Gay Marriage Upheld by USSC in Close Ruling

[Caliga]

If it makes YOU feel better Mart, almost all county clerks in Kentucky are issuing marriage licenses to gays, including the Jefferson County clerk (Louisville), Shelby County (where I live), and Spencer County (where I used to live, and where I happen to know the county clerk very well).

[Caliga]

Oh she is elected. I was wondering why she wasn't fired.

Gotta be impeached, but the county prosecutor is contemplating filing charges of contempt and official misconduct, IIRC.

She'll need to be put in prison, because if they just fine her some Christian wackadoo group or another will just pay the fine for her and she'll continue resisting.

[Syt]

Does someone in her position swear to obey and enact the laws of the United States? If yes, what are the normal consequences if she refuses to do so?

[Caliga]

Does someone in her position swear to obey and enact the laws of the United States? If yes, what are the normal consequences if she refuses to do so?

Yes, she does.  I don't know if there are 'normal' consequences as this is a highly abnormal situation... though sadly I bet there are similar examples from the 1960s where county clerks refused to issue licenses to interracial couples.

[The Brain]

Interracial gay marriage is still illegal, right?

[DontSayBanana]

Does someone in her position swear to obey and enact the laws of the United States? If yes, what are the normal consequences if she refuses to do so?

The oath she took does not include model text about the laws of the United States, but it does require her to "not
knowingly or willingly commit any malfeasance of office, and will faithfully execute the
duties of [her] office without favor, affection or partiality..."

http://www.lrc.ky.gov/Statutes/statute.aspx?id=21176

The prosecutors are considering official misconduct charges have charged her with official misconduct, which would carry jail time regardless of whether she gets the felony or misdemeanor flavor: http://www.towleroad.com/2015/08/kim-davis-misconduct/

The applicable text of the charge:

522.020 Official misconduct in the first degree.
(1) 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.
(2) Official misconduct in the first degree is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 187, effective January 1, 1975.

522.030 is the same as 522.020, but a class B, rather than class A, misdemeanor with a lesser sentence- the jury would decide which one to apply.

[Eddie Teach]

Interracial gay marriage is still illegal, right?

No. You can marry garbon if you want.

[The Brain]

Interracial gay marriage is still illegal, right?

No. You can marry garbon if you want.

Must. Consummate. Marriage.

[garbon]

Interracial gay marriage is still illegal, right?

No. You can marry garbon if you want.

Must. Consummate. Marriage.

Hold your horses there, pal.

[The Brain]

Interracial gay marriage is still illegal, right?

No. You can marry garbon if you want.

Must. Consummate. Marriage.

Hold your horses there, pal.

I am.

[Razgovory]

Does someone in her position swear to obey and enact the laws of the United States? If yes, what are the normal consequences if she refuses to do so?

The oath she took does not include model text about the laws of the United States, but it does require her to "not
knowingly or willingly commit any malfeasance of office, and will faithfully execute the
duties of [her] office without favor, affection or partiality..."

http://www.lrc.ky.gov/Statutes/statute.aspx?id=21176

The prosecutors are considering official misconduct charges have charged her with official misconduct, which would carry jail time regardless of whether she gets the felony or misdemeanor flavor: http://www.towleroad.com/2015/08/kim-davis-misconduct/

The applicable text of the charge:

522.020 Official misconduct in the first degree.
(1) 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.
(2) Official misconduct in the first degree is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 187, effective January 1, 1975.

522.030 is the same as 522.020, but a class B, rather than class A, misdemeanor with a lesser sentence- the jury would decide which one to apply.

There is no defense for this sort of behavior.  If she is unable or unwilling to carry out her duties she should relinquish her office immediately.

[garbon]

Yes, she should resign if she is unwilling to perform her job.

[The Minsky Moment]

Guys - her whole schtick is not to resign so that she can make a spectacle of herself not doing her job.
She's gone Blues Brothers.

[garbon]

Guys - her whole schtick is not to resign so that she can make a spectacle of herself not doing her job.

Oh my god. You're right!

[Caliga]

Guys - her whole schtick is not to resign so that she can make a spectacle of herself not doing her job.
She's gone Blues Brothers.

  At this point it's a publicity stunt.  She's probably hoping for a job on Fox News.