Friday, September 11, 2015

Kentucky clerk Kim Davis again asks for delay on marriage licenses

Kentucky clerk Kim Davis again asks for delay on marriage licenses

"Attorneys for Kim Davis, who objects to gay marriage on religious grounds, argued in their motion to the Sixth Circuit U.S. Court of Appeals 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."

The expansion of the argument is that licenses were issued to all the people who sued her, so her department's legal responsibility has been fulfilled.

I guess that lawyers have to come up with something for their clients, no matter how pathetic, but that seems to me like it may be the worst argument in the history of American jurisprudence, given that anyone else could sue on the same grounds, which have already been upheld as valid.

"U.S. District Court Judge David 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." Even if they were correct, the position is literally just a "delay," since the Supreme Court has already ruled on the matter, so the district court judge's order, even if issued improperly for some reason, will eventually get issued again properly and will thus leave her in the same old predicament. She seems to have no winning legal position either now or in the foreseeable future, but is merely using a stalling tactic which is just wasting the court's time.

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