Friday, September 4, 2015

Brian Brown: 'This judicial tyranny must end now!'

Thursday evening National Organization for Marriage sent out a fully expected “Free Kim Davis” email to supporters. Not only was jailing Kim Davis “judicial tyranny” but it seems that “The rogue federal judge who has jailed Kim Davis is merely the instrument of this tyranny.” At this point, given NOM's losses in various courts, pretty much all of the federal judiciary are rogues and tyrants.

NOM has a “Free Kim Davis” petition on Brian Brown's ActRight. As of this morning it has more than four thousand signers. Brown might just be the consummate cynic. On the other hand, if he believes that a petition is going to alter a judge's contempt order, then he requires adult supervision.

Let us recap:
  • Kim Davis, an elected county official, decided that she would frustrate the Supreme Court decision in Obergefell v. Hodges.
  • Unlike most citizens Ms. Davis has been provided with free legal counsel in the form of the anti-gay hate group Liberty Counsel.
  • A couple denied a marriage license sued Davis personally and in her official capacity on July 2, 2015. Davis continued to refuse.
  • On August 12, 2015, after being fully briefed and having heard from witnesses, the court issued an injunction requiring Davis to issue marriage licenses to all qualified couples. Davis continued to refuse
  • Davis filed a motion of appeal on August 12, 2015. Liberty Counsel advised their client to continue to deny gay couples marriage licenses. Davis continued to refuse.
  • Although Davis was in contempt on court, on August 17 the court issued a temporary stay pending a stay from the Sixth Circuit Court of Appeals while the matter was on appeal. Meanwhile, and in contempt of court, Davis continued to refuse.
  • On August 27 the Sixth CCA denied a stay which vacated the temporary stay. In doing so the Court noted that Davis has no chance of prevailing on appeal. Davis continued to refuse.
  • Davis' free lawyers applied for an emergency stay from the Supreme Court of the United States.
  • The Supreme Court denied the stay on August 31, 2015. Davis continued to refuse.
In essence as of yesterday, September 3, Davis and her complicit lawyers were defying the Supreme Court of the United States. Exactly what outcome did they expect? Liberty Counsel (an anti-gay hate group) got its donation bait and Kim Davis sits in federal custody — something that the plaintiffs' lawyers asked the judge not to do.

Marriage equality is the law of the land. Gay couples have been denied their constitutional right to marry for two months. If Davis doesn't like the food or the quality of her cot in jail then she can either agree to comply or she can resign. Most people who defy their employers get fired.

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