway in Kentucky must
obtain a license from the county clerk of the county of the residence or business (KRS 182.140).
The county clerk also issues annual motorboat registrations and licenses (KRS 235.050 and
235.060). Motorboat registration fees are prorated, at a rate of one-twelfth of the appropriate
annual registration fee set out in KRS 235.090 per month of the remaining registration period, if
an application for title and registration is filed with the county clerk before the annual
registration date established by the Transpiration Cabinet.
If a county or consolidated local government imposes the alcoholic beverage license fee
permitted by KRS 243.060, such fees are paid to the county clerk (KRS 243.600).
No proprietor, lessee, or manager of a public grain warehouse may transact any warehouse
business before obtaining a grain warehouseman’s license for the current year from the county
clerk (KRS 359.050).
The county clerk acts as an agent of the Department of Fish and Wildlife Resources for selling
hunting and fishing licenses. A clerk may be exempted from this duty, however, by applying in
writing to this department (KRS 150.195).
The county clerk issues marriage licenses (KRS 402.080) and files and records all marriage
certificates (KRS 402.220 and 402.230). Military discharges may also be recorded in the county
clerk’s office (KRS 422.090). On or before the 10th day of each month, the county clerk reports
to the state registrar of vital statistics all marriage licenses issued and all marriage certificates
returned (KRS 213.116). Each county clerk must furnish each applicant for a marriage license
with a copy of a marriage manual to be prepared and printed by the Human Resources
Coordinating Commission of Kentucky (KRS 402.270).

[DC at the Ridge]

Originally Posted by North Beach Person

It depends on what the definition of "is" is.

I have the nagging thought that her defense will be that issuing a marriage license is not a "must do", especially if a license can be accessed from another County and she is not issuing any.

Her defense won't hold water, then, because she is defying a direct court order from a sitting federal judge. These defenses have already been proffered by her and her attorney. The Supreme Court refused to intercede on her behalf. At this point, she complies with the federal court order, or she is in contempt of court.

[BigDGeek]

Originally Posted by jjrose

She can, but refuses to authorize anyone in the office to issue licenses.

Then she sucks even more.

[jjrose]

Originally Posted by North Beach Person

Bold is incorrect. A Kentucky marriage license issued in any County in KY can be used in any County KY.
Requirements for a Kentucky Marriage License, KY

And that does not change the fact that no one in that county can go to their county clerk and get a marriage license. She in effect banned all people from getting a license and processing that license in Rowan county.

Also, I didn't see anything about where to return the license once officiated. When I got married it had to be returned back to the county in which the license was issued to be processed.

[VTHokieFan]

Originally Posted by DC at the Ridge

http://www.lrc.ky.gov/lrcpubs/ib114.pdf

State Licensing
Under KRS Chapters 186 and 186A, the clerk must register all motor vehicles owned by persons
residing in the county, issue automobile licenses to residents of the county, and make reports to
Chapter 5 Legislative Research Commission
Duties Of Elected County Officials
54
the Transportation Cabinet; however, it is the circuit clerk who is responsible for issuing drivers’
licenses (KRS 186.400 and 186.410).
KRS Chapter 186A requires the Transportation Cabinet to equip each county with a video
telecommunications terminal and associated devices that will enable county clerks to produce
certificates of registration in their office and certificates of title in Frankfort. All vehicles,
including motorcycles, are on an annual registration schedule, based on the birth month of the
owner (KRS 186A.035).
All watercraft used as a residence or a business on any navigable waterway in Kentucky must
obtain a license from the county clerk of the county of the residence or business (KRS 182.140).
The county clerk also issues annual motorboat registrations and licenses (KRS 235.050 and
235.060). Motorboat registration fees are prorated, at a rate of one-twelfth of the appropriate
annual registration fee set out in KRS 235.090 per month of the remaining registration period, if
an application for title and registration is filed with the county clerk before the annual
registration date established by the Transpiration Cabinet.
If a county or consolidated local government imposes the alcoholic beverage license fee
permitted by KRS 243.060, such fees are paid to the county clerk (KRS 243.600).
No proprietor, lessee, or manager of a public grain warehouse may transact any warehouse
business before obtaining a grain warehouseman’s license for the current year from the county
clerk (KRS 359.050).
The county clerk acts as an agent of the Department of Fish and Wildlife Resources for selling
hunting and fishing licenses. A clerk may be exempted from this duty, however, by applying in
writing to this department (KRS 150.195).
The county clerk issues marriage licenses (KRS 402.080) and files and records all marriage
certificates (KRS 402.220 and 402.230). Military discharges may also be recorded in the county
clerk’s office (KRS 422.090). On or before the 10th day of each month, the county clerk reports
to the state registrar of vital statistics all marriage licenses issued and all marriage certificates
returned (KRS 213.116). Each county clerk must furnish each applicant for a marriage license
with a copy of a marriage manual to be prepared and printed by the Human Resources
Coordinating Commission of Kentucky (KRS 402.270).

Read KRS 402.080.