# Fuck you, Rowan County (KY) Clerk Kim Davis

**URL:** <https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757>\
**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:** 30

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**Author:** ![StarvingButStrong](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/starvingbutstrong/32/335_2.png) [@StarvingButStrong](https://boards.straightdope.com/u/StarvingButStrong)\
**Post date:** [September 3, 2015, 9:09pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/581 "2015-09-03T21:09:06Z")

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> [@Club\_33](#):
>
> If only we were so lucky. If this happens to be a slow news week, I expect her face to remain plastered front and center on every media outlet.

Oh, not _everywhere._ Here in Boston it’s much, much more newsworthy that Brady’s suspension has been lifted. :rolleyes:

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**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, 9:25pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/582 "2015-09-03T21:25:03Z")

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> [@simster](#):
>
> So - even tho the other clerks have said they will, and the judge has said licenses will be issued - She can “not authorize” it?
> 
> whats to stop them from issueing them “without” her authorization? what would be the next step there?

Well, technically her authority is required to issue the license; when the deputy clerks do it, they’re doing it under her authority, which is grounded in statute. So in theory a non-Davis-authorized license might be invalid. :eek:

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**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\
**Post date:** [September 3, 2015, 9:31pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/583 "2015-09-03T21:31:54Z")

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> [@StarvingButStrong](#):
>
> Oh, not _everywhere._ Here in Boston it’s much, much more newsworthy that Brady’s suspension has been lifted. :rolleyes:

I propose a compromise. Brady can be the new county clerk and Davis can be the starter for the Patriots. Everybody (else in the AFC) wins.

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**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, 9:37pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/584 "2015-09-03T21:37:41Z")

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> [@ElvisL1ves](#):
>
> I didn’t know you _could_ refuse to leave jail.

There’s going to be a lot to sweep up if she gets one o’ them prison haircuts.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [September 3, 2015, 9:37pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/585 "2015-09-03T21:37:50Z")

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> [@Boyo\_Jim](#):
>
> What law need to be cited to verify that if she’s in a jail cell, she has been literally and physically been removed from her office?

You are already proven wrong. She is in jail yet she is still Clerk. Next time, bring facts.

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**Author:** ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)\
**Post date:** [September 3, 2015, 9:52pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/586 "2015-09-03T21:52:40Z")

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I wonder how her fellow prisoners will treat her. Or if she’ll get special treatment.

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**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, 9:54pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/587 "2015-09-03T21:54:06Z")

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> [@Boyo\_Jim](#):
>
> What law need to be cited to verify that if she’s in a jail cell, she has been literally and physically been removed from her office?

The federal courts have the power to imprison her for contempt, ie for failing to comply with the courts’ order to issue marriage licences to same sex couples. The purpose of jailing her is not punishment, but to force her to exercise her lawful duty to issue marriage licences. That approach is based on the fact that she still holds the office of clerk and can exercise its powers.

If jailing her for contempt removed her from the office of clerk, then she has to be released right away, because she no longer has the power to issue licences and is no longer in contempt.

The only way to remove her from office is under state law, not federal law governing civil contempt. Apparently that means the state Legislature.

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**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\
**Post date:** [September 3, 2015, 9:56pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/588 "2015-09-03T21:56:25Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Well, technically her authority is required to issue the license; when the deputy clerks do it, they’re doing it under her authority, which is grounded in statute. So in theory a non-Davis-authorized license might be invalid. :eek:

The judge [addressed](http://www.msn.com/en-us/news/us/kentucky-clerks-to-license-marriages-as-their-boss-is-jailed/ar-AAdUq1U?ocid=iehp) that.

> [@](#):
>
> He rejected her lawyer’s argument that deputy clerks cannot act against her authority, and called each one before him to declare their intentions.

I suppose that part of his judgement could be appealed separately.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [September 3, 2015, 10:17pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/589 "2015-09-03T22:17:18Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Well, technically her authority is required to issue the license; when the deputy clerks do it, they’re doing it under her authority, which is grounded in statute. So in theory a non-Davis-authorized license might be invalid. :eek:

Since she ordered them to violate the Constitution (which they swore to uphold),wouldn’t that be an illegal order?

And doesn’t the Constitution override her authority?

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**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, 10:22pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/590 "2015-09-03T22:22:33Z")

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> [@Frank](#):
>
> The judge [addressed](http://www.msn.com/en-us/news/us/kentucky-clerks-to-license-marriages-as-their-boss-is-jailed/ar-AAdUq1U?ocid=iehp) that.
> 
> I suppose that part of his judgement could be appealed separately.

So does that mean they _can_ issue the licenses against her authority, because a judge ordered it?

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**Author:** ![Rick\_Kitchen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rick_kitchen/32/522_2.png) [@Rick\_Kitchen](https://boards.straightdope.com/u/Rick_Kitchen)\
**Post date:** [September 3, 2015, 10:24pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/591 "2015-09-03T22:24:22Z")

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One wonders, as an Apostolic Christian who doesn’t believe in cutting her hair, if she has a problem with issuing licenses to hair salons.

This woman earns $80,000 a year in an impoverished county. Her mother was the county clerk for 40 years, and she was her assistant. Her son is now her assistant. The job is hers by right of succession.

Her son has already said he will not issue any licenses. Time for him to be in the cell next to hers.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [September 3, 2015, 10:27pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/592 "2015-09-03T22:27:02Z")

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> [@Rick\_Kitchen](#):
>
> Time for him to be in the cell next to hers.

Judge Bunning has declared that he gets to stay free because the other five have said they will comply.

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**Author:** ![Bridget\_Burke](https://avatars.discourse-cdn.com/v4/letter/b/7cd45c/32.png) [@Bridget\_Burke](https://boards.straightdope.com/u/Bridget_Burke)\
**Post date:** [September 3, 2015, 11:05pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/593 "2015-09-03T23:05:56Z")

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[Ever eager to grab a headline](http://talkingpointsmemo.com/livewire/ted-cruz-kim-davis-contempt)…

> [@](#):
>
> Sen. Ted Cruz (R-TX) rushed to the defense of the Kentucky clerk held in contempt of court Thursday for her refusal to issue gay marriage license and issued a statement calling for “every lover of liberty to stand with Kim Davis.”
> 
> Davis, the clerk in Rowan county, had stopped issuing licenses to all marriage couples after the Supreme Court decision legalized same-sex marriage and was sued by a group of couples.
> 
> “Today, judicial lawlessness crossed into judicial tyranny,” Cruz said. “Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America.”

No

There’s more if you want to read it. What does a license for a civil ceremony have to do with her religion? No clergyman has been forced to marry any couple in the USA–this hasn’t changed. Surely she knows some of her licenses lead to civil weddings. Or weddings by clergy of denominations she no doubt considers Hell Bound.

Of course, Cruz’s “stand with” means giving speeches from Texas. (He’s here for a few speeches before returning to the campaign trail.) It does _not_ mean offering his high-power legal talents…

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [September 3, 2015, 11:08pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/594 "2015-09-03T23:08:40Z")

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> [@Snowboarder\_Bo](#):
>
> You are already proven wrong. She is in jail yet she is still Clerk. Next time, bring facts.

I’m stunned that you seem unable to comprehend what I’m saying. Unless she can twin herself, she cannot be in both a jail cell and in her office. She has “literally and physically” been removed for her office, and this is unambiguously true. I never said she was no longer going to be employed as clerk.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [September 3, 2015, 11:17pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/595 "2015-09-03T23:17:44Z")

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[QUOTE=Ted Cruz]  
“Today, judicial lawlessness crossed into judicial tyranny,” Cruz said. “Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America.”  
[/QUOTE]  
Sure it is. Just ask the Mormons.

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**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\
**Post date:** [September 3, 2015, 11:33pm UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/596 "2015-09-03T23:33:22Z")

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> [@hajario](#):
>
> Five out of six of the deputy clerks have agreed to issue licenses. The one hold out is Kim’s son. He will go to jail.
> 
> Licenses will begin to be issued at 8am tomorrow.

He won’t be going to jail because the other 5 clerks have [agreed](http://news.yahoo.com/jailed-kentucky-clerk-refuses-to-compromise-in-gay-205731329.html) to issue licenses. All she had to do stay out of jail was to not interfere with them, and she’s too fucking stubborn to that.

> [@dasmoocher](#):
>
> So, now they should bill her for room and board. She wastes the tax dollars spent on her salary and now she wants free housing and food? She should ask Jesus to house and feed her.

Actually some jails, especially in the South, do charge their inmates for room & board. I don’t think that’s the case in Kentucky though.

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**Author:** ![bup](https://avatars.discourse-cdn.com/v4/letter/b/6bbea6/32.png) [@bup](https://boards.straightdope.com/u/bup)\
**Post date:** [September 4, 2015, 12:07am UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/597 "2015-09-04T00:07:31Z")

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Factual question: I imagine, since Kimmie can spring herself by agreeing to everlasting hell any time she wants to, that they’re keeping her in a holding cell, or small “j” jail.

Will they move her to an actual prison at any point if she relents?

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**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 4, 2015, 12:14am UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/598 "2015-09-04T00:14:22Z")

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> [@](#):
>
> Originally Posted by Ted Cruz  
> “Today, judicial lawlessness crossed into judicial tyranny,” Cruz said. “Today, for the first time ever, the government arrested a Christian woman for living according to her faith. This is wrong. This is not America.”

what an ass. That Bunning character is “lawless” now? A GWB appointee, son of a very conservative US Senator, and former federal prosecutor. I hope Walker says something so utterly stupid soon, as I’m trying keep him on the top of the most hated list. Cruz is moving up.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [September 4, 2015, 12:15am UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/599 "2015-09-04T00:15:36Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Well, technically her authority is required to issue the license; when the deputy clerks do it, they’re doing it under her authority, which is grounded in statute. So in theory a non-Davis-authorized license might be invalid. :eek:

But the judge disagrees and orders her deputies to issue licenses without her authority. So, if she does not have the authority to order her deputies not to issue licenses, then why the need for jail?

Plus, the deputies are not parties before the court and the judge shouldn’t have the power to hold them in contempt or otherwise order them to do anything.

I disagree with Davis on this, but I do not think this remedy is proper. The deputies only have such power as is delegated by the Clerk.

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**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\
**Post date:** [September 4, 2015, 12:59am UTC](https://boards.straightdope.com/t/fuck-you-rowan-county-ky-clerk-kim-davis/727757/600 "2015-09-04T00:59:43Z")

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> [@Boyo\_Jim](#):
>
> I’m stunned that you seem unable to comprehend what I’m saying. Unless she can twin herself, she cannot be in both a jail cell and in her office. She has “literally and physically” been removed for her office, and this is unambiguously true. I never said she was no longer going to be employed as clerk.

She has not been “removed from her office,” in the sense that she is no longer the court officer, or official.

(James Madison fled the White House, but was never “removed from his office.”)

What point are you trying to make here? It doesn’t seem cogent somehow.

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