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Kentucky Clerk Is Jailed For Refusal to Issue Marriage Licenses As A Result Of Her Religious Beliefs


Quote:I'm not an attorney and I did not stay at a Holiday Inn Express last night so maybe someone can explain how some clerk in Kentucky can receive all this attention and be jailed (with no bail) and others are free to not enforce the law. Honest question.
There's a difference between not enforcing a law and actively breaking it. The Seventh Amendment hasn't been consistently enforced since its passage, and would never be enforced today. Reason why? It specifies that all civil cases with a value of $20 or higher must be tried in front of a jury. Not enforcing this court ruling would mean that the courts simply chose to ignore the lawsuits against the clerk, and that is actually within the power of a judge to do by simply declining to hear a case. The clerk herself actively broke the law by preventing marriage licenses from being issued.

 

The clerk wasn't jailed because she broke the law herself. She was jailed only after telling a judge that she would prevent her deputy clerks from carrying out the lawful duties of her office. She was given every last inch of rope that she would up hanging herself with, and had she simply agreed not to interfere in her deputy clerks' carrying out of the lawful duties of her office without actually performing those duties herself, she would never have seen the inside of a jail cell (or met Mike Huckaclown, so there's that).

 

Quote:Now Protesters supporting Davis are calling for her Deputies to be fired.  
I hope she does fire her deputy clerks. The resulting lawsuits would all but put Rowan County out of business.

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Kentucky Clerk Is Jailed For Refusal to Issue Marriage Licenses As A Result Of Her Religious Beliefs - by TJBender - 09-09-2015, 01:46 PM



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