Posts Tagged ‘gay rights’

Why Rowan County Clerk Davis must be arrested again

September 19, 2015

By making a statute requiring all citizens to marry to have a marriage certificate issued by a county clerk, this in itself has given the citizens “due process” rights under the U.S. Constitution’s 5th Amendment as applied to the states by the 14th Amendment.

Therefore, by refusing to issue marriage licenses to straight & gay persons, Davis has violated her oath of office to uphold Kentucky law or violated due process. That is a crime called official misconduct in Kentucky for which she should be arrested.

In addition, as the couples complained to the federal court that their due process was violated & the judge ordered Davis to stop violating due process & she refused, he rightly held her in contempt. She was released because her assistant clerks legally issued the licenses in her absence, as the Kentucky law allows.

Now that she has altered the documents that Kentucky law says she must use, as they by law are issued by another state agency, she has actively interfered with the federal judge’s order not to interfere.

402.100 Marriage license — Marriage certificate. “Each county clerk shall use the form prescribed by the Department for Libraries and Archives when issuing a marriage license”

Kentucky Rowan County Clerk’s Deputies issued licenses valid according to Kentucky law

September 14, 2015

Arguments about whether or not marriage licenses issued by Rowan County Clerk Kim Davis’s assistant clerks are valid are nonsense as Kentucky statute specifically states that;

“Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy”

There is no requirement that the deputy has to have the permission of the clerk to perform their duties.

Kentucky Statute – 61.035 Deputy may act for ministerial officer. Any duty enjoined by law or by the Rules of Civil Procedure upon a ministerial officer, and any act permitted to be done by him, may be performed by his lawful deputy.

However, there is a state law that makes it a crime for an official to refuse to perform their statutory duty.

Kentucky Statutes 522.020 and 522.030 deal with official misconduct in the first and second degree, respectively. “A public servant is guilty of official misconduct in the first degree when, with intent to . . . deprive another person of a benefit, knowingly . . . refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office or violates any statute or lawfully adopted rule or regulation relating to his office,” .

Official misconduct in the first degree is a Class A misdemeanor and is punishable with imprisonment not to exceed 12 months and fines of $500. Official misconduct in the second degree is a Class B misdemeanor and carries a potential punishment of up to 90 days imprisonment and fines of $250.

Kentucky Statute makes it the county clerk’s duty to issue marriage licenses.

Kentucky Statute 402.080 Marriage license required . No marriage shall be solemnized without a license therefore. The license shall be issued by the clerk of the county [emphasis added]

Therefore, the County Sheriff and Attorney would be within their authority and duty to arrest and charge Kim Davis for failure to perform her sworn duty to uphold the law and issue marriage licenses, either for straight or gay couples. She after all, has committed this crime.


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