ACLU lawyers acting on behalf of the couples denied licenses by Rowan County clerk Kim Davis have asked the US District Judge overseeing this case David Bunning to levy fines on her for her actions. They do not want to punish her with jail time.
The ACLU said they do not compel her compliance through incarceration, but instead they urge the court to impose financial penalties “sufficiently serious” to compel her immediate compliance without further delay.
The lawyers also ask the judge to “state unambiguoulsy” that his original injunction applies to marriage licenses for all couples, not just the plaintiffs in the case.
Davis’s supporters are already comparing her to Paul and Silas in the Bible who were sent to prison but rescued by god. God is much weaker these days and will not be able to spring Davis from jail, so they are lucky that the lawyers are not asking for jail time.
The judge has scheduled a hearing for Thursday at 11:00am and ordered Davis and all the deputy clerks to attend, according to Rowan County Attorney Cecil Watkins.
One thing I have not been able to find out is what is going on in the two other Kentucky counties (Whitley and Casey) whose clerks Kay Schwartz and Casey Davis have also refused to issue licenses. I know that Casey Davis, who has vowed to die to oppose same sex marriage, is riding his bike across the state to raise support for their cause, rather than going to work and doing his job but that is about it.
Have they been sued? Any reader living in those areas able to let us know?
And I thought it interesting that none of the Republican presidential candidates have said anything about this as far as I know.
… none of the Republican presidential candidates have said anything…
They’re probably waiting for the martyrdom to be complete before starting their inevitable attacks on the evil, liberal ACLU.
The judge should make sure that all of the fines are to be paid by the defendant, and not with Rowan County funds.
All she’ll need to do is put up a plea on some Xtian crowdfunding site, and she’ll be flooded with more than enough funds to pay any fine. She’d probably welcome jailtime too, since that would translate directly to a faster track to heaven. I don’t think there’s any possible way to deter someone like this. If they threw her in an arena with lions, it would be her ultimate fantasy.
I’m kinda surprised that the pastor of Davis’ church isn’t advising her to resign (or even do her job -- surely God would understand?). But then, I don’t know anything about the particular cult of which she is a member.
“They’re probably waiting for the martyrdom to be complete before starting their inevitable attacks on the evil, liberal ACLU.”
First they shut down ACORN. Then they went after Planned Parenthood. Soon they target the ACLU. Then they went after …
History doesn’t repeat itself, but it rhymes. Fascists everywhere, of every stripe and every time, use the same techniques.
It’s true that God doesn’t have as much power as in days of yore, but he might still be able to slip her a file in a cake or a pan of brownies.
This is a rule of law issue, so our Republicans friends better remember that they have to swear to uphold the Constitution when (shudder) they take the oath of office. Not that their religious right friends are too concerned about that.
Kim Davis’ attorneys are advising her to violate a court order.
I’m not an attorney but aren’t there rules binding officers of the court to comply with court rulings and to advise their clients to do so?
Maybe the solution here is to fine Ms. Davis and put her attorneys in jail for contempt?
The Xtian crowdfunding ploy can be defeated. Just double the fine each week until compliance is achieved. The power of exponential increase is awesome.
I doubt it, Matt G. A miracle of that magnitude might subvert somebody’s free will. He could appear on Davis’s toast or tortilla, though, so at least she won’t have to suffer in solitude.
Question for any tax professionals who may be reading: if someone else pays a fine levied on you is that taxable income? Or can it be considered a gift?
More thoughts --
Federal judge David Bunning should promise jail time for contempt of court while she prevents the issuance of marriage licenses plus fines of $1000 for every day she is in contempt. She is likely to remain obstinate. Then federal marshals take her to jail. She should stay in jail until she promises to follow the law.
Hopefully, such confinement would force the temporary appointment of one who would follow federal law. Jail time and daily fines accrue until she is replaced preeminently.
Kim Davis’ name should remain on the forms at least until all preprinted forms are used. She deserves the insult.
Although if her god is not imaginary he/she/it can cause an earthquake or send angelic beings. I am not holding my breath. I am holding popcorn.
Jail time and daily fines accrue until she is replaced permanently.
Edit: spell check fail on last word.
Did Davis oath of office include swearing to uphold the US and Kentucky constitutions? Was she holding a Bible when she swore that oath?
If so, then how does her god view breaking an oath sworn in its name?