A federal judge who earlier ordered Rowan County, Kentucky, Clerk Kim Davis to violate her faith and issue marriage licenses to same-sex duos, then jailed her when she refused, says there’s no need for more arguments over which couples now can obtain those licenses.
So David Bunning rejected a request from the plaintiffs in the legal war against Davis to give the case class-action status.
Bunning initially ordered the deputies in Davis’ office to issue those licenses to the plaintiffs in the case, then expanded the order to include anyone.
“Although the court initially enjoined Defendant Davis from applying her ‘no marriage licenses’ policy to plaintiffs, who at the time were the only ones to request marriage licenses in Rowan County post-Obergefell, it later clarified that its order prohibited Defendant Davis from applying her policy to marriage license requests submitted by any couples…” the judge wrote in an order on Monday.
Officials with Liberty Counsel, who have been representing Davis, said the request had come from the ACLU because it wanted to avoid the conclusion that its demand is moot.
The next step will be briefings being filed with the 6th U.S. Circuit Court of Appeals, where Davis’ case in pending.
WND reported earlier this month when Liberty Counsel asserted the case was not about “gay weddings,” but about forcing a homosexual agenda on a Christian.
That came when the same-sex duos who originally brought the case were trying to get Bunning to penalize her again, claiming she’s not following his orders and the licenses may not be legitimate.
“The plaintiffs are showing their true colors in this latest filing,” the statement from Mat Staver of Liberty Counsel contended. “It has never really been about a marriage license – Rowan County has issued the licenses – it is about forcing their will on a Christian woman through contempt of court charges, jail and monetary sanctions. Kim wouldn’t give up the job she loves, so the plaintiffs are asking the court to put the county office into receivership – removing Kim from doing her job.”
The statement continued: “The fact is the plaintiffs already possess marriage licenses from Rowan County that have been approved as being valid by the Kentucky governor and Kentucky attorney general. Kim has taken all reasonable steps and good faith efforts to substantially comply with this court’s orders.”
The licenses are being issued to anyone legally eligible by the county clerk’s office deputies. Davis is redacting her name from the certifications and both the governor and the state attorney general have affirmed their validity.
But the plaintiffs insist that’s not good enough. They assert Davis should be fined and the federal courts should take over her office.
“There is no cause for this court to punish Davis with civil fines or take the extraordinary measure of annexing the Rowan County clerk’s office through the intrusive remedy of a receivership. This sanction is reserved exclusively for situations of last resort – not a hammer to be used while Davis’ motion to dismiss plaintiffs’ complaint has been stayed, her consolidated appeals are pending in the Sixth Circuit, and licenses that are recognized as valid by the Kentucky governor and Kentucky attorney general are being issued in Rowan County,” Staver said.
“Since her return to the office on Sept. 14, 2015, Davis has not interfered with, hindered, blocked or obstructed the issuance of any marriage licenses by her deputy clerks to couples who are legally eligible to marry in Kentucky. Instead, marriage licenses approved, authorized and recognized as valid in the Commonwealth of Kentucky are being issued without delay to eligible couples,” the legal filing explains.
“And ‘alterations’ made by Davis constitute reasonable steps taken to ensure compliance with the court’s orders, because these steps ensure that marriage licenses will be issued in Rowan County, while also accommodating her sincerely held religious beliefs and convictions.”
Lawyers previously had speculated the case was more about attacking a Christian than obtaining a license. To get to Davis’ jurisdiction, the plaintiffs had to travel through other jurisdictions where they could have obtained a license.
The plaintiffs in the case, although they already have licenses, had demanded of the court fines for Davis and a “receivership” of her office.
“Imposing civil monetary sanctions against Davis and a receivership upon the Rowan County Clerk’s Office is extreme, unnecessary and improper under the circumstances of this case,” Davis’ lawyers said.
“After setting aside plaintiffs’ bluster and rhetoric in the motion to enforce, the following facts are undisputed: (1) licenses are being issued to all eligible couples in the Rowan County clerk’s office; (2) there are no differences between licenses issued to same-sex and different-sex couples in Rowan County – all licenses are the same; (3) Davis is not interfering … ; (4) couples who are legally eligible to receive marriage licenses are receiving the licenses and are deeming them vaild and acceptable,” the filing said.
It was just the latest attack against David by the ACLU, which is representing the same-sex duos. They also had wanted the class action status.
Davis has several challenges to the district court’s handling of the case pending before the Sixth U.S. Circuit Court of Appeals.
from PropagandaGuard https://propagandaguard.wordpress.com/2015/10/27/progressives-denied-class-action-in-kim-davis-fight/
from WordPress https://toddmsiebert.wordpress.com/2015/10/26/progressives-denied-class-action-in-kim-davis-fight/
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