Kentucky clerk who refused gay couples taken into federal custody; ordered jailed

fzappa13

Well-known member
The federal judge does not have jurisdiction.


The rest of your arguments aside, I think this one has some merit. Town's a federalist and his offerings will likely continue to reflect that. A County Clerk is a state officer and the State District Judge would appear to be the court of proper jurisdiction in this instance. In my opinion the Federal Supreme Court placed a burden to act upon a state officer without proper constitutional authority (See federal constitutional amendment 10.)

Davis herself is the one who made this a federal cause by claiming a federal first amendment right in this case though I suspect she had some outside encouragement. Her mistake. She's arguing the wrong point of law in the wrong court and, sad to say, there is no shortage of folks willing to encourage her in that endeavor for their own purposes.
 
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ok doser

lifeguard at the cement pond
did it look like this?

Spoiler
look_into_my_eyes_pic_1491491273.jpg
 

exminister

Well-known member
No one here is arguing that divorce is okay according to the scriptures as far as I can see? As for wedding rings and Christmas trees, I don't see any prohibition against them in the Bible. Nor do I see one against women wearing trousers.

As for cutting hair and wearing mixed fibres, neither of those rules apply today and one doesn't need to study much theology to understand that. There is a division between the moral and ceremonial law; something which theologians as far back as Thomas Aquinas recognised.

However, even if everything you said were true it would not change the fact that sexual activity between two members of the same sex is a sin. In fact, all sex outside of marriage - and by marriage I mean the biblical definition of marriage, is a sin.

Some see Jeremiah 10 as prohibition of Christmas trees. Additionally, the holiday has pagan roots.

For no jewelry people use 1 Peter 3:1-6. Also other texts

People use Deuteronomy 22:5 to say women should not wear pants since it has been considered men's clothing.

For cutting of hair in the New Testament see 1 Corinthians 11

13 Judge for yourselves: Is it proper for a woman to pray to God with her head uncovered? 14 Does not the very nature of things teach you that if a man has long hair, it is a disgrace to him, 15 but that if a woman has long hair, it is her glory? For long hair is given to her as a covering. 16 If anyone wants to be contentious about this, we have no other practice—nor do the churches of God.

Because of this verse I think all the pictures of Jesus are wrong. He probably had short hair.
 

kmoney

New member
Hall of Fame
This is the second time today, on two different media, that I've had an atheist liberal talk to me about JW and blood transfusions. You guys are supposed to be "free thinkers," huh? :nono:

These are silly objections for very obvious reasons.

Blood transfusions aren't intrinsice malum (intrinsically evil), nor have philosophers (as far as I'm aware) ever claimed such things. Jehovah's witnesses are exceptional in insisting that blood transfusions are morally prohibited. This is why you insist on talking about that particular cult, and not "Christians in general."

Blood transfusions are not a controversial moral topic. People do not generally have a difficulty with it. It has not historically been condemned in the western tradition.
You appear to be saying that religious beliefs can be protected only if it's a widely held belief with a long history. Why does philosophy, western tradition, or what you think about its intrinsic evil matter to the JW who holds that belief? Religious beliefs are religious beliefs. Are only the majority to be protected? Freedoms are supposed to protect the minorities as well. And I doubt religious freedom laws mention philosophers and western traditions.

Likewise with these utterly stupid comparisons to segregationist racism and the so called "religious objections" people had back then. Again, that was, historically speaking, exceptional. It was an anomology of those people in that society in that historical period.

Not so in the case of homosexual "marriage" and sodomy.

Same questions/comments as above.
 

Jose Fly

New member
What does that mean in concreto? And what do you mean by "important aspect of the job"? The liberal will insist that, in concreto, performing an abortion constitutes an "important aspect of the job" for a Catholic doctor or nurse. The liberal will insist that, in concreto, signing over a child to homosexual foster parents is "an important aspect of the job" for workers at a Catholic adoption agency.

OK then, let's not deal in the abstract, let's address the facts of this case as they actually are.

In this case, Kim Davis is a County Clerk, and we know one of the primary duties of that position is to issue marriage licenses to citizens of the county. Thus, she cannot argue that she had no idea that as county clerk, she would be asked to issue marriage licenses.

So, you have one of the following options:

1. Either these things are not "important aspects of the job."
2. They are important aspects of the job, and faithful Catholics, Jews and Muslims cannot hold these positions.

Your examples are too vague. Is the Catholic doctor working at a clinic that performs abortions? And what kind of doctor is he? Is he a dermatologist?

You cannot simultaneously deny 1 and affirm 2. If murdering unborn children is "an important aspect of the job," then a Catholic cannot be a nurse or a doctor. End of story.

What in the world????? :idunno:

So you're actually going to conclude that my position is that Catholics cannot be dermatologists, gasteroenterologists, podiatrists, or even nurses?

The only thing I can figure is that you have no clue about various fields of medicine, or you do and are being purposefully obtuse to try and salvage a losing argument.

If signing over a child to homosexul parents is "an important aspect of the job," then there cannot be Catholic adoption agencies. End of story.

Probably not in states that prohibit discrimination on the basis of sexual orientation. And by the same token, Christian Identity believers cannot run adoption agencies and refuse to sign over children to Jewish households either.

And if signing marriage licenses for homosexuals is "an important part of the job,"

Let's be clear. The "important aspect of the job" is to issue marriage licenses to all citizens of the county, according to the law.

then Orthodox Christians, Muslims and Jews (or anyone, in fact, who has not been so utterly corrupted that the Natural Law still speaks to him in the inward depths of his conscience, whether he believe in an (allegedly) revealed religion or not) cannot hold the position.

If they take the same course as Kim Davis and not only refuse to issue the licenses, but also demand that no one else in the office issue them either, then no, they cannot hold the position.

That is what it comes down to. You cannot expect a Christian, a Jew or a Muslim (or anyone of right reason, for that matter) to have his convictions in the confines of his home and his church, but completely forget these things when he enters into the public sphere.

Yes, in our society you are expected to follow the law. Imagine that.

Just as when a Muslim says "My religion dictates that I behead the person who disgraced my family", we say "No, your religion is not an excuse to break the law", when a Christian says "My religion dictates that I discriminate against gays", we say "No, your religion is not an excuse to break the law".

Not too difficult to figure out.

"I was just following orders" just rings hollow and you know it.

Um.....what? I never used that phrase.

Blood transfusions aren't intrinsice malum (intrinsically evil), nor have philosophers (as far as I'm aware) ever claimed such things. Jehovah's witnesses are exceptional in insisting that blood transfusions are morally prohibited. This is why you insist on talking about that particular cult, and not "Christians in general."

Are you serious? Your rebuttal to the obvious (pointing out that if we allow one faith to be exempt from the law, we have to allow the same for others) is "but those aren't serious beliefs"?

Who in authority do you expect to rule on such a thing? What government official would you like to be in charge of deciding what is and isn't a serious belief?

Likewise with these utterly stupid comparisons to segregationist racism and the so called "religious objections" people had back then. Again, that was, historically speaking, exceptional. It was an anomology of those people in that society in that historical period.

What in the world are you talking about? Institutionalized racism was the norm in our country for the majority of its history.

Supra. Your reply is purely rhetorical and you know it.

No, it's reality. If you have a problem with it, your problem is with reality, not me.

Again, disanalogous. There's no comparison between heterosexual marriage and homosexual "marriage." Historically speaking, this is just true.

Again, that's just reality. If you have a problem with it, your problem is with reality, not me.
 

Jose Fly

New member

It's fascinating to see how often fundamentalist Christians think things are so just because they say they are.

Genuineoriginal apparently believes him merely saying that the federal judge had no jurisdiction is sufficient to make it so, and everyone else is supposed to accept his word as unquestioned gospel.

Fascinating.
 

Jose Fly

New member
A County Clerk is a state officer and the State District Judge would appear to be the court of proper jurisdiction in this instance.

Not when the actions of the county are violating the Constitutional rights of its citizens. When that happens, as in this case, it goes to federal court where such Constitutional issues are resolved.

In my opinion the Federal Supreme Court placed a burden to act upon a state officer without proper constitutional authority (See federal constitutional amendment 10.)

Nope. If that were true, Loving v. Virginia "placed a burden to act on a state officer" when the SCOTUS overturned state bans on interracial marriage.
 

bybee

New member
Not when the actions of the county are violating the Constitutional rights of its citizens. When that happens, as in this case, it goes to federal court where such Constitutional issues are resolved.



Nope. If that were true, Loving v. Virginia "placed a burden to act on a state officer" when the SCOTUS overturned state bans on interracial marriage.

I doubt if the Founding Fathers ever thought that "Same Sex" unions would become a Constitutional issue?
But here we are living in the lunatic fringe and it's legal!
 

Jose Fly

New member
I doubt if the Founding Fathers ever thought that "Same Sex" unions would become a Constitutional issue?

So? I doubt they ever thought there would be a federal agency in charge of aviation either.

But here we are living in the lunatic fringe and it's legal!

Man, but Christianity is taking a public beating over this. It is so entertaining to watch.
 

ok doser

lifeguard at the cement pond
Man, but Christianity is taking a public beating over this. It is so entertaining to watch.




what "public"?

the hell-bound Godless secularist/liberal public?

who cares what they think?


other than other hell-bound Godless secularist/liberals, of course
 

kmoney

New member
Hall of Fame
Only its not up to her to allow others to sign them, its a state law that only she can. (only the lead official clerk can)

The state has to change that. Thats why some attorneys are saying the licenses that are unsigned, aren't legal.

The judge broke the law when he said to issue them anyway, thats a violation of kentucky law.

As someone else already posted:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=36475
(c)
The date and place the license is issued, and the signature of the county clerk or deputy clerk issuing the license.


Based on that, it doesn't have to be her signature.
 

Foxfire

Well-known member
Only its not up to her to allow others to sign them, its a state law that only she can. (only the lead official clerk can)

Patently false! Kentucky law clearly and specifically allows deputy clerks to sign marriage licenses as well as providing that licenses can be issued in the absence of the elected clerk.
 
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