Monday, November 9, 2015

Liberty Counsel falsely claims Kim Davis vindicated

Kim Davis glowing when she is the center of attention
On Friday the anti-gay hate group, Liberty Counsel, sent out a press release about their favorite client — Kim Davis. The statement conflicts with their court filings. According to them:
Today, Kentucky's Governor-elect Matt Bevin publically <sic> proclaimed one of his most urgent goals in office is to remove the personal names of county clerks from marriage licenses. This is directly what our client Kim Davis has been requesting for months.

That is a falsehood.  


“I cannot do this because my name is on the form” was never Kim Davis' legal position until well after Judge Bunning issued the initial injunction. Even then the waters were always muddy because the objection never made a whit of sense. As I previously wrote it is like Treasury Secretary Lew claiming that he is approving of transactions with currency bearing his signature. Knowing that they were going to lose – and Kim Davis most assuredly lost this case thus far – they created a fallback position that put the blame on the governor and the legislature.

Kim Davis once boasted that her office would never issue a same-sex marriage license. When Liberty Counsel first answered the complaint – before the injunction – this is what they asserted:
… licenses, are readily available across Kentucky, and Plaintiffs can obtain a license from any one of more than 100 counties (including counties surrounding Rowan County) …

…this case is about forcing an individual county clerk (Davis) to authorize and personally approve SSM in violation of her fundamental religious liberty and speech rights. The United States and Kentucky Constitutions, as well as the Kentucky Religious Freedom Restoration Act, protect her conscience from such authoritarian invasion and intolerant coercion.

if a SSM license is issued with Davis’ name, authorization, and approval, no one can unring that bell. That searing act of validation would forever echo in her conscience.

… Even though one of her deputy clerks (and perhaps two) is (or are) willing to issue a SSM license, she instructed all deputy clerks to stop issuing marriage licenses because licenses are issued with her authority (not the deputy clerk’s) and every license requires her name to appear on the license (even if signed by a deputy clerk).
In other words, the fact that her name was on the form was incidental to what she claimed was her authorization and personal approval of same-sex marriage. Mat Staver is full of shit and Kim Davis is full of shit. If Matt Bevin is familiar with this case then he is full of shit as well.

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