surreptitious57 wrote:Seth wrote:
As an elected official the most pertinent question is whether the court has the authority to compel her
to do any thing especially something she does not as an elected official believe she has authority to do
The reason why she is refusing to carry out her duty as a public servant is because of her religious belief. However as that public
servant she is obligated to do what she is employed to do regardless of anything else. Otherwise she is in breach of contract and
so could lose her job as a consequence.
That would be true if she were a public
employee. She is not an employee, she is an
elected official. This means that she cannot "lose her job" by any means other than impeachment, a recall election, being replaced at a regular election, or pursuant to some state statute that prescribes specific punishments for non-feasance or malfeasance. As it happens, the Kentucky State Legislature has prescribed certain punishments for refusing to perform duties for certain elected officials in Kentucky and it sets forth the process for removing someone from office for "neglect of duty." It's a formal process and requires, in the case of a county clerk, a bill of impeachment, something that the Kentucky legislature has as yet declined to pursue.
Whether she believes she has the authority to do what is incompatible with her religious belief or not is just an excuse for her not to carry out all her duties to the letter of the law.
Of course it is, pending final adjudication by, ultimately, the Supreme Court of the United States or the Kentucky Supreme Court, neither of which has ruled on her case.
As I said, whether she personally declines to sign a marriage license is not relevant to whether or not gay couples in that county are able to obtain a valid marriage license, so the complaint made by the gay couples involved against this particular individual must first be adjudicated and appealed if that's what is necessary. The question is whether their complaint is ripe for a court decision at all because, as I said, gay couples in Kentucky have no right to demand that a specific person sign their marriage license. Since they can obtain a marriage license from either her deputy clerks or from a county judge/executive, they do not appear to me to have a cause of action against the particular person they wish to coerce and force into signing their wedding license.
If the legislature of Kentucky feels that the gay couples are being denied their rights then the legislature can impeach the county clerk, but it has not done so.
In the meantime, any gay couples who want to obtain a valid marriage license in Kentucky can in fact do so, so the controversy here is entirely manufactured and is part of a radical political agenda by gays to force acceptance of their lifestyle upon those who may disagree with it.
While I have no objections at all to gays being "married" and enjoying all the legal rights that accrue to any married persons, the misuse of the law to attack one particular dissenting individual and pillory her in the press as an example of what happens if you dissent from the gay lifestyle is reprehensible, disgusting and evil and I hope the plaintiffs in this case do rot in hell, if there is a hell, for being complete assholes. They give homosexuals a bad name and they do far more harm to the cause of equal rights for gays than they do advance social acceptance of gays by society, which is NOT something that can be legislated. Persuading society to accept the gay lifestyle does not work when the methods chosen are militant, radical and offensive to the rights of others.
But employees cannot get to decide which parts of their job they want to do and which they do not. They have to do all of it regardless of whether they like it or not
Once again, she's not an "employee" she's an elected official. The distinction is important. While she has duties and obligations, enforcement of her duties and obligations is a complex matter of law.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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