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	Comments on: A note on Kentucky county clerk Kim Davis	</title>
	<atom:link href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Tue, 08 Sep 2015 16:45:14 +0000</lastBuildDate>
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		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327261</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Tue, 08 Sep 2015 16:45:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327261</guid>

					<description><![CDATA[I wince when I see the Left trying to attack Ms. Davis on her religious convictions. You cannot win any argument by doing that.

It&#039;s a simple matter of a person who has a job to do, and refusing to do it, complicated by the fact she&#039;s an elected official.]]></description>
			<content:encoded><![CDATA[<p>I wince when I see the Left trying to attack Ms. Davis on her religious convictions. You cannot win any argument by doing that.</p>
<p>It&#8217;s a simple matter of a person who has a job to do, and refusing to do it, complicated by the fact she&#8217;s an elected official.</p>
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		<title>
		By: rick		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327228</link>

		<dc:creator><![CDATA[rick]]></dc:creator>
		<pubDate>Mon, 07 Sep 2015 05:11:01 +0000</pubDate>
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					<description><![CDATA[I once worked for Aerovironment Inc. They are a military contractor. I am morally disgusted that they make products that spy on people and kill people. EVEN THE &quot;Enemy&quot;. Its wrong to kill. I believe christians call it THE SIXTH COMMANDMENT. I ended up getting very physically ill and while I was on disability, they &quot;Asked me to leave or come back to work immediately&quot; even against doctors orders. I made a choice. I could have gone back... but I left. I dont have the money for fancy lawyers such as the object of our discussion. And I did not make a big ta-do about it. And not once did I try to make them stop killing people because it is against my own moral code. I ended up working for a company that makes oncology capital equipment. &quot;CyberKnife&quot; if any of you are unfortunate to have cancer or know someone that does. My dad passed away from brain cancer while I worked there. I have since met many people who have been treated with a product that I contributed to, and they thanked me over and over. Much more rewarding than killing people. I made a moral decision, so can she. So can YOU! (Everyone)]]></description>
			<content:encoded><![CDATA[<p>I once worked for Aerovironment Inc. They are a military contractor. I am morally disgusted that they make products that spy on people and kill people. EVEN THE &#8220;Enemy&#8221;. Its wrong to kill. I believe christians call it THE SIXTH COMMANDMENT. I ended up getting very physically ill and while I was on disability, they &#8220;Asked me to leave or come back to work immediately&#8221; even against doctors orders. I made a choice. I could have gone back&#8230; but I left. I dont have the money for fancy lawyers such as the object of our discussion. And I did not make a big ta-do about it. And not once did I try to make them stop killing people because it is against my own moral code. I ended up working for a company that makes oncology capital equipment. &#8220;CyberKnife&#8221; if any of you are unfortunate to have cancer or know someone that does. My dad passed away from brain cancer while I worked there. I have since met many people who have been treated with a product that I contributed to, and they thanked me over and over. Much more rewarding than killing people. I made a moral decision, so can she. So can YOU! (Everyone)</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327184</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Sat, 05 Sep 2015 00:31:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327184</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327148&quot;&gt;Scott Jacobs&lt;/a&gt;.

Um, the Constitution that once sanctioned the punishment of consensual sodomy with death now, in the absence of amendment demands that society recognize relationships wherein sodomy is practiced.

I&#039;m not religious in the slightest, and I am a lifelong urban dweller so the SSM thing isn&#039;t an issue for me at all.  But the Supreme Court&#039;s decision is naked ipse dixit. When power to say so becomes the Court&#039;s calling card, it cannot complain when others do what they can to thwart judicial overreach.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327148">Scott Jacobs</a>.</p>
<p>Um, the Constitution that once sanctioned the punishment of consensual sodomy with death now, in the absence of amendment demands that society recognize relationships wherein sodomy is practiced.</p>
<p>I&#8217;m not religious in the slightest, and I am a lifelong urban dweller so the SSM thing isn&#8217;t an issue for me at all.  But the Supreme Court&#8217;s decision is naked ipse dixit. When power to say so becomes the Court&#8217;s calling card, it cannot complain when others do what they can to thwart judicial overreach.</p>
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		<title>
		By: John Rohan		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327180</link>

		<dc:creator><![CDATA[John Rohan]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 20:45:42 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327166&quot;&gt;Walter Olson&lt;/a&gt;.

I&#039;m sorry but look at the comments that accompany that piece. Jonathan Adler&#039;s reasoning is nonsense, because he is only looking at one aspect of what sanctuary cities do (refuse to enforce immigration laws). What else do they do? For one thing, he skips the part where most of them are regularly in violation of 8 U.S. Code § 1324 - harboring and aiding illegal aliens: https://www.law.cornell.edu/uscode/text/8/1324 

Some sanctuary cities have gone so far as to openly HIRE illegal immigrants for city jobs!

http://losangeles.cbslocal.com/2015/08/04/tempers-flare-when-huntington-park-appoints-2-undocumented-immigrants-to-city-commissions/]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327166">Walter Olson</a>.</p>
<p>I&#8217;m sorry but look at the comments that accompany that piece. Jonathan Adler&#8217;s reasoning is nonsense, because he is only looking at one aspect of what sanctuary cities do (refuse to enforce immigration laws). What else do they do? For one thing, he skips the part where most of them are regularly in violation of 8 U.S. Code § 1324 &#8211; harboring and aiding illegal aliens: <a href="https://www.law.cornell.edu/uscode/text/8/1324" rel="nofollow ugc">https://www.law.cornell.edu/uscode/text/8/1324</a> </p>
<p>Some sanctuary cities have gone so far as to openly HIRE illegal immigrants for city jobs!</p>
<p><a href="http://losangeles.cbslocal.com/2015/08/04/tempers-flare-when-huntington-park-appoints-2-undocumented-immigrants-to-city-commissions/" rel="nofollow ugc">http://losangeles.cbslocal.com/2015/08/04/tempers-flare-when-huntington-park-appoints-2-undocumented-immigrants-to-city-commissions/</a></p>
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		<title>
		By: &#34;Are you showing contempt for this court?&#34; &#34;No, I&#039;m doing my best to hide it.&#34; - Overlawyered		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327173</link>

		<dc:creator><![CDATA[&#34;Are you showing contempt for this court?&#34; &#34;No, I&#039;m doing my best to hide it.&#34; - Overlawyered]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 18:30:02 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327173</guid>

					<description><![CDATA[[&#8230;] attitude but Kentucky clerk Kim Davis can&#8217;t, as I explain in my (revised and expanded from last night&#8217;s post here) post at Cato. First [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] attitude but Kentucky clerk Kim Davis can&#8217;t, as I explain in my (revised and expanded from last night&#8217;s post here) post at Cato. First [&#8230;]</p>
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		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327170</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 17:12:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327170</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165&quot;&gt;Shtetl G&lt;/a&gt;.

&quot;I do not recall Gavin Newsom going to jail or being held in contempt for handing out illegal marriage licenses to Gays and Lesbians against both State and Federal laws at the time.&quot;

Because he actually stopped when the court ordered him to.  

Ms. Davis is in jail for contempt of court because she has defied a court order.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165">Shtetl G</a>.</p>
<p>&#8220;I do not recall Gavin Newsom going to jail or being held in contempt for handing out illegal marriage licenses to Gays and Lesbians against both State and Federal laws at the time.&#8221;</p>
<p>Because he actually stopped when the court ordered him to.  </p>
<p>Ms. Davis is in jail for contempt of court because she has defied a court order.</p>
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		<title>
		By: Richard		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327169</link>

		<dc:creator><![CDATA[Richard]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 17:10:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327169</guid>

					<description><![CDATA[Gavin Newsom&#039;s legal position was that the United States Constitution forbade refusing marriage licenses to same-sex couples.  As the Constitution is controlling law, his actions were lawful if his interpretation of the Constitution was correct.  The Supreme Court has now, basically, said it was.  Religious texts, however, are not controlling law in the United States whether they ultimately turn out to be correct or not.]]></description>
			<content:encoded><![CDATA[<p>Gavin Newsom&#8217;s legal position was that the United States Constitution forbade refusing marriage licenses to same-sex couples.  As the Constitution is controlling law, his actions were lawful if his interpretation of the Constitution was correct.  The Supreme Court has now, basically, said it was.  Religious texts, however, are not controlling law in the United States whether they ultimately turn out to be correct or not.</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327168</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 16:55:23 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327168</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165&quot;&gt;Shtetl G&lt;/a&gt;.

This is different from sanctuary cities and handing out marriage licenses because, here, there was a court order.  If Newsom had violated a court order or had the cities taken action that was precluded by a court order, then your comparison would stand.

Furthermore, sanctuary cities were and are under no obligation to enforce federal laws.  

That said, this is a form of civil disobedience and Davis should be forced to face the consequences.  I see the most similar comparison to be the lunch counter demonstrations in the mid 20th century.  Those brave folks were willing to take the consequences of breaking what they thought were unjust laws.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165">Shtetl G</a>.</p>
<p>This is different from sanctuary cities and handing out marriage licenses because, here, there was a court order.  If Newsom had violated a court order or had the cities taken action that was precluded by a court order, then your comparison would stand.</p>
<p>Furthermore, sanctuary cities were and are under no obligation to enforce federal laws.  </p>
<p>That said, this is a form of civil disobedience and Davis should be forced to face the consequences.  I see the most similar comparison to be the lunch counter demonstrations in the mid 20th century.  Those brave folks were willing to take the consequences of breaking what they thought were unjust laws.</p>
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		<title>
		By: mx		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327167</link>

		<dc:creator><![CDATA[mx]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 16:51:11 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327167</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165&quot;&gt;Shtetl G&lt;/a&gt;.

A little history: after Newsom and the County Clerk started issuing marriage licenses to same-sex couples (because, according to them, they believed they were violating discrimination law by not doing so, a position that was later actually vindicated in the courts), both the California AG and taxpayer groups sued to stop it. About a month later, the California Supreme Court issued a stay ordering the City to stop issuing licenses to same-sex couples. Importantly, and here&#039;s where the case differs radically from Kim Davis, they all complied with the order and stopped. A court later voided the resulting marriages as illegal. The City continued with its lawsuit to argue for gay marriage, just as Davis is welcome to continue to fight for her position in court, but they never blatantly refused to obey a court order, which is what&#039;s happened here.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327165">Shtetl G</a>.</p>
<p>A little history: after Newsom and the County Clerk started issuing marriage licenses to same-sex couples (because, according to them, they believed they were violating discrimination law by not doing so, a position that was later actually vindicated in the courts), both the California AG and taxpayer groups sued to stop it. About a month later, the California Supreme Court issued a stay ordering the City to stop issuing licenses to same-sex couples. Importantly, and here&#8217;s where the case differs radically from Kim Davis, they all complied with the order and stopped. A court later voided the resulting marriages as illegal. The City continued with its lawsuit to argue for gay marriage, just as Davis is welcome to continue to fight for her position in court, but they never blatantly refused to obey a court order, which is what&#8217;s happened here.</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2015/09/a-note-on-kentucky-county-clerk-kim-davis/comment-page-1/#comment-327166</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Fri, 04 Sep 2015 15:33:21 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=55031#comment-327166</guid>

					<description><![CDATA[Jonathan Adler on the sanctuary city comparison: 

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/why-kim-daviss-refusal-to-issue-same-sex-marriage-licenses-is-legally-different-from-a-sanctuary-citys-refusal-to-cooperate-with-federal-immigration-law/

There are good reasons to criticize the sanctuary city notion, but &quot;it&#039;s just like violating a court order&quot; isn&#039;t one of them.]]></description>
			<content:encoded><![CDATA[<p>Jonathan Adler on the sanctuary city comparison: </p>
<p><a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/why-kim-daviss-refusal-to-issue-same-sex-marriage-licenses-is-legally-different-from-a-sanctuary-citys-refusal-to-cooperate-with-federal-immigration-law/" rel="nofollow ugc">https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/09/02/why-kim-daviss-refusal-to-issue-same-sex-marriage-licenses-is-legally-different-from-a-sanctuary-citys-refusal-to-cooperate-with-federal-immigration-law/</a></p>
<p>There are good reasons to criticize the sanctuary city notion, but &#8220;it&#8217;s just like violating a court order&#8221; isn&#8217;t one of them.</p>
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