June 30, 201511 yr I've got no problem with Lincoln, or any elected official, using their religious beliefs to support or rally against a proposed law as long as the proper procedures are followed to bring that law in to place. Lincoln did not use his religious convictions to force the law in to place--simply to garner support for it. These clerks are denying service to taxpaying citizens that are legally entitled to that service. If they continue they should be fired. Gotcha. I misunderstood your meaning of this statement: I also believe that it is not my place to judge others and try to impose my personal beliefs on them.
June 30, 201511 yr Gotcha. I misunderstood your meaning of this statement: Rallying for a cause is not imposing beliefs on anyone. They do not have to take part in, or listen to me in that case. That does not deny them their rights. Withholding a legal service by a government agent because of his personal beliefs is imposing his beliefs on them.
June 30, 201511 yr I saw where Beshear and Conway both have stated that County Clerks have to issue licenses but the Justice of the Peace can decline to do the service.
July 1, 201511 yr Pulaski County Clerk has said that even though she doesn't agree with the decision she will issue the license as it is the law.
July 1, 201511 yr :scared: could you imagine the bridezillas in the midst of wedding season not getting their marriage license? :sorry: ma'am I'll get right on that...
July 1, 201511 yr Here 'was' the policy as of 2008. http://ag.ky.gov/civil/documents/kentuckymarriagelaw.pdf Page 1: Prohibited and restricted marriages Definition of marriage KRS 402.005 defines the marriage relationship as follows: As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex. Lets jump ahead to page 2 on Same Sex Marriage Marriage between members of same sex Kentucky Constitution, Section 223A, ratified November 2, 2004, provides: Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. Marriage between members of the same sex is prohibited. See KRS 402.020(1)(d). KRS 402.040(1) provides that if a resident of this state marries in another state, the marriage will be valid in Kentucky if it was valid in the state where solemnized. However, KRS 402.040(2) provides: A marriage between members of the same sex is against Kentucky public policy and shall be subject to the prohibitions established in KRS 402.045. KRS 402.045(1) provides in part that, “A marriage between members of the same sex which occurs in another jurisdiction shall be void in Kentucky.” KRS 402,045(2) provides that “Any rights granted by virtue of the [same sex] marriage, or its termination, shall be unenforceable in Kentucky courts.” Thus under these legislative enactments no county clerk, or deputy or assistant county clerk can legally issue a marriage license to applicants of the same sex. KRS 402.990(6) provides that any clerk who knowingly issues a marriage license to persons prohibited from marrying shall be guilty of a Class A misdemeanor and removed from office by the judgment of the court in which the clerk is convicted. So the question is - has Conway issued an updated County Clearks Guide to Kentucky Marriage policy? Has Brashear officially recided any of the KRS status referenced in the guide? Has the legislature recideded KRS 402.990 or KRS 402.005? On the bottom of page 12 and top of page of Conway's guide are 4 specific laws County Clerks can be guilty of if they violate provisions of the Kentucky Statute. Judges at any level can make what ever rulings they want. It would seem the County Clerks would demand clarification on 'the rules' with assurance of not being prosecuted. The 'against my religion' is hollow. But doing something the handbook issued by the Attorney General and law directly say is against the law and until a week ago would land a person in jail is something to give pause to. Thus far, has there been any official action relieving County Clerks of the requirement to follow the KRS laws and Conway's policy? BTW, you can get a license in one country and get married in another so no one is being denied the ability to marry due to some counties not issuing licenses to anyone.
July 1, 201511 yr Here 'was' the policy as of 2008. http://ag.ky.gov/civil/documents/kentuckymarriagelaw.pdf Page 1: Lets jump ahead to page 2 on Same Sex Marriage So the question is - has Conway issued an updated County Clearks Guide to Kentucky Marriage policy? Has Brashear officially recided any of the KRS status referenced in the guide? Has the legislature recideded KRS 402.990 or KRS 402.005? On the bottom of page 12 and top of page of Conway's guide are 4 specific laws County Clerks can be guilty of if they violate provisions of the Kentucky Statute. Judges at any level can make what ever rulings they want. It would seem the County Clerks would demand clarification on 'the rules' with assurance of not being prosecuted. The 'against my religion' is hollow. But doing something the handbook issued by the Attorney General and law directly say is against the law and until a week ago would land a person in jail is something to give pause to. Thus far, has there been any official action relieving County Clerks of the requirement to follow the KRS laws and Conway's policy? BTW, you can get a license in one country and get married in another so no one is being denied the ability to marry due to some counties not issuing licenses to anyone. All of this is moot now that Beshear and Conway have said clerks need to issue licenses like their job description says and that the Justice of the Peace can deny performing services. This was said after they contacted federal officials to find out what is legal and what isn't. Clerks who deny licenses will be in violation of federal law. Who wants those problems? We shall see.
July 1, 201511 yr All of this is moot now that Beshear and Conway have said clerks need to issue licenses like their job description says and that the Justice of the Peace can deny performing services. This was said after they contacted federal officials to find out what is legal and what isn't. Clerks who deny licenses will be in violation of federal law. Who wants those problems? We shall see. Their 'saying' things is official policy and recides dully passed laws? Lets face this fact - Conway wishes this never came down. Politically the timing on this is terrible for him. Brashear, Conway and the legislature need to take action to clean the mess created by the 5 in DC. Issue official executive order, call special session - something that is more than 'saying' things.
July 1, 201511 yr Their 'saying' things is official policy and recides dully passed laws? Lets face this fact - Conway wishes this never came down. Politically the timing on this is terrible for him. Brashear, Conway and the legislature need to take action to clean the mess created by the 5 in DC. Issue official executive order, call special session - something that is more than 'saying' things. Executive order should be sufficient. We don't need to pay lawmakers to come back and waste more time and eat more state employee pension. :rage: Anyway a good majority of these clerks are doing this for personal religious feelings not confusion. The ones I watched on the news last night spoke nothing of confusion in the law.
July 1, 201511 yr Drove by the Rowan County courthouse today (long story). I felt obligated to honk in support of the protesters.
July 1, 201511 yr Executive order should be sufficient. We don't need to pay lawmakers to come back and waste more time and eat more state employee pension. :rage: Anyway a good majority of these clerks are doing this for personal religious feelings not confusion. The ones I watched on the news last night spoke nothing of confusion in the law. One of the worst things in the world that could happen to ol' papa.
July 1, 201511 yr Their 'saying' things is official policy and recides dully passed laws? Lets face this fact - Conway wishes this never came down. Politically the timing on this is terrible for him. Brashear, Conway and the legislature need to take action to clean the mess created by the 5 in DC. Issue official executive order, call special session - something that is more than 'saying' things. No but the federal law trumps the state laws. Doesn't matter if KY laws haven't been changed to reflect the SCOTUS ruling. Once the SCOTUS made their ruling, KY laws on the matter became obsolete.
July 1, 201511 yr No but the federal law trumps the state laws. Doesn't matter if KY laws haven't been changed to reflect the SCOTUS ruling. Once the SCOTUS made their ruling, KY laws on the matter became obsolete. It does? Colorado anyone?:idunno:
July 1, 201511 yr It does? Colorado anyone?:idunno: Marijuana is still illegal according to federal law in Colorado. The state law didn't change that. Federal authorities have chosen not to pursue the matter--but they could change their minds at any time.
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