Sign Up to Receive Email Action Alerts From Issa Exposed
×

Wednesday open thread

Community/Meta

This is an open thread. I’m expecting to get my computer back today so soon we will have full posts.

61 Comments

  • 1. Fortguy  |  September 2, 2015 at 11:27 am

    HERO supporters have released their first radio spot:

    Charles Kuffner, Off the Kuff: Houston Unites’ first ad

    The ad features a pro-equality Methodist pastor whose message counters the loathsome ad opponents released last week that relied on peddling potty panic.

  • 2. aiislander  |  September 2, 2015 at 1:04 pm

    Not only has this vile woman Kim Davis been thrice divorced/four times married, there are a couple other juicy tidbits: (in the Washington Times, no less!!!)
    http://www.washingtontimes.com/news/2015/sep/2/cl

  • 3. Mike_Baltimore  |  September 2, 2015 at 1:15 pm

    Seems Ms. Davis is a glutton for punishment, or something. She has gone back to Judge Bunning, asking if there is a way out of this mess.
    ( http://www.nbcnews.com/news/us-news/kentucky-cler… )

    No decision yet that I've heard of. I'm wondering if the judge won't hand down a decision until he quits laughing, or gets over his ire at the newest request.

    The article has more details of her actions (rather inactions) today, and some information on what is on the schedule for the next 24 hours.

  • 4. GregInTN  |  September 2, 2015 at 1:46 pm

    Best line in the article:

    The unorthodox gambit appears to have little chance of succeeding.

  • 5. A_Jayne  |  September 2, 2015 at 1:59 pm

    The article also gives this information:

    Two other county clerks in Kentucky are standing with Davis and also refusing to issue marriage licenses to same-sex couples.

    Casey Davis, the clerk in Casey County, is riding his bicycle across the state to protest courts' demands that the licenses be granted. And Kay Schwartz, the clerk in Whitley County, has said clerks are being bullied by the federal government.

    I knew about Casey Davis, but didn't know which other county until I read it there.

  • 6. Mike_Baltimore  |  September 2, 2015 at 2:19 pm

    I (with some difficulty) could remember them, but for special reasons for each:

    'Casey' is the name of one of the counties, and is the first name of the County Clerk; and

    I grew up about two miles from Whitley County in Indiana.

    And of course, Rowan County, because it has been in the news because of it's idiot County Clerk.

  • 7. Mike_Baltimore  |  September 2, 2015 at 2:23 pm

    I think the journalists were being very kind when describing Ms. Davis "retreating to her office". Is it just me, but does it look like she 'waddled' to her office?

  • 8. JayJonson  |  September 2, 2015 at 2:31 pm

    Judge Garcia has canceled the contempt hearing for Attorney General Paxton now that Texas has obeyed his order to treat the marriages of gay couples the same as heterosexual couples in birth and death certificates and in adoption.

    Interestingly, however, he also warned Paxton about clerks in Texas possibly refusing to issue marriage licenses to same-sex couples.

    After noting that he has received mailings from people alleging that some county clerks in Texas are still refusing to issue marriage licenses to same-sex couples, Judge Garcia wrote: “These incidents have not been properly filed and are not before this Court. Nonetheless, the Court understands … that the attorney general does not intend to represent any clerk facing litigation for its failure to issue marriage license to same-sex couples. The Court expects that Ken Paxton, as Texas Attorney General, and Kirk Cole, as interim Commissioner of the Department of State Health Services, will utilize their unique positions to ensure proper implementation of the law across the State of Texas."

    Read more here: http://www.towleroad.com/2015/09/judge-cancels-te

    The link contains a copy of Judge Garcia's order.

  • 9. Nyx  |  September 2, 2015 at 2:32 pm

    Remember, in addition to Countess Davis there are six deputy clerks who are ordered to appear in court. Will they all fall in line with Davis for political/ideological/financial reasons? It seems not everyone is onboard with Davis from a philosophical perspective.

    Here is an old article… from three weeks ago for reference:

    http://www.whas11.com/story/news/2015/08/12/rowan

  • 10. Tony MinasTirith  |  September 2, 2015 at 2:40 pm

    A good read from the post http://www.huffingtonpost.com/zack-hunt/the-bibli

    The Biblical Problem With Kentucky Clerk Kim Davis' Opposition To Same-Sex Marriage Licenses

    excerpt:

    …Unfortunately for her, assuming she does want to be faithful to biblical authority, Romans 13 presents a serious and rather awkward conundrum for government employees like Kim Davis.

    Let every person be subject to the governing authorities; for there is no authority except from God, and those authorities that exist have been instituted by God. Therefore whoever resists authority resists what God has appointed, and those who resist will incur judgment. For rulers are not a terror to good conduct, but to bad. Do you wish to have no fear of the authority? Then do what is good, and you will receive its approval; for it is God's servant for your good. But if you do what is wrong, you should be afraid, for the authority does not bear the sword in vain! It is the servant of God to execute wrath on the wrongdoer. Therefore one must be subject, not only because of wrath but also because of conscience.
    Of course, this famous passage in Romans is in addition to other verses like 1 Peter 2:13 and Titus 3:1 and Jesus's own command to "Render unto Caesar" in Mark 12:17, Matthew 22:21, and Luke 20:25. Together they mean that if we're going to play the The Bible Is Clear™ game, then Kim Davis is clearly in violation of Scripture for the Bible clearly and repeatedly tell us to obey the government. Which obviously creates an incredibly awkward conundrum, for in her steadfast determination not to violate her biblical values, Davis has done just that.

    ,,,,What Ms. Davis would do well to remember, what all of us would do well to remember in moments like this is the teaching of that great Church Father, St. Augustine who, via the teaching of Jesus himself, called us to read the Bible using the Greatest Commandment as the beginning and end of our scriptural interpretation for "the fulfillment and the end of the Law, and of all Holy Scripture" is love of God and love of neighbor. Therefore, Augustine says, "Whoever, then, thinks that he understands the Holy Scriptures, or any part of them, but puts such an interpretation upon them as does not tend to build up this twofold love of God and our neighbor, does not yet understand them as he ought."

    This man know his bible. I wish he'd be in Bunning's court room to cross examine Davis next time.

  • 11. VIRick  |  September 2, 2015 at 2:51 pm

    Per Equality Case Files:

    Today, 2 September 2015, in "Miller v. Davis," Kim Davis has filed an "Emergency Motion for an Injunction" pending appeal of the order that stayed briefing on her motion for an injunction. Yes, really. (And that's related to the extraneous side-issue where she's maneuvering to third-party sue the Kentucky Governor and the State Librarian). http://files.eqcf.org/cases/015-cv-00044-70/

    Also, the 6th Circuit Court of Appeals has scheduled a telephone mediate conference for 8 September 2015 in the two appeals Davis has already filed. Per the notice:
    "There are several purposes for mediation conferences. One is to prevent unnecessary motions or delay by addressing any procedural issues relating to the appeal. A second is to identify and clarify the main substantive issues presented on appeal. The third and primary purpose is to explore possibilities for settlement. We will discuss in considerable detail the parties’ interests and possible bases for resolving these cases. You should be prepared to address all of these matters. Your attention is also directed to the document entitled About Mediation Conferences, which is available on the Court’s website at <a href="http://www.ca6.uscourts.gov” target=”_blank”> <a href="http://www.ca6.uscourts.gov” target=”_blank”> <a href="http://www.ca6.uscourts.gov” target=”_blank”> <a href="http://www.ca6.uscourts.gov” target=”_blank”> <a href="http://www.ca6.uscourts.gov” target=”_blank”> <a href="http://www.ca6.uscourts.gov” target=”_blank”>www.ca6.uscourts.gov under the heading Mediation Office." https://www.facebook.com/EqualityCaseFiles

    Somehow, I have the distinct impression that the 6th Circuit Court of Appeals is already weary of the endless paper stream of useless appeals headed in their direction, filed by Liberty Counsel, and are attempting to put a stop to it.

  • 12. Tony MinasTirith  |  September 2, 2015 at 2:59 pm

    An interesting fact(oid) that none of the news media seems to pick up on in this case is that Judge Bunning is not your run of the mill out of control liberal Judge:

    …On September 4, 2001, Bunning was nominated by President George W. Bush to a seat on the United States District Court for the Eastern District of Kentucky vacated by William O. Bertelsman. Bunning was confirmed by the United States Senate on February 14, 2002, and received his commission on February 19, 2002.

    Also:
    Bunning is the son of former Republican Sen. Jim Bunning, a Hall of Fame baseball pitcher who represented Kentucky in the United States Senate from 1999 to 2011.

  • 13. LK2013  |  September 2, 2015 at 3:38 pm

    Very interesting part of the article:

    " Four of Davis' deputy clerks agree with her stance, while one was undecided and another would be willing to issue licenses to same-sex couples.

    Davis would not let the willing deputy clerk issue licenses due to the fact that their signature would appear twice on the documents she did not personally sign."

    I bet the Judge tomorrow will be very interested in the one Deputy Clerk who would be willing to issue licenses to same-sex couples.

    Somehow I think it will not be the Deputy Clerk who is Davis' son, however.

  • 14. DrBriCA  |  September 2, 2015 at 3:58 pm

    And I think this is where the big issue lies, too. She not only will not perform the job task herself, but she actively has prevented willing deputies from serving in her stead, based on her own personal beliefs.

    More than her own refusal, I feel that this has been a major issue (as opposed to the counties that at least will let the willing clerks handle the marriage if another clerk objects). It also goes against the Establishment Clause, as she has effectively stated that her Apostolic Beliefs are the law for all the deputies, regardless of their own beliefs/stances (and regardless of the clients themselves).

  • 15. LK2013  |  September 2, 2015 at 4:17 pm

    Good updated article summarizing some of the KY issues for tomorrow:

    http://www.kentucky.com/2015/09/02/4017124_qa-wha

  • 16. LK2013  |  September 2, 2015 at 4:21 pm

    Good Lord, the Kentucky State Senate President just filed an amicus brief in support of Kim Davis:
    https://docs.google.com/viewerng/viewer?url=http:…

  • 17. davepCA  |  September 2, 2015 at 4:43 pm

    HA! It's hilarious, and meaningless. As is her entire 'argument'. The issuing of a secular legal document from the state, which indicates only that the STATE recognizes the couple as 'legally married', does not in any way infringe upon, or even indicate, her religious beliefs. Her signature on the document indicates nothing more than the fact that the STATE has decided to recognize the legal marriage, it doesn't in any way indicate that she personally 'approves' of the marriage as being complaint with her personal religious beliefs.

    It's all just garden variety anti-gay prejudice, wrapped in a Bible by cowardly sanctimonious hypocrites.

  • 18. sfbob  |  September 2, 2015 at 4:47 pm

    It's a crock. Obergefell is clearly applicable to all statutes and constitutional amendments which would prohibit marriage equality or would interfere with the recognition of same-sex marriages on an equal footing with opposite-sex marriages. And I don't doubt the good Senator knows this.

    Actually scratch that word "crock." "Laughable" would be more appropriate.

  • 19. LK2013  |  September 2, 2015 at 4:52 pm

    It totally is a crock – how disheartening to live in a state where the Senate President writes such bull puckey!!!

  • 20. sfbob  |  September 2, 2015 at 4:57 pm

    Indeed. She has violated the Establishment Clause. Bunning noted this in his original injunction. In addition, because she represents the county she has basically made the county complicit in–and liable for–her violation of the Establishment Clause.

  • 21. 1grod  |  September 2, 2015 at 5:00 pm

    Scalia: speaking about public servants: "s/he has, after all, taken an oath to apply the laws and has been given no power to supplant them with rules of [she] his own. Of course if s/he feels strongly enough s/he can go beyond mere resignation and lead a political campaign": https://www.washingtonpost.com/news/volokh-conspi

  • 22. Zack12  |  September 2, 2015 at 5:46 pm

    Another article about the judge who will be hearing tommorrow's case. http://www.cincinnati.com/story/news/politics/201
    As others have noted, this is no liberal judge and I have a feeling that if he had been the district judge to hear this case, he would have ruled against us.
    But like Judge Feldman in LA, he respects the law, even if he doesn't like it.
    Kim Davis is SOL tommorrow.

  • 23. guitaristbl  |  September 2, 2015 at 5:48 pm

    Yeah yeah wait till we pass a law that will allow her to discriminate and not do her job…Not gonna work..The house is still under democratic control in Kentucky and I hope they are not the Davis type and will stop that nonsense.

    P.S. Obergefell did nothing to strike down the whole statuatory scheme regulating marriage in Kentucky and its not at all unclear what a clerk should do : 117 out of 120 clerks are doing their job perfectly fine, they do not seem confused to the slightest.

  • 24. VIRick  |  September 2, 2015 at 5:48 pm

    Alabama: State Handed $200K Bill in Futile Battle Against Same-Sex Marriage

    In the first instance in what portends to be an endless procession in federal court in Alabama, the two attorneys who represented the lesbian couple in "Searcy v. Strange," and who in the process, successfully sued to overturn Alabama’s same-sex marriage ban, are asking the state to reimburse them for nearly $200,000 in legal fees and costs. On 31 August 2015, David Kennedy and Christine Hernandez filed a motion in District Court in Mobile seeking $99,175 and $98,535, respectively.

    Of course, in the final analysis, it will be up to District Court Judge Ginny Granade to actually approve the precise monetary award. Kennedy and Hernandez are seeking reimbursement of attorney fees at a cost of $275 per hour from April 2014 through July 2015.

    Two months ago, the landmark case came to its end as a retired Baldwin County Circuit Court Judge James Reid granted the adoption for Cari Searcy in Mobile County Probate Court of her wife’s biological son, Khaya Searcy. Reid's approval of the measure ended a winding and politically-fraught legal battle for Searcy and her wife Kim McKeand. http://www.joemygod.com/2015/09/02/alabama-state-

  • 25. RnL2008  |  September 2, 2015 at 5:50 pm

    What a bunch of TOTAL bull shiet for lack of ANY real reasoning!!!

  • 26. 1grod  |  September 2, 2015 at 6:28 pm

    Rick – speaking about Alabama, and its establishment's continued reluctance to confronting 11/68 probate judges' resistance to issuing marriage licenses in their county, why are these judges on full salary, when they are choosing to not carrying out all their duties on behalf of straight and non straight couples seeking to get a marriage license locally? https://www.washingtonpost.com/opinions/county-cl

  • 27. Bruno71  |  September 2, 2015 at 6:53 pm

    Judge David Bunning is also the district judge who ruled against Davis.

  • 28. VIRick  |  September 2, 2015 at 7:10 pm

    Trans Woman Running for Venezuelan National Assembly

    A transgender lawyer could become the first openly LGBT member of the Venezuelan National Assembly if voters elect her later this year. Popular Will, a left-leaning pro-LGBT party that is a member of Socialist International, an association of Socialist political parties from around the world, tapped Tamara Adrián to run as a candidate to represent Caracas, the South American country’s capital, in the National Assembly. The Coalition for Democratic Unity, a group of 26 opposition parties that includes Popular Will, accepted Adrián’s candidacy.

    On 7 August 2015, the National Electoral Council, which oversees Venezuelan elections, formally registered Adrián’s candidacy. The trans commercial lawyer who specializes in foreign investments and capital and commodity markets is the second of four candidates on the ballot in the Federal District, which includes roughly half of Caracas and several suburbs, for the elections that will take place on 6 December 2015. – See more at: http://www.washingtonblade.com/2015/09/02/trans-w

  • 29. StraightDave  |  September 2, 2015 at 7:18 pm

    Coming up soon on MSNBC tonight at 10:20pm EDT +/-, one of the deadbeat KY clerks will be discussing the situation with Lawrence O'Donnell. I don't think it's Davis, but there are3 of them now. I expect the timing will drag out for a while since O'Donnell tends to drop teasers all throughout the hour. Sometime before 11:00 is all we know.

  • 30. VIRick  |  September 2, 2015 at 7:36 pm

    Wife Of Anti-Gay Alabama Gov. Robert Bentley Files For Divorce Over His Affair With Staffer

    Early this year Alabama Gov. Robert Bentley declared that same-sex marriage is “demeaning to democracy” in a brief filed with the 11th Circuit Court of Appeals. What ISN’T demeaning, apparently, is cheating on your wife with a 30-years-younger staffer.

    Gov. Robert Bentley’s wife of 50 years, Dianne, on 28 August 2015, filed for divorce, saying “their marriage has suffered an irretrievable breakdown,” according to court records. The couple, both 72, were married in 1965 and have four children. The filing cites “complete incompatibility of temperament” and states they have been separated since January. The filing also lists her address as Tuscaloosa and his as Montgomery. “There exists a conflict of personalities which destroys the legitimate aims of matrimony and all possibilities of reconciliation are futile,” the filing states. The couple has continued to make public appearances together. Today (28 August 2015), they were seen together at College Colors Day at the governor’s mansion in Montgomery. In today’s filing, Dianne Bentley asks for the governor to pay for all debts the couple incurred during the marriage, as well as her attorney fees. She also seeks sole ownership of all property they acquired during their marriage.

    Here is the inside scoop:

    Alabama Governor Robert Bentley engaged in an extramarital affair with his former communications director, leading First Lady Dianne Bentley to file for divorce last Friday after 50 years of marriage. Rebekah Caldwell Mason, a married mother of three from Bentley’s home base of Tuscaloosa, was the governor’s mistress in an affair that sources say raises a number of possible legal issues, including use of the state jet and a state trooper’s services for personal reasons that had nothing to do with Bentley’s official role. The 72-year-old Bentley, a Republican serving in his second term, repeatedly has touted his Christian faith and conservative “family values” to attract voters. He long has served as a deacon at First Baptist Church of Tuscaloosa.

    Rebekah Caldwell Mason, sources say, quickly became more than just a communications director to Bentley. Their affair became so widely known that it diluted any moral authority the governor might have had. “He’s been impotent as governor for at least the last six months. People have been going into his office and saying, ‘Do what I want or I’m going to play the girlfriend card.’ People have been running all over him.” http://www.joemygod.com/2015/09/02/report-wife-of

    Perhaps, in part, this revelation helps explain how/why Roy Moore appears to have become Bentley's new BFF over the past number of months.

  • 31. VIRick  |  September 2, 2015 at 8:00 pm

    I don't have direct answer for you, but instead, see my post below, relative to the Alabama Governor's wife's filing for divorce for a few possible clues. In the meantime, here's an appropriate excerpt from the cited "Washington Post" op-ed:

    In perhaps the most awesomely named Supreme Court case of all time, "Newman v. Piggie Park Enterprises," the court affirmed the principle that a barbecue chain could not refuse to serve African-American customers because the owner sincerely believed that the Bible mandated segregation of the races. The owner’s free exercise of religion did not get to trample the civil rights of others.

  • 32. Rick55845  |  September 2, 2015 at 8:55 pm

    Good article, thanks for posting. While I cannot imagine that he would back off from his very clear position about the role of public servants in the past, I'd love to hear Scalia say something now about this particular situation. I doubt he will. At the same time, I doubt he agrees with Kim Davis. Or rather, I should say, I think that if he would agree with Davis, it would prove for all to see that he is a hypocrite and a liar. I'd be OK with either outcome.

  • 33. Rick55845  |  September 2, 2015 at 9:01 pm

    Yes, of course, else he would not be calling Davis and her deputies to court to have a little chat tomorrow.

    I think what Zack was surmising was that if a same-sex marriage case had landed in his lap before Obergefell was decided by SCOTUS, he might have ruled against us. I presume this is based on the fact that he is a conservative judge appointed by GWB.

    But we've seen that conservative judges don't necessarily follow the politically conservative agenda, so I'm not so sure about that myself. There have been plenty of conservative judges who have ruled in our favor.

  • 34. SoCal_Dave  |  September 2, 2015 at 9:02 pm

    ….."it would prove for all to see that he is a hypocrite and a liar" AGAIN.

  • 35. sfbob  |  September 2, 2015 at 9:08 pm

    Of course we'll never know but I suspect that Scalia actually DID vote against granting Davis a stay.

  • 36. sfbob  |  September 2, 2015 at 9:22 pm

    According to the article, Bunning's mother thinks Bunning might not have agreed with the ruling in Obergefell. I suspect that's actually wishful thinking on her part. If he is the professional she claims he is and as he's shown us to be in the current case, he'd have laid his prejudices aside and ruled in our favor based simply on the facts and the law. Certainly he's nothing like his father who might have been a terrific pitcher in his MLB days but as a senator was a raving lunatic.

    As did any number of other judges appointed by GWB. It seems as though, unless one is a hack who's simply acting as instructed (like a couple of Supreme Court justices and couple of the GWB appointments to the Sixth Circuit), being appointed to a judgeship makes someone think really, really seriously about what the rule of law means.

  • 37. Mike_Baltimore  |  September 2, 2015 at 9:33 pm

    Good news for those in need of it:

    Mark Herring will be seeking re-election as Virginia's AG.
    ( http://www.washingtonblade.com/2015/09/02/mark-he… )

  • 38. VIRick  |  September 2, 2015 at 9:54 pm

    Via Rex Wockner:

    Baja California: Se Casa Primera Pareja Gay en Tijuana
    (Baja California: First Same-Sex Couple Married in Tijuana)

    Luis Vargas y Michael Bujazán contrajeron matrimonio civil en Tijuana después de un proceso legal de 11 meses. El 26 de agosto de 2015, se convirtieron en la primera pareja del mismo sexo en casarse en esta ciudad fronteriza. El oficial 1 del Registro Civil llevó a cabo el trámite en cumplimiento a los amparos 833/2014 del Juzgado Cuarto de Distrito y 825/2014 del Juzgado Sexto de Distrito, ambos radicados en Baja California.

    José Luis Márquez, abogado de los contrayentes y quien también representó a Víctor y Fernando, la primera pareja homosexual en contraer matrimonio en Mexicali, señaló que el caso representa un asunto de respeto a los derechos humanos y a que diferencia de la capital del estado, el Ayuntamiento de Tijuana no interpuso obstáculos para el cumplimiento del amparo. Luis y Michael, quienes llevan 13 años como pareja, agradecieron el antecedente marcado por Víctor y Fernando en Mexicali en defensa del derecho al matrimonio.

    (Luis Vargas and Michael Bujazán contracted their civil marriage in Tijuana after an 11-month legal process. On 26 August 2015, they became the first same-sex couple to marry in this border city. The head official of the Civil Registry conducted the procedure pursuant to amparos 833/2014 of the Fourth District Court and 825/2014 of the Sixth District Court, both of Baja California.

    José Luis Márquez, their counsel who also represented Victor and Fernando, the first gay couple to marry in Mexicali, said the current case represented an agreement on the matter of respecting human rights. Unlike the state capital, Mexicali, the City of Tijuana did not proffer any obstacles to compliance. Luis and Michael, who have been together 13 years as a couple, thanked the precedent set by Victor and Fernando in Mexicali in defense of the right to marry.)

    See more at: http://zetatijuana.com/noticias/generalez/24660/s

  • 39. VIRick  |  September 2, 2015 at 10:29 pm

    "There have been plenty of conservative judges who have ruled in our favor."

    Yes, indeed, there have been!

    My all-time favorite, of "Go Figure" fame, is Judge Posner, of the 7th Circuit Court of Appeals, who regularly, and without fail, goes out of his way to ream Scalia a new assh-le every chance he can. I mean,– the measurements are just SOOOO precise!

  • 40. VIRick  |  September 2, 2015 at 11:17 pm

    Dick Cheney: Everyone should accept that same-sex marriage is ‘the law of the land’

    Former Vice President Dick Cheney has said that people must accept that same-sex marriage is now the law of the land. The Republican politician served as Vice President under George W Bush for eight years, from 2001 to 2008, as the administration took a hardline stance on gay issues.

    He backed equal marriage in 2009, though a split in his family became clear when lesbian daughter Mary Cheney slammed her sister Liz Cheney, for opposing her right to marry.

    This week, Cheney suggested that following the Supreme Court ruling bringing same-sex marriage to all 50 states, people must “go forward” rather than continue to resist. Referring to a clerk who is still resisting the ruling, he told Newsmax: “I don’t know the details of the current case, but the Supreme Court has ruled on the subject of same-sex marriage. It’s the law of the land and as a general proposition, it seems to me you’ve got to go forward with it.”

    In the same interview, Liz Cheney added: “As my dad said, it is the law of the land. The court has ruled… [the clerk] is not an employee of a church or synagogue, she’s a government employee. So, she has an obligation to uphold the law.” http://www.pinknews.co.uk/2015/09/02/dick-cheney-

  • 41. Zack12  |  September 3, 2015 at 3:11 am

    To me, Jerome Holmes was the biggest surprise as he was the only George W judge on the Circuit or SCOTUS level to rule in our favor.
    You can be assured that if Tom Coburn and James Inhofe had the slighest idea he would rule for us they never would have put his nomination foward.

  • 42. gladolus  |  September 3, 2015 at 3:17 am

    Tennessee: Straight couple denied divorce by elected judge citing Obergefell:

    Atherton said the Supreme Court must clarify "when a marriage is no longer a marriage." Otherwise, he contended, state courts are impaired from addressing marriage and divorce litigation altogether.

    "The conclusion reached by this Court is that Tennesseans have been deemed by the U.S. Supreme Court to be incompetent to define and address such keystone/central institutions such as marriage, and, thereby, at minimum, contested divorces," Atherton wrote.
    http://www.timesfreepress.com/news/local/story/20

  • 43. LK2013  |  September 3, 2015 at 5:15 am

    Just to lighten the mood in Kentucky, check out @nexttokimdavis:

    https://mobile.twitter.com/nexttokimdavis

  • 44. LK2013  |  September 3, 2015 at 5:16 am

    The ONLY time I agree with Dick Cheney … and now Liz Cheney.

  • 45. Raga  |  September 3, 2015 at 5:17 am

    Should be a good read: http://www.npr.org/2015/09/01/436368073/ruth-bade

  • 46. LK2013  |  September 3, 2015 at 5:18 am

    Maybe. But the rantings about religious freedom by the 4 RATS in Obergefell emboldened the county clerks/probate judges who are still blocking marriage in these southern states. I hold them responsible for this continuing insanity.

  • 47. RemC  |  September 3, 2015 at 5:31 am

    This is just insane. Where is rationality? Where is the understanding of how our three branches of gov't work? It's exasperating enough when some redneck hillbilly goes off on a soapbox built from ignorance, but a sitting judge? Ye Gods. Can you imagine if this judge was considering the contempt charges against that woman?

  • 48. guitaristbl  |  September 3, 2015 at 5:39 am

    This will be overturned on appeal quickly. It makes little to no sense.Nothing speaks louder of a biased agenda than having a judge electes.

  • 49. JayJonson  |  September 3, 2015 at 5:54 am

    Actually, this was pointed out here when he initially ruled against Davis. His pedigree is standard Republican conservative. He no doubt used his father's political connections to get a judicial appointment, much like Davis inherited her position from her mother. In Kentucky, nepotism goes a long way. Nevertheless, his ruling against Davis is solidly grounded in proper judicial analysis; he is no dummy. As for today's hearing, I suspect that he will not be amused by Davis's grandstanding and open flouting of his order and perhaps even less by the flurry of irrelevant and distracting motions filed by Liberty Counsel in this case.

  • 50. JayJonson  |  September 3, 2015 at 5:57 am

    Do not count on Kentucky Democrats to do the right thing. They are a conservative lot. The last candidate for governor would not even admit to having voted for Obama in 2008 (and maybe she didn't).

  • 51. JayJonson  |  September 3, 2015 at 6:01 am

    Yes, the disgusting dissents by the RATS have emboldened the crazies. This morning I heard Huckabee citing Roberts's line about 5 unelected lawyers having redefined the universal understanding of marriage.

    At the same time, however, like sfbob, I would not be surprised if Scalia did vote against granting Davis a stay. For all their nonsense, the RATS certainly want to protect their own power, and if a Supreme Court ruling authored by the four liberals and Kennedy can be openly flouted, then a Supreme Court ruling authored by the conservatives could also be openly flouted if they open the door for that kind of thing.

  • 52. LK2013  |  September 3, 2015 at 6:04 am

    What a nut. He's "hoping they can reconcile." He just doesn't want to grant a divorce, period, on top of being a bigot. G-d help the people who are unlucky enough to be held hostage by these idiots.

  • 53. seannynj  |  September 3, 2015 at 6:15 am

    Yeah but who is going to be on the lam for the additional legal costs?

  • 54. wes228  |  September 3, 2015 at 6:31 am

    It would be inappropriate for a Supreme Court Justice to comment publicly on a pending case.

  • 55. Randolph_Finder  |  September 3, 2015 at 6:45 am

    I'm sure that there are a *lot* of rulings that Posner has made that I would disagree with, but there seems to be a level of personal animosity between Posner and Scalia that can be delicious to read.

  • 56. Steve27516  |  September 3, 2015 at 6:50 am

    Agreed; looks very interesting.
    Greetings, Raga –

  • 57. Randolph_Finder  |  September 3, 2015 at 6:56 am

    I'm *really* torn here. This clears the way for LG Ralph Northam to be the Democratic nominee for Governor. Northam is almost certainly the most conservative of the three Democrats which were elected together in 2013. (During his time in the State Senate the Republicans made an effort to get him to switch parties)

    He was the one who got the most votes, largely because he was running against EW Jackson (Note, the Republicans will have to work *really* had to find a worse candidate to run against Northam for Governor than EWJackson for LG last time, but maybe they'll succeed).

    OTOH, if Herring were to go for Governor, then the Democrats in 2017 would be in a very similar situation to what the Republicans were in 2013. Closer to Center LG against farther from Center AG for the party nomination for Gov.

  • 58. Tony MinasTirith  |  September 3, 2015 at 7:14 am

    This judge and his attitude is in contempt of the Supreme Court. Imagine if a lawyer in his court had this same flippant attitude, he'd be locked up for such disrespectful contempt.

  • 59. Tony MinasTirith  |  September 3, 2015 at 7:47 am

    Even Maggie Gallagher, who's only reason for being is to fight SSM agrees that Clerk Davis must follow the law. Writing for the National review she says:

    …"Let’s face it: There is no way to maintain the rule of law if public officials can ignore direct court orders. If the courts hold that a couple is entitled to a marriage license, there has to be a way for them to get that marriage license."

    Read more at: <a href="http://www.nationalreview.com/corner/423186/resolving-kentucky-kerfuffle-maggie-gallagher?target=author&tid=1876” target=”_blank”>http://www.nationalreview.com/corner/423186/resolving-kentucky-kerfuffle-maggie-gallagher?target=author&tid=1876

  • 60. sfbob  |  September 3, 2015 at 8:27 am

    I now know what's next on my Kindle. Thanks Raga!

  • 61. AlexRixan  |  August 20, 2016 at 3:00 am

    Appeal quickly. It makes little to no sense

Having technical problems? Visit our support page to report an issue!