Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Tuesday, September 15, 2015

Kim Davis Says She Won't Authorize Licenses For Gay Couples Issued By Deputies

MOREHEAD, Ky. (AP) — A defiant Kentucky clerk said Monday she will not interfere with her deputies if they keep issuing marriage licenses to same-sex couples, but she declared they will not be authorized by her and questioned their validity.

It was Rowan County Clerk Kim Davis' first day back in the office after a stint in jail for five days for defying a federal judge. Reading a hand-written statement outside the courthouse upon her return, Davis said gay marriage licenses issued by her office would be "unauthorized."

"I want the whole world to know ... If any [deputy clerk] feels that they must issue an unauthorized license to avoid being thrown in jail, I understand their tough choice, and I will take no action against them," she said. "However, any unauthorized license that they issue will not have my name, my title or my authority on it. Instead, the license will state that they are issued pursuant to a federal court order."

Davis said that she's being forced to disobey God since her name is on the gay marriage certificates issued by her office, whether or not she actually signs them.

"I don't want to have this conflict. I don't want to be in the spotlight. And I certainly don't want to be a whipping post," Davis added. "I am no hero. I'm just a person that's been transformed by the grace of God, who wants to work, be with my family. I just want to serve my neighbors quietly without violating my conscience."

Davis, an Apostolic Christian, stopped issuing licenses after the Supreme Court effectively legalized gay marriage. U.S. District Judge David Bunning held her in contempt and ordered her to jail. In her absence, her deputies issued at least seven licenses to gay couples and altered the forms to exclude Davis' name.

The deputy clerk who issued the licenses, Brian Mason, said Monday that will continue to hand out the licenses despite his boss's objections.

The governor, the attorney general and the county attorney have said the licenses are valid. Only Davis and her attorneys claim otherwise.

Davis, who believes gay marriage is a sin, has become a hero to many conservative Christians after she stopped issuing the licenses.

On Friday, Davis' attorneys filed an appeal seeking another delay in issuing licenses.

In their motion to the Sixth Circuit U.S. Court of Appeals, her attorneys argued that all the same-sex couples who sued Davis for a license received one from her deputies while she was in jail. Therefore, they said, her office should not be required to issue them to any more couples once she returns to work.

Bunning wrote that his mandate to issue licenses applied to all couples, not only those who filed suit. But Davis' lawyers allege that order was issued improperly, and again have asked for a delay.

The tension in Rowan County reached fever pitch last week, as protesters, presidential candidates and news crews from across the county descended on the small town of Morehead.

Original Article
Source: huffingtonpost.com/
Author: AP

2 comments:

  1. This article has little to do with democracy. Gay marriage was legalized by unelected judges against the voting rights of Kentuckians. Kim Davis is rebelling against a court order because of her religious beliefs. She might as well. She can't vote according to her religious beliefs.

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    1. I have news for you: the judiciary is an essential part of democracy, as define by the fundamental principle of the separation of powers to the Executive, Legislative, and Judiciary. It is a common mistake to consider the only legitimate decision in a democracy to be those of the elected officials, and it is one of democracy's main strengths that there is no sole source of power. In addition, it is untrue that the courts legalized gay marriage; they simply declared the discrimination against gays with respect to marriage as illegal according to the US constitution, and specifically the principle of equality. Kim Davis is not a rebel but a homophobic bigot, since no one is trying to oppress her right to practice her beliefs but rather prevent her beliefs from depriving others of what non-gay people take for granted, namely the right to marry, by mutual consent, the one we love. Also, she is certainly allowed to vote according to whatever she chose to; she is also obliged to act within the boundaries set by elected official even if they are not the ones she voted for, and she is certainly allowed to protest any action and decision she opposes. What she is prevented from is simply the right to act unilaterally, regardless of the society around her.

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