Deputy clerk says Kim Davis “may have interfered”

Timothy Kincaid

September 18th, 2015

Kim Davis

Judge Bunning has ordered the attorneys for the deputy clerks in Rowan County, Kentucky, to report to him every two weeks as to whether they are in compliance with his order to issue marriage licenses. Richard A. Hughes, the counsel for Deputy Clerk Brian Mason, has reported that Mason is issuing licenses; however, they were altered by County Clerk Kim Davis so as to make them invalid.

Kim Davis came to the office and confiscated all the original forms, and provided a changed form which deletes all mentions of the County, fills in one of the blanks that would otherwise be the County with the Court’s styling, deletes her name, deletes all of the deputy clerk references, and in place of deputy clerk types in the name of Brian Mason, and has him initial rather than sign. There is now a notarization beside his initials in place of where otherwise signatures would be.

I discussed with Mr. Mason in my opinion he had done nothing wrong and is continuing to follow his sworn testimony to the court, however it also appears to this counsel those changes were made in some attempt to circumvent the court’s orders and may have raised to the level of interference against the court’s orders. Mr. Mason is concerned because he is in a difficult position that he continues to issue the licenses per the court’s order, but is issuing licenses which had some remote questionable validity, but now with these changes may in fact have some substantial questions about validity.

Again Mr. Mason’s concern is he does not want to be the party that is issuing invalid marriage licenses and he is trying to follow the court’s mandate as well as his superior ordering him to issue only these changed forms and only with initials and only as notarized, which in the last example I have seen are not even notarized.

Judge Bunning let Kim Davis out of jail with strict instruction not to interfere with the Deputy Clerks in their duty of issuing marriage licenses. She clearly sees her faith as invalidating any obligation to live according to her promises.

Were I the judge, I would inquire with the Kentucky Supreme Court as to whether the licenses are valid. If not, and should Davis refuse to allow the proper issuance of valid licenses, I’d say “back to jail”.

enough already

September 18th, 2015

Just, like, wow.
First, instead of sitting on their behinds pretending ‘they’re all the same’, liberal gays need to get involved in my party and prevent people like Kim Davis from getting nominated for office.
Second, Now that the nonsense about us being only 1.8% or 2% or 4% or the population has been laid to rest (finally), it’s time to acknowledge that we are a big enough voting block to make a difference, even if only within the Democratic party, even in the most hate-driven places.
Third, I’m sick and tired of Christians telling me their God lets them persecute me.
The judge needn’t wait out the fortnight, he can slam this woman into jail again and order the forms made right.
As for those already issued, yes, we need to have that cleared at the highest level, that the hateful Christians can’t attack the marriages of these brave men and women.
At least, not through that doorway Kim Davis opened.

Paul Douglas

September 18th, 2015

It certainly appears she is pushing the envelope to see if she can renew the confrontation. They used to whine about “militant homosexuals”. This is militant christianism in all its dominionist/ exceptionalist glory. Remarkably similar to fascism, IMHO.


September 18th, 2015

I wonder if Kim is building up to her own version of a Saturday Night Massacre.

Craig Burley

September 18th, 2015

As an officer of the court, I’d be tempted to go further. I don’t think a clarificatory opinion is necessary for me; this is a colourable attempt to evade the ruling. I would order one, though; those persons deserve clarity, and I’d be ordering her to pay for it.

I’d also be ordering a hearing to show cause why she shouldn’t go back to jail.

I’d also be ordering a separate hearing to show cause regarding her counsel of record. Judges need to have infinite patience (and I’d be steeling for a long battle here) but if her counsel is involved in advising her to disobey and undermine court orders, then he’s also in contempt of court and possibly in criminal contempt. This is conduct not in keeping with an officer of the court; by all rights it should open questions about criminal dontempt but also disbarment. It should never, ever be prejudged–but a hearing is probably appropriate. I somehow doubt they are technically in contempt; if they were advising her on this silly-buggers game, she’d be doing something cleverer than that. (I suspect the licences are still 100% valid)

As you can see, I have no conceptual problem dealing with martyrs. If they want martyrdom, they can have it. People involved in the court system need competent advice to protect their interests; to the extent that officers of the court are involved in not only suborning contempt but criminal contempt, they do genuinely need to be stopped. The court has to be seen to be practising merciful justice but, crucially, *justice*.

Craig Burley

September 18th, 2015

As well, a point is coming out of this that bothers me. She had based her entire case around the idea that she could not be involved, for religious reasons, in the issuance of these. She now isn’t involved, and she’s still not just refusing to act but is actively interfering with the functions of her office; at a certain point, her behaviour also ranges outside the mere sphere of contempt, or refusal to perform the functions of her office, but into theft of honest services, interference with government property, and other zones of criminal activity, no different than if she was hauling records out and burning them.

We all understand that there are times when such activity–memorable within our culture for events like wartime interference with Selective Service records–needs to be dealt with carefully, I think this is a similar time; I do not want to deny the depth of feeling of those on the wrong side of this. But it’s got to be dealt with. There is no harm suffered by these people that they do not impose themselves.

Ben in oakland

September 18th, 2015

Paul, normally we are in agreement. And we’re yet again right up to the word “fascism.” I don’t think it is a good idea to call someone fascist unless they actually are, just like I don’t think it is a good idea to call someone Hitler unless they actually are Hitler.

This is merely theocracy, in ts formative stages of Dominionism and exceptionalism. It’s still primarily a religious movement, but one that wants to take on political overtones. When it takes on political overtones, and uses the power of the state to coerce its religious message on the population, at that point it’s fascism.

Unfortunately, at That point, it’s also too late.

Ben in oakland

September 18th, 2015

I thought I posted this before. It’s relevant to the conversation. I thought I had already done so.

Kentucky revised statues regarding misconduct of a public official:

A public servant is guilty of official misconduct in the first degree when, with intent to obtain or confer a benefit or to injure another person or to deprive another person of a benefit, he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or
(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office; or
(c) Violates any statute or lawfully adopted rule or regulation relating to his office.

522.030 Official misconduct in the second degree.
(1) A public servant is guilty of official misconduct in the second degree when he knowingly:
(a) Commits an act relating to his office which constitutes an unauthorized exercise of his official functions; or
(b) Refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office;

What Davis wants is one of two outcomes: she either

1) gets thrown in jail, thus giving her official credentials for martyrdom, however fake. This is exceptionalism.

2) gets her wish that her Religious beliefs hold sway I her office and her county. This is dominionism.

The first assumes that everyone is with her , not just that everyone in her echo chamber is with her. I could not believe that a court would ever grant her #2, except perhaps the Supreme Court of Alabama.

I think I’m seeing this correctly.I think the third possibility is outside of her ability to see that it exists To wit: she finds out the rest of the country isn’t with her, like she and her echo chamber would like to believe. this relatively rapidly became the case for black people after Brown v. BOE and the Civil Rights Act. It took 20 to 30 years. Same for Jews Amd I’m pretty sure same for gay people– but even faster because of the Internet. .

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