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If citizens elect a county clerk who refuses to issues marriage licenses and she's not impeached, then doesn't she have approval?
to continue refusing to issue marriage licenses? I'm speaking about the Kentucky county clerk who refuses to issue same-sex marriage licenses, so has decided not to issue any at all to anyone.
18 Answers
- wendy cLv 76 years agoFavorite Answer
Approval of WHO? the voters who elected her? Kind of lost on the legal questions here.
Being elected to any office does not mean that you have authority to ignore the law. Maybe most of her county is against same sex marriage. Her COUNTY is not the entity who decides what the law is/ is not.
It has already been through the highest court in the nation, who issued THEIR RULING. She took an oath of office which will include swearing to uphold the law and the Constitution. She is violating that oath of office,by defiance of the Supreme court. She is now defying a 2nd order from local courts who told her that her argument does NOT FLY.
The sad part is that most persons do not have a clue about the "law firm" who is claiming to represent her. It is called Liberty counsel, and it is a right wing organization whose purpose is anti gay. Their "legal advice" to her is not worth the paper they are scribbling it on. THEY ARE TELLING HER..."this is ok, your rights are being violated", when that is false. She is a pawn.
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your thinking is flawed...
if the "majority" of her county voters "approve" of her denying a marriage licence to Black persons..does that mean she can do so?? OF COURSE NOT.
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would you understand this better.. if YOU walked into the Dept of Motor vehicles and the clerk says their religious beliefs require they can only give a drivers license to someone who is Methodist? No. The clerk does not have that right. Being elected does not allow her that right.
The one who is "lost" here is you.
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"she can't be fired, she was elected"
So were several Governors of Illinois. Being elected didn't keep them from being convicted of crimes and sent to prison. BEING ELECTED DOES NOT ALLOW A PERSON TO BREAK THE LAWS.
- mommanukeLv 76 years ago
I tried to look up duties of county clerks in Kentucky but it was a PDF about 100 pages long. But I did find that they can be impeached for "willful neglect of their duties". Kentucky has no recall process, so the impeachment must go through the courts. As you know, court proceedings take time. It's possible that it is in the works in Kentucky.
- 5 years ago
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- neil sLv 76 years ago
No. The US is a representative republic based on the RULE OF LAW, not a mob rule democracy based on whatever the majority happens to want. The law says same sex marriage is legal, and thus issuing the relevant licenses is part of the job of a court clerk. If his or her religious beliefs keep him or her from doing the job, then removal from the job is the answer.
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- -j.Lv 76 years ago
Her job is to issue marriage licenses to qualifying couples, and not discriminate on the basis of sexual orientation.
If a qualified couple has met the standard for a marriage license but she won't give them one, then she's not doing her job and should be removed for non-performance of her duties.
- RichardLv 56 years ago
She took an oath to uphold the law (local, State and federal) and the Constitution of the United States. Whether or not she is recalled, she is in violation of that oath and refusing to do her job. Violating her oath is a cardinal sin according to the religion she purports to be defending. Not doing her job is grounds for removal. The law is not a popularity contest.
- Anonymous6 years ago
The county clerk who refuses to issues marriage licenses will rightfully be sued and she will lose her job and lots of money.
- ?Lv 66 years ago
You can have approval of the majority and it's still unconstitutional to do so. That's why our constitution is specifically written to give rule to, but avoid the tyranny of the majority.
- Anonymous6 years ago
"Rowan County Clerk, Kim Davis says she prayed and fasted for months before deciding to stop issuing marriage licenses."
she should be working for religious organizations, not government.
- ?Lv 76 years ago
You don't mix your personal believes with your job. You either perform your duties or resign your position.