Why Can't the Kentucky Clerk Get Bail?

[WorthyNewsBot]

Rowan County, Kentucky Clerk Kim Davis has been jailed without bail since Thursday for refusing to allow her office to issue marriage licenses to same-sex couples.

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[Flames of Liberty]

There is never bail in contempt of court cases. When bail is authorized it is assumed the person will not commit the actions they have been accused of while on bail.  In this case she has openly admitted she will continue to not do her job.

I agree 100% with her view on same sex marriage,  but in our country that does not give her the right to not do her job and still get paid for it.  It is not in the job description of a County Clerk to define marriage.  

[Guest shiloh357]

There is never bail in contempt of court cases. When bail is authorized it is assumed the person will not commit the actions they have been accused of while on bail.  In this case she has openly admitted she will continue to not do her job.

I agree 100% with her view on same sex marriage,  but in our country that does not give her the right to not do her job and still get paid for it.  It is not in the job description of a County Clerk to define marriage.  

Actually, she WAS doing her job.  Gay marriage is not legal in this country.   She was jailed for refusing to sign gay marriage licenses and that is in keeping with existing law.

Her being put in jail was illegal.   This entire dust up could have been avoided if they would have allowed other clerks in her office to sign the licenses, but they want HER to sign them, even though there are other clerks willing to do so.  

She is not defining marriage.

[Flames of Liberty]

The Supreme Court disagrees with you.  

Additionally, it was she that refused to allow the others in her office to sign the marriage licenses.

[Guest shiloh357]

The Supreme Court disagrees with you.  

Additionally, it was she that refused to allow the others in her office to sign the marriage licenses.

The Supreme Court permitted it, but the Supreme Court doesn't make law and doesn't pass laws.   There are no laws on the books that legalize gay marriage.  The only legalizing body in the Federal Gov't  is the Congress and they have passed no laws in that regard.    The Supreme Court doesn't have a say in this.   The Supreme Court was wrong.

The US Constitution is silent on the topic.  That means it goes to the states and the state of KY and the state constitution of KY upholds the definition of marriage to be between a man and a woman that was added to their constitution in 2004.    

She swore and oath and so did her subordinates to uphold the constitution of state of KY.  That means it is illegal for them to sign those licenses.

[Flames of Liberty]

The Supreme Court ruled that marriage fell under the protection of the 14th amendment.  Agree or disagree with the ruling, the Supreme Court did what it was created to do, determine the constitutionality of laws passed by the people.  Just as this amendment was used to justify stinking down Jim Crow laws.  

[missmuffet]

There is never bail in contempt of court cases. When bail is authorized it is assumed the person will not commit the actions they have been accused of while on bail.  In this case she has openly admitted she will continue to not do her job.

I agree 100% with her view on same sex marriage,  but in our country that does not give her the right to not do her job and still get paid for it.  It is not in the job description of a County Clerk to define marriage.  

Actually, she WAS doing her job.  Gay marriage is not legal in this country.   She was jailed for refusing to sign gay marriage licenses and that is in keeping with existing law.

Her being put in jail was illegal.   This entire dust up could have been avoided if they would have allowed other clerks in her office to sign the licenses, but they want HER to sign them, even though there are other clerks willing to do so.  

She is not defining marriage.

It sounds almost like a setup.

[other one]

Not a setup, just conflicting laws between the Federal and State laws, and there are actually quite a few.

It is unfortunate that she has to be the person who brings this to a head, but it really does need to be worked out.

[other one]

The Supreme Court ruled that marriage fell under the protection of the 14th amendment.  Agree or disagree with the ruling, the Supreme Court did what it was created to do, determine the constitutionality of laws passed by the people.  Just as this amendment was used to justify stinking down Jim Crow laws.  

you might want to fix that...   it did give me a bit of a chuckle though.....    thank you for that.

[Guest shiloh357]

The Supreme Court ruled that marriage fell under the protection of the 14th amendment.  Agree or disagree with the ruling, the Supreme Court did what it was created to do, determine the constitutionality of laws passed by the people.  Just as this amendment was used to justify stinking down Jim Crow laws.  

No, that is not what it is set up to do.   The SCOTUS is set up to challenge the constitutionality of laws passed by Congress.  They are a check and balance on Congress. 

There are no laws legalizing gay marriage, so she was not violating any laws.   She was upholding KY law and the Supreme Court does not have the power to override state laws.   States are sovereign.    KY's Constitution upholds marriage as being between a man and woman, only.   They have no laws providing anything for gay couples.  

It is the gov't, not Kim Davis, that has broken the law.