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re: Ky. clerk jailed for refusing to issue marriage licenses to gay couples
Posted on 9/3/15 at 1:33 pm to Darth_Vader
Posted on 9/3/15 at 1:33 pm to Darth_Vader
quote:
Throwing her in jail seems a bit over the top.
How so? It's a textbook case of ignoring a court-ordered constitutional mandate, punishable by... Contempt of court! She had three options:
1) Follow the mandate of Obergefell
2) Quit
3) Go to jail
Being the hypocritical attention whore she is, she chose 3. Case closed.
quote:
Just replace her
That's not how this works.
Posted on 9/3/15 at 1:58 pm to lsu2006
quote:
How so? It's a textbook case of ignoring a court-ordered constitutional mandate, punishable by... Contempt of court! She had three options: 1) Follow the mandate of Obergefell
And that's where my question lies: I don't think Obergefell applies. If she is refusing to issue licenses to everyone--which is what her attorneys likely advised her to do for this very reason--she's not discriminating based on sexual orientation. She's not doing her job, but she's not really in violation of the 14th. I guess I'll just have to read the District Court's opinion to see how it crafted the contempt order.
I'm under the impression that Kentucky (following appeal of the contempt order) will be back to square one: either she resigns, or the state's impeachment process must begin (or some other state remedy to rid itself of a non-compliant elected official).
This post was edited on 9/3/15 at 2:13 pm
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