# Fuck you, Rowan County (KY) Clerk Kim Davis **URL:** \ **Category:** The BBQ Pit\ **Created:** [August 13, 2015, 6:09pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757 "2015-08-13T18:09:20Z")\ **Posts on this page:** 20\ **Page:** 26
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [September 3, 2015, 5:00pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/501 "2015-09-03T17:00:29Z")
> [@BobLibDem](#): > > Fining her will not work, she’s going to be able to live off the donations that will be pouring in. I’ve read that it would be within the judge’s authority to issue a fine that extends to relinquishing any donations she may receive. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [September 3, 2015, 5:00pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/502 "2015-09-03T17:00:38Z")
> [@Really\_Not\_All\_That\_Bright](#): > > There is no “customary sentence” for contempt. Contempt is a tool designed to effect compliance with rules and orders of the court, not a punitive measure. It’s not a statutory offense like, say, perjury. The “interested private citizens” are _the other parties_ to the case, so their requests should absolutely be taken into account. Taken into account, yes, but contempt of court is a defiance of the court itself, and ultimately the rule of law. The other parties’ views should not be determinative. It is up to the court to decide what steps are necessary to ensure compliance with its order. ---
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [September 3, 2015, 5:07pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/503 "2015-09-03T17:07:21Z")
> [@Really\_Not\_All\_That\_Bright](#): > > There is no “customary sentence” for contempt. Contempt is a tool designed to effect compliance with rules and orders of the court, not a punitive measure. It’s not a statutory offense like, say, perjury. The “interested private citizens” are _the other parties_ to the case, so their requests should absolutely be taken into account. This isn’t entirely accurate. There are different contempt scenarios. Regular misbehavior in court for example, like screaming a profanity at the judge can result in a contempt charge in which you are actually charged and can then be found guilty. It’ll carry a fixed-term sentence/fine. This is criminal contempt of court, and the person accused of it actually has the same rights as a regular defendant and has to be “convicted” of the charge. There was a prominent (prominent as in well known, but not respected) Texas attorney who is known for aggressively defending DUI cases. He repeatedly ignored a judge’s orders in court and caught a contempt charge. This resulted in a wholly separate criminal legal process against him, the end of which resulted in him I believe pleading guilty and being sentenced to 30 days in jail. Civil contempt is when a court has found you in disobedience of a court order and is trying to compel obedience via fines or confinement. Since you have the “keys to your cell” by compliance you can actually be held indefinitely. I think the current record holder is a guy who has been held on civil contempt for over 15 years in a divorce proceeding (a court ordered him to turn money over to his ex-wife, and he refused.) ---
**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\ **Post date:** [September 3, 2015, 5:13pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/504 "2015-09-03T17:13:44Z")
jailed in contempt - [http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt](http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt) ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 3, 2015, 5:17pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/505 "2015-09-03T17:17:13Z")
> [@Martin\_Hyde](#): > > This isn’t entirely accurate. There are different contempt scenarios. Regular misbehavior in court for example, like screaming a profanity at the judge can result in a contempt charge in which you are actually charged and can then be found guilty. It’ll carry a fixed-term sentence/fine. This is criminal contempt of court, and the person accused of it actually has the same rights as a regular defendant and has to be “convicted” of the charge. Yes, but we aren’t talking about criminal contempt. This is indirect civil contempt, which does not involve a fixed sentence or fine (though admittedly I should have made that clear from my post). ---
**Author:** ![hajario](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hajario/32/171_2.png) [@hajario](https://boards.straightdope.com/u/hajario)\ **Post date:** [September 3, 2015, 5:21pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/506 "2015-09-03T17:21:00Z")
> [@simster](#): > > jailed in contempt - > > [http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt](http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt) They’ll let her out when she agrees to issue licenses. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [September 3, 2015, 5:22pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/507 "2015-09-03T17:22:45Z")
And let the martyrdom commence. She said thank you as she was sent to jail. This whole thing was planned. Now she suffers from religious persecution, the poor dear. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [September 3, 2015, 5:23pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/508 "2015-09-03T17:23:12Z")
> [@simster](#): > > jailed in contempt - > > [http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt](http://www.lex18.com/story/29953141/rowan-co-clerk-jailed-in-contempt) Federal Judges don’t mess around. Love this. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [September 3, 2015, 5:23pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/509 "2015-09-03T17:23:41Z")
I’d make her issue one from inside the cell before I’d let her out. ---
**Author:** ![Inner\_Stickler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inner_stickler/32/318_2.png) [@Inner\_Stickler](https://boards.straightdope.com/u/Inner_Stickler)\ **Post date:** [September 3, 2015, 5:25pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/510 "2015-09-03T17:25:04Z")
So what happens now? Does someone else issue licenses? Do they deliver a license to the cell every day and if she doesn’t sign it nothing happens? Can she say she’ll issue licenses and when they release her, double down on her religious stance? ---
**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\ **Post date:** [September 3, 2015, 5:27pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/511 "2015-09-03T17:27:30Z")
> [@Procrustus](#): > > Federal Judges don’t mess around. Love this. Guess he also anticipated the deluge of donations she’d get if she were merely fined. Smart! ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [September 3, 2015, 5:27pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/512 "2015-09-03T17:27:30Z")
> [@raventhief](#): > > And let the martyrdom commence. She said thank you as she was sent to jail. This whole thing was planned. Now she suffers from religious persecution, the poor dear. Fine by me. Let her stay in there for the rest of her life if she wants. Just make sure she has access to the papers so she can learn how increasingly on the wrong side of history she is, how little her “martyrdom” is accomplishing, and how love always conquers hate. ---
**Author:** ![raventhief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/raventhief/32/4_2.png) [@raventhief](https://boards.straightdope.com/u/raventhief)\ **Post date:** [September 3, 2015, 5:28pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/513 "2015-09-03T17:28:58Z")
What happens if she is impeached while in jail? I assume she gets out, if she no longer has the ability to interfere in the issuance of licenses? ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [September 3, 2015, 5:33pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/514 "2015-09-03T17:33:21Z")
> [@Inner\_Stickler](#): > > So what happens now? Does someone else issue licenses? Do they deliver a license to the cell every day and if she doesn’t sign it nothing happens? Can she say she’ll issue licenses and when they release her, double down on her religious stance? Supposedly other workers can sign it. Did the judge say anything assuring them that they can’t be fired if they do so? ---
**Author:** ![Enginerd](https://avatars.discourse-cdn.com/v4/letter/e/bcef8e/32.png) [@Enginerd](https://boards.straightdope.com/u/Enginerd)\ **Post date:** [September 3, 2015, 5:33pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/515 "2015-09-03T17:33:31Z")
> [@raventhief](#): > > What happens if she is impeached while in jail? I assume she gets out, if she no longer has the ability to interfere in the issuance of licenses? I’d assume that the court order is for the County Clerk to issue marriage licenses - once she’s no longer the County Clerk, she’d no longer be defying the court. ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 3, 2015, 5:34pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/516 "2015-09-03T17:34:24Z")
Some staffer has to take over the acting role now. Maybe the purpose of calling in the rest of the staff was to show them what would happen if they too refused to do their jobs? ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 3, 2015, 5:38pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/517 "2015-09-03T17:38:00Z")
There won’t be an acting clerk; it’s an elected office without a “vice-clerk”. Presumably Davis will continue to direct operations from her cell. Or a special session of the legislature will be called to either impeach her or declare the office vacant or something. ---
**Author:** ![Inner\_Stickler](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inner_stickler/32/318_2.png) [@Inner\_Stickler](https://boards.straightdope.com/u/Inner_Stickler)\ **Post date:** [September 3, 2015, 5:38pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/518 "2015-09-03T17:38:50Z")
> [@BigT](#): > > Supposedly other workers can sign it. Did the judge say anything assuring them that they can’t be fired if they do so? Well, that’s my question. Is her position de facto vacant by virtue of her jailing and her duties and responsibilities descend to the next person in the hierarchy or is she still in charge, just in jail? edit: RNATB clarified things. ---
**Author:** ![Honey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/honey/32/5074_2.png) [@Honey](https://boards.straightdope.com/u/Honey)\ **Post date:** [September 3, 2015, 5:43pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/519 "2015-09-03T17:43:35Z")
> [@ElvisL1ves](#): > > Some staffer has to take over the acting role now. Maybe the purpose of calling in the rest of the staff was to show them what would happen if they too refused to do their jobs? According to [this](http://thinkprogress.org/justice/2015/09/03/3698353/kim-daviss-deputies-reportedly-say-they-want-to-issue-marriage-licenses-but-are-too-afraid-of-davis/) article, the deputies have always wanted to issue the licenses, but were afraid of Kim Davis. ---
**Author:** ![Smapti](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/smapti/32/17938_2.png) [@Smapti](https://boards.straightdope.com/u/Smapti)\ **Post date:** [September 3, 2015, 5:45pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/520 "2015-09-03T17:45:00Z")
From what I’m reading, if the county clerk is “absent” from office, the authority to issue marriage licenses devolves unto the judge-executive of the county. [I.e. this fellow.](http://www.kcjea.org/rowan.html) [Previous page](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757.md?page=25) [Next page](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757.md?page=27)