Thursday, September 10, 2015

Liberty Counsel lawyers disagree with eath other on Kim Davis' return to work

Mat Staver - Liberty Counsel
The anti-gay hate group, Liberty Counsel, is providing free representation to county clerk Kim Davis. These are the conditions under which their client was released:
ORDER: 1. Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered. 
Signed by Judge David L. Bunning on 9/8/15.(KSS)cc: COR, USMS
According to Roger Gannam, an attorney with Liberty Counsel, appearing on CNN's New Day:
The bottom line is that Kim Davis cannot personally authorize a union of persons that she does not believe is marriage according to her religious beliefs. That's all she's doing— withholding her personal authorization of that. Because her deputy clerks only have authority to issue licenses under Kim Davis' authority, they can't do it either. But if they can issue licenses under someone else's authority and in someone else's name, Kim Davis would not stand in the way of that.
Does that mean that she will stand in the way of clerks issuing marriage licenses? How would she obstruct the deputy clerks? As is, the county is probably going to be sued by the couples she turned away. Creating a toxic work environment by contravening the order of a federal judge creates a new opportunity for someone to have a big payday from the litigation lottery.

Mat Staver has a different – it's just cosmetic paperwork – take:
She's asked for one simple accommodation for her faith—not just for her, but for all the other clerks in Kentucky that are similarly situated—and that is, remove her name and title from the marriage certificates. That's all she's asking for.
That is not what Gannam is saying. Gannam wants the authority changed as well. Furthermore, if “that's all she's asking for” then why don't court papers reflect that? That is not in the emergency motion that they filed on Monday.

Staver has a history of being untruthful. I think that Gannam has the more accurate take on Davis' mindset. What we don't know is how that will translate into action. With an assist from Mike Huckabee's vanity presidential campaign, Kim Davis has become a celebrity and a martyr for the cause (which is the right to discriminate).

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