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re: Ky. clerk jailed for refusing to issue marriage licenses to gay couples
Posted on 9/3/15 at 1:58 pm to lsu2006
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
Posted on 9/3/15 at 2:55 pm to geaux99
quote:
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.
Regardless of how she framed her actions under the advice of her attorney, I'd say she made her intent pretty well known when she talked about preserving the sanctity of marriage and all that other BS.
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