Tuesday, September 8, 2015

Liberty Counsel Drifts While NOM Grifts

Kim Davis

I concede that I am not fluent in Liberty Counsel's unique dialect of gibberish. However it seems that they have filed an “Emergency Motion” with the Sixth Circuit Court of Appeals. I'll get back to that futile endeavor but first, allow me to summarize the amount of judicial intervention – at taxpayer expense – that Liberty Counsel has subjected us to in order to allow the office of the county clerk in Rowan County, Kentucky to illegally refuse to issue marriage licenses to gay couples; All of which is designed to frustrate the Supreme Court's opinion in Obergefell v. Hodges that gays have a constitutional right to marry.

  • The original injunction in federal district court
  • An appeal to the Sixth Circuit Court of Appeals
  • A request to stay the injunction with the district court
  • A request to stay the injunction with the Sixth Circuit Court of Appeals
  • A request to stay the injunction with the Supreme Court
  • A contempt of court hearing at the district court
  • A request to the district court to stay the contempt of court pending appeal
  • A request to the Sixth Circuit Court of Appeals to stay the contempt of court pending appeal
  • An appeal of the contempt of court to the Sixth Circuit Court of Appeals
  • An emergency motion to compel the state to change its marriage license process to accommodate Ms. Davis
  • The appeal of the contempt ruling and the appeal of the injunction itself and the emergency motion will eventually end up at the Supreme Court because it is unlikely that Davis will prevail at the Court of Appeals on any of these matters so add three more court matters to the list.
Thank you Liberty Counsel.  I doubt that the emergency motion is going anywhere since I do not think that the court has the power to usurp the authority of the executive branch in this matter. They refer to Davis as a “prisoner of conscience.” Uh, huh. And what do they want?
Appellant Kim Davis respectfully requests that this Court: (1) grant immediate consideration and (2) enter an injunction enjoining enforcement of Gov. Beshear’s SSM Mandate against her and preliminarily exempting her from authorizing marriage licenses pending final resolution of the appeal in this Court.
Given the language of their denial of a stay pending resolution of the appeal (which they said she is going to lose) I don't think that's going to fly. In part, the Sixth Circuit Court of Appeals previously said:
The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court. There is thus little or no likelihood that the Clerk in her official capacity will prevail on appeal.
Liberty Counsel is likely to lose all of these endeavors. The odd thing is that the more they lose, the more money they collect in donations.

Meanwhile, National Organization for Marriage is raising money for Ms. Davis.

According to an email sent out by Brian Brown:
I am writing you today with a more personal request, something unrelated to NOM. Kim and her family face a very uncertain future. Because she has defied the demands of a rogue federal judge who thinks he can strip her of her constitutionally protected right to religious liberty, Kim could face massive fines. The judge has virtually unlimited power to enforce his contemptible order holding Kim in "contempt of court" and the gay activists who sued her have demanded massive fines be imposed even though they have already been "married."
They claim that this money will go directly to Davis. Nevertheless she has not been fined, she has free legal representation and she is still on the government payroll. So what is the purpose of this fund?

Brian Brown set some sort of dubious record for dishonest hyperbole in this email:
While Judge David Bunning is the instrument whose contemptible order put Kim Davis in jail, the cause of her suffering is the US Supreme Court who illegitimately ruled last June to redefine marriage. The Court created a lie when they said that marriage is only about the commitment of two people. Marriage is and always will be the union of one man and one woman. No court has the power to redefine marriage, an institution that predates government and has existed in virtually every civilization throughout history.
The nerve of Judge Bunning to insist that the orders of his court are obeyed. Look at that list of actions again. Kim Davis has certainly had her day in court, and then some. It is also obvious that Brian Brown cannot get past the Supreme Court's ruling in Obergefell. It is the law of the land and thousands of gay couples have already married. And, yes, the Court did have that power. This is the United States of America and we are not a theocracy.  We don't submit our laws to a pope or to the Catholic Church for approval.

These are the last desperate utterances of a failed organization that is likely to cease its very existence in the near future. Jumping on the Kim Davis bandwagon isn't likely to save them. Ms. Davis, with her three divorces and four marriages, is an unlikely hero in the long run, even to the incredibly gullible base that NOM appeals to.

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