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Judge orders Christian clerk freed from jail
Tuesday, September 8, 2015 12:36
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Judge orders Christian clerk freed from jailBut gives condition for Kim Davis and her deputies
Kim Davis
Kim Davis, the Kentucky clerk who has been jailed since last week for refusing to issue marriage licenses to same-sex couples, was ordered released Tuesday by a federal judge.
The order from Judge David L. Bunning came just a few hours before a major rally calling for her freedom.
Bunning also ordered the Rowan County clerk not to interfere when her deputy clerks issue marriage licenses.
The deputy clerks have been granting licenses to homosexual and heterosexual couples since Friday.
Bunning said he was satisfied the Rowan County clerk’s office is now complying with the recent Supreme Court decision that green-lighted “same-sex marriage” across America.
Staver, in a statement sent to WND, said the order will allow Davis to restore some normality in her life.
“We are pleased that Kim Davis has been ordered released. She can never recover the past six days of her life spent in an isolated jail cell, where she was incarcerated like a common criminal because of her conscience and religious convictions. She is now free to return to her family, her coworkers and the office where she has faithfully served for the past 27 years”
He said Liberty Counsel would “continue to assist Kim and pursue the multiple appeals she has filed.”
Staver previously told NBC News the condition to allow deputy clerks to grant licenses to homosexuals was unlikely to suffice.
“We’re back to square one,” Staver said. “She’s been released, but there’s been no resolution.”
To avoid discrimination, Davis, a Democrat, had refused to issue any marriage licenses.
NBC reported Bunning had threatened further “appropriate sanctions” if she didn’t continued to follow his instructions.
More sanctions are likely, NBC said, because Davis had vowed she would not allow any licenses to be issued from her office, even if she wasn’t the one signing them.
The law in Kentucky requires that her signature be on the licenses.
“She told the court Thursday,” Staver said, “that she can’t allow licenses to go out under her name and her authority that authorize a marriage that collides with her conscience and religious conviction, and Kim is not changed on that position.”
Davis’ lawyers several times have argued that an accommodation can be created so that the licenses do not require her signature, but the judge instead decided to imprison her.
Bunning roped Davis’ deputy clerks into the case last week even though they were not parties, ordering them to issue the licenses under his threat of jail time.
He is demanding status reports every 14 days detailing their compliance with his order.
Bunning previously admitted that the dispute was over a conflict between two constitutional rights – Davis’ enumerated right in the Constitution to free exercise of religion and the Supreme Court’s newly created right of “same-sex marriage.”
Critics have condemned the Supreme Courts ruling on marriage in June as being as faulty as the Dred Scott case that affirmed slavery.
Davis’ lawyers, with Liberty Counsel, had just filed an emergency motion with the 6th U.S. Circuit Court of Appeals charging that the judge, Bunning, had created a criminal contempt case against the clerk without notifying her and had violated her rights to due process by jailing her.
They noted that Bunning himself seemed uncertain whether or not licenses issued without Davis would be valid.
The attorneys suggested the case makes it look as though Bunning “sought to vindicate [his] own authority and punish Davis for past actions.”
“Thus, Davis is entitled to heightened due process, which she did not receive,” the filing explained.
Bunning also violated the federal Religious Freedom Restoration Act by jailing Davis, the attorneys told the 6th Circuit.
“It is not for the district court or any court to question the reasonableness or scriptural accuracy of Davis’ beliefs about marriage, to which she testified at the contempt hearing,” they said. “Indeed, judges should not determine whether Davis’ religious beliefs are ‘mistaken’ or ‘insubstantial.’ … Instead, the ‘narrow function’ … in this context is to determine whether the line drawn reflects ‘an honest conviction.’”
Giving her the choice of violating her beliefs or going to jail certainly “burdens” her religious faith, they wrote.
“Moreover, the compelling government interest inquiry, which the district court omitted in its contempt order, ‘requires the government to demonstrate that the compelling interest test is satisfied through application of the challenged law ‘to the person’ – the particular claimant whose sincere exercise of religions is being substantially burdened,’” they said.
Davis has received support from some Republican presidential candidates, including former Arkansas Gov. Mike Huckabee.
As an elected official, she could be removed from office only by the legislature, which doesn’t meet until winter.
Huckabee earlier criticized the judge for a decision that “undermines the Constitution.”
Even before the Supreme Court’s Obergefell decision, in which five lawyers decided to redefine marriage, Davis had written to lawmakers asking them to address the issue and protect clerks who had a religious objection to same-sex marriage.
The Kentucky Clerks Association also recommend that the names of clerks be removed from the forms, Staver revealed.
The Supreme Court’s decision was criticized by Chief Justice John Roberts as having no constitutional foundation. Deciding votes also were cast by two justices, Elena Kagan and Ruth Ginsburg, who publicly had advocated for same-sex marriage while the case was before the court. They refused demands that they recuse themselves from the case.
The case illustrates the unwillingness of many Americans to accept the Supreme Court’s imposition of “gay marriage.”
WND reported when James Dobson, the high-profile Christian commentator, author and broadcaster, warned the U.S. Supreme Court before it created same-sex marriage that it was about to constitutionalize sin.
He said the case ultimately isn’t about marriage. Fundamentally, he contends, it’s a way to open up vast new avenues to attack Christianity.
Dobson, who founded the highly influential groups Family Research Council and Focus on the Family, and now runs Family Talk. charged in his monthly newsletter that the Supreme Court’s decision was “an expression of hostility toward people who take their Christianity seriously.”
He said the decision by five justices will prove disastrous for America.
His view is supported by the four dissenting justices, who argued the decision had no connection to the U.S. Constitution and likely will be used to attack Christians.
Dobson wrote: “We are convinced that this unconstitutional decision, issued by five unelected, unaccountable and imperious justices, will ultimately prove to be as catastrophic as Dred Scott v. Sanford in 1857 and Roe v. Wade in 1973. It will touch every dimension of culture.”
He said the decision is not about same-sex marriage, except only tangentially.
“Many gay and lesbian groups have admitted that marriage has never been their primary objective. Instead, it is about everything else,” he wrote.
“What’s at stake is the entire culture war.”
Bunning also ordered the Rowan County clerk not to interfere when her deputy clerks issue marriage licenses.
The deputy clerks have been granting licenses to homosexual and heterosexual couples since Friday.
Bunning said he was satisfied the Rowan County clerk’s office is now complying with the recent Supreme Court decision that green-lighted “same-sex marriage” across America.
Staver, in a statement sent to WND, said the order will allow Davis to restore some normality in her life.
“We are pleased that Kim Davis has been ordered released. She can never recover the past six days of her life spent in an isolated jail cell, where she was incarcerated like a common criminal because of her conscience and religious convictions. She is now free to return to her family, her coworkers and the office where she has faithfully served for the past 27 years”
He said Liberty Counsel would “continue to assist Kim and pursue the multiple appeals she has filed.”
Staver previously told NBC News the condition to allow deputy clerks to grant licenses to homosexuals was unlikely to suffice.
“We’re back to square one,” Staver said. “She’s been released, but there’s been no resolution.”
To avoid discrimination, Davis, a Democrat, had refused to issue any marriage licenses.
NBC reported Bunning had threatened further “appropriate sanctions” if she didn’t continued to follow his instructions.
More sanctions are likely, NBC said, because Davis had vowed she would not allow any licenses to be issued from her office, even if she wasn’t the one signing them.
The law in Kentucky requires that her signature be on the licenses.
“She told the court Thursday,” Staver said, “that she can’t allow licenses to go out under her name and her authority that authorize a marriage that collides with her conscience and religious conviction, and Kim is not changed on that position.”
Davis’ lawyers several times have argued that an accommodation can be created so that the licenses do not require her signature, but the judge instead decided to imprison her.
Bunning roped Davis’ deputy clerks into the case last week even though they were not parties, ordering them to issue the licenses under his threat of jail time.
He is demanding status reports every 14 days detailing their compliance with his order.
Bunning previously admitted that the dispute was over a conflict between two constitutional rights – Davis’ enumerated right in the Constitution to free exercise of religion and the Supreme Court’s newly created right of “same-sex marriage.”
Critics have condemned the Supreme Courts ruling on marriage in June as being as faulty as the Dred Scott case that affirmed slavery.
Davis’ lawyers, with Liberty Counsel, had just filed an emergency motion with the 6th U.S. Circuit Court of Appeals charging that the judge, Bunning, had created a criminal contempt case against the clerk without notifying her and had violated her rights to due process by jailing her.
They noted that Bunning himself seemed uncertain whether or not licenses issued without Davis would be valid.
The attorneys suggested the case makes it look as though Bunning “sought to vindicate [his] own authority and punish Davis for past actions.”
“Thus, Davis is entitled to heightened due process, which she did not receive,” the filing explained.
Bunning also violated the federal Religious Freedom Restoration Act by jailing Davis, the attorneys told the 6th Circuit.
“It is not for the district court or any court to question the reasonableness or scriptural accuracy of Davis’ beliefs about marriage, to which she testified at the contempt hearing,” they said. “Indeed, judges should not determine whether Davis’ religious beliefs are ‘mistaken’ or ‘insubstantial.’ … Instead, the ‘narrow function’ … in this context is to determine whether the line drawn reflects ‘an honest conviction.’”
Giving her the choice of violating her beliefs or going to jail certainly “burdens” her religious faith, they wrote.
“Moreover, the compelling government interest inquiry, which the district court omitted in its contempt order, ‘requires the government to demonstrate that the compelling interest test is satisfied through application of the challenged law ‘to the person’ – the particular claimant whose sincere exercise of religions is being substantially burdened,’” they said.
Davis has received support from some Republican presidential candidates, including former Arkansas Gov. Mike Huckabee.
As an elected official, she could be removed from office only by the legislature, which doesn’t meet until winter.
Huckabee earlier criticized the judge for a decision that “undermines the Constitution.”
Even before the Supreme Court’s Obergefell decision, in which five lawyers decided to redefine marriage, Davis had written to lawmakers asking them to address the issue and protect clerks who had a religious objection to same-sex marriage.
The Kentucky Clerks Association also recommend that the names of clerks be removed from the forms, Staver revealed.
The Supreme Court’s decision was criticized by Chief Justice John Roberts as having no constitutional foundation. Deciding votes also were cast by two justices, Elena Kagan and Ruth Ginsburg, who publicly had advocated for same-sex marriage while the case was before the court. They refused demands that they recuse themselves from the case.
The case illustrates the unwillingness of many Americans to accept the Supreme Court’s imposition of “gay marriage.”
WND reported when James Dobson, the high-profile Christian commentator, author and broadcaster, warned the U.S. Supreme Court before it created same-sex marriage that it was about to constitutionalize sin.
He said the case ultimately isn’t about marriage. Fundamentally, he contends, it’s a way to open up vast new avenues to attack Christianity.
Dobson, who founded the highly influential groups Family Research Council and Focus on the Family, and now runs Family Talk. charged in his monthly newsletter that the Supreme Court’s decision was “an expression of hostility toward people who take their Christianity seriously.”
He said the decision by five justices will prove disastrous for America.
His view is supported by the four dissenting justices, who argued the decision had no connection to the U.S. Constitution and likely will be used to attack Christians.
Dobson wrote: “We are convinced that this unconstitutional decision, issued by five unelected, unaccountable and imperious justices, will ultimately prove to be as catastrophic as Dred Scott v. Sanford in 1857 and Roe v. Wade in 1973. It will touch every dimension of culture.”
He said the decision is not about same-sex marriage, except only tangentially.
“Many gay and lesbian groups have admitted that marriage has never been their primary objective. Instead, it is about everything else,” he wrote.
“What’s at stake is the entire culture war.”
Copyright 2015 WND
http://www.wnd.com/2015/09/judge-orders-christian-clerk-freed-from-jail/
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Source: http://nesaranews.blogspot.com/2015/09/judge-orders-christian-clerk-freed-from.html
Amen to Kim Davis!!
I would do the same as she did and not sign any marriage license as well pertaining to same sex marriage!
This whole world is so turned around and you can blame it all on satan!
GOD plainly states NO HOMO MARRIAGES!
Homo’s are sick people and want to stick it to all the heterosexuals with all their Anti-GOD beliefs!
They make me sick because they hit up on me and they skew children’s minds up believing homo’s are normal!
Jesus please come soon and judge this world!