Jailed Clerk Kim Davis Just Presented A 'Remedy' That Could Fix The Situation For Everyone
Judge Bunning in ordering the imprisonment of Davis stated that: “The court cannot condone the willful disobedience of its lawfully issued order.” He further explained that the clerk’s good-faith belief is “simply not a viable defense,” dismissing her appeal to God’s moral law and freedom of conscience. “The idea of natural law superseding this court’s authority would be a dangerous precedent indeed,” he said.
Previous comments... You are currently on page 12.
One news account of her hearing stated, "In court documents filed Wednesday, her attorneys argue that she shouldn't be held in contempt. Instead, they argued, there are alternatives that would allow couples to get marriage licenses in Rowan County without going against Davis' religious beliefs. Among the options they offered were allowing other officials to issue marriage licenses in the county, distributing marriage licenses at the state level or changing marriage license forms to remove Davis' name." http://www.cnn.com/2015/09/03/politic...
Despite the other legal options that could have satisfied the ultimate civil rights goals of both the Court Clerk and the gay petitioners, the Federal Judge jailed the clerk for civil contempt UNTIL she agreed to affix her signature on the documents.
The highest ethical calling for any judge and best practice in the pursuit of civil justice in a case such as this one is served by making every endeavor to find a lawful and acceptable solution which protects the civil rights of all parties involved and not defaulting to Draconian measures. This Federal judge was throwing his weight around--just because he could. May not frighten some of you people but it frightens the hell out of me--especially the concept of indefinite imprisonment for non-violent civil contempt of court, contempt being determined solely by ONE individual.
I think it was John Grisham who made the pithy joke that the Statue of Justice is blindfolded because she can't bear to look at what judges and lawyers actually do to The Law.
That sounds bogus to me. They could fire her and run an ad just as you would in any case of employee insubordination. If this happened in private sector it would be resolved within 24 hours.
I have known of several electronics people who risked their jobs because they refused to ship boards used in medical applications that had known flaws. One guy lost his job. They didn't go to jail.
Objecting to something your boss wants you to do is normal. They should resign or be fired and go to work somewhere doing something they believe in.