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Kim Davis Files Emergency Motion: Issuing Licenses To Gays Would ‘Irreparably’ Burden Her Conscience

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It’s taken a whole week but attorneys for Kentucky clerk Kim Davis have finally filed an “emergency” motion with the 6th Circuit. Now, let’s take a look at the ridiculous arguments they’re making.

One week ago Wednesday, U.S. District Judge David Bunning ruled Rowan County, Kentucky clerk Kim Davis had to issue marriage licenses to same-sex couples. Davis has refused and her office has turned away several same-sex and different-sex couples.

Yesterday, Judge Bunning put an expiration date on a temporary hold he placed on his ruling, allowing Davis time to file an appeal with the 6th Circuit. And finally, yesterday, after waiting a week while she refused to issue marriage licenses, Davis’ attorneys at Liberty Counsel filed an emergency motion.

That motion asks the 6th Circuit to stay Judge Bunning’s ruling ordering her to issue marriage licenses to all couples, regardless of gender.

And it’s is a doozy.

Despite the U.S. Supreme Court ruling that finds no intrinsic difference in marriages between same-sex and different-sex couples, Liberty Counsel actually insists on continuing to use scare quotes around the word “marriage” when it is preceded by the words “same-sex.” It’s a desperate and juvenile act of defiance.

In the motion (below) Liberty Counsel claims a marriage license issued to a same-sex couple by or under Davis’ name would “substantially and irreparably” burden Davis’ “conscience and deeply-held, sincere religious beliefs which dictate to Davis that such unions are not and cannot be ‘marriage.'”

That, of course is the perfect argument – for Davis to honorably resign. 

Calling it a “searing act” that “would forever echo in her conscience,” Liberty Counsel also claims that if Davis is forced to sign her name to a marriage license of a same-sex couple, “there is no absolution or correction that any earthly court can provide to rectify it.”

Again, that, of course is the perfect argument – for Davis to honorably resign.  

Liberty Counsel, which appears on the Southern Poverty Law Center’s list of anti-gay hate groups, also takes a swipe at same-sex marriage, suggesting that that Davis’ rights are superior to, and come before, the rights of gay people. 

“Davis’ individual liberties are enumerated” in the state and federal constitutions, Liberty Counsel states, while suggesting the right to marriage for same-sex couples is not found directly in the U.S. Constitution but “emanates” from it.

And Liberty Counsel continues, stating that Davis’ rights “are natural liberties tied to religious beliefs that are measured in millennia (not weeks.)” 

In short, Liberty Counsel makes clear Davis has no intention or desire to be or act as a public servant.

And that, of course is the perfect argument – for Davis to honorably resign. 

 

Image: protest against Kim Davis. Photo by Mike Wynn via Twitter

 

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Pete Buttigieg Nails Trump for His Ugly Comments About Wounded Vets

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During his Sunday morning appearance on CNN’s “State of the Union,” Transportation Secretary Pete Buttigieg called out Donald Trump over reports he told military leaders he didn’t want wounded vets to be seen by the public while he was president.

In a recent Atlantic profile of General Mark Milley, the retiring military office recounted the former president telling him “no one wants to see” wounded soldiers, with Milley adding he found Trump’s attitude to those serving their country “superficial, callous, and, at the deepest human level, repugnant.”

Buttigieg, who served in Afghanistan during his 8 years while in the Naval Reserve, was asked by CNN host Dana Bash about the former president’s apparent distaste for service members.

“I want to ask you about a new Atlantic profile that says that then President Trump complained to Chairman of the Joint Chiefs of Staff Mark Milley after an Army veteran who lost a leg in combat sang at an event at the Pentagon,” Bash prompted her guest. “Trump reportedly told Milley, ‘Why do you bring people like that here, no one wants to see that, the wounded.'”

“After that article came out, Trump attacked Milley on social media, kind of a rambling post, but suggested that milley deserved the death penalty. You’re a veteran– what’s your response?” she asked.

“It’s just the latest in a pattern of outrageous attacks on the people who keep the country safe,” the Biden administration official replied.

POLL: Should Trump be allowed to run for office?

After pointing to fellow vets who suffered horrific injuries, he added, “These are the kind of people that deserve respect and a hell of a lot more than that from every American, and definitely from every American president.”

“And the idea that an American president, the person to whom service members look at as a commander in chief, and the person who sets the tone for this entire country could think that way or act that way or talk that way about anyone in uniform, and certainly about those who put their bodies on the line and sacrificed in ways that most Americans will never understand, and I guess wounded veterans make president Trump feel uncomfortable.”

Watch below or at the link.

 

 

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‘Scared to Death’: Trump’s Prison Panic Admission Means He Knows He’s Doomed Says Legal Expert

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Reacting to a report that Donald Trump has been quizzing his attorneys about what type of prison he likely will be sent to, former federal prosecutor Glenn Kirschner stated that is not only an indication that he knows he’s going to be convicted but also an admission of guilt.

Speaking with MSNBC host Jonathan Capehart, the attorney was asked about a recent Rolling Stone report about Trump’s prison panic.

As Rolling Stone reported, Trump asked if he’s “be sent to a ‘club fed’ style prison — a place that’s relatively comfortable, as far these things go — or a ‘bad’ prison? Would he serve out a sentence in a plush home confinement? Would government officials try to strip him of his lifetime Secret Service protections? What would they make him wear, if his enemies actually did ever get him in a cell — an unprecedented set of consequences for a former leader of the free world.”

POLL: Should Trump be allowed to run for office?

According to the attorney, Trump is revealing himself by asking for so many details.

“What does this tell you about Trump’s mindset?” host Capehart asked.

“It tells me he is scared to death” Kirschner quickly answered. “It tells me he has overwhelming consciousness of guilt because he knows what he did wrong and he knows he is about to be held accountable for his crimes. So it is not surprising that he is obsessing.”

“If he was confident that he would be completely exonerated, would he have to obsess about what his future time in prison might look like?” he suggested. “I think the last refuge for Donald Trump can be seen in a recent post where he urged the Republicans to defund essentially the prosecutions against him. which, to this prosecutor, Jonathan, smells a lot like an attempt to obstruct justice.”

Watch below or at the link.

 

Image via Shutterstock

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‘Vulgar and Lewd’: Trump Judge Cites Extremist Group to Allow Drag Show Ban

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A federal judge in Texas known for a ruling that attempted to ban a widely-used abortion drug is citing an extremist anti-LGBTQ group in his ruling allowing a ban on drag shows to stay in place.

U.S. District Judge Matthew Kacsmaryk, a former attorney for an anti-LGBTQ conservative Christian legal organization, and a member of the Federalist Society, in his 26-page ruling dated Thursday cited the “About” page of Gays Against Groomers to claim, “it’s unclear how drag shows unmistakably communicate advocacy for LGBT rights.”

Judge Kacsmaryk, appointed by Donald Trump twice before finally assuming office in 2019, suggests the First Amendment does not provide for freedom of expression for drag shows, calls drag “sexualized conduct,” and says it is “more regulable” because “children are in the audience.”

READ MORE: ‘The Public Deserves to Know’: Abortion Pill Banning Judge Redacted Details About Millions of Dollars in His Stock Portfolio

Slate’s Mark Joseph Stern adds, “Kacsmaryk’s conclusion that drag is probably NOT protected by the First Amendment conflicts with decisions from Texas, Florida, Tennessee, and Montana which held that drag is constitutionally protected expression. It also bristles with undisguised hostility toward LGBTQ people.”

Calling the judge “a proud Christian nationalist who flatly refuses to apply binding Supreme Court precedent when it conflicts with his extremist far-right beliefs,” Stern at Slate writes that Kacsmaryk ruled drag “may be outlawed to protect ‘the sexual exploitation and abuse of children.’ In short, he concluded that drag fails to convey a message, while explaining all the reasons why he’s offended by the message it conveys.”

Stern does not let Kacsmaryk off the hook there.

“From almost any other judge, the ruling in Spectrum WT v. Wendler would be a shocking rejection of basic free speech principles; from Kacsmaryk, it’s par for the course. This is, after all, the judge who sought to ban medication abortion nationwide, restricted minors’ access to birth control, seize control over border policy to exclude asylum-seekers, and flouted recent precedent protecting LGBTQ+ equality,” Stern says.

READ MORE: Far-Right Judge Under Fire for Failing to Disclose Interviews on Civil Rights – but LGBTQ Community Had Warned Senators

“He is also poised to bankrupt Planned Parenthood by compelling them to pay a $1.8 billion penalty on truly ludicrous grounds. And he is not the only Trump-appointed judge substituting his reactionary beliefs for legal analysis. We have reached a point where these lawless decisions are not only predictable but inevitable, and they show no sign of stopping: Their authors are still just settling into a decadeslong service in the federal judiciary.”

West Texas A&M University President Walter V. Wendler penned the letter that sparked the lawsuit.

Titled, “A Harmless Drag Show? No Such Thing,” Wendler wrote: “I believe every human being is created in the image of God and, therefore, a person of dignity. Being created in God’s image is the basis of Natural Law. James Madison and Thomas Jefferson, prisoners of the culture of their time as are we, declared the Creator’s origin as the foundational fiber in the fabric of our nation as they breathed life into it. Does a drag show preserve a single thread of human dignity? I think not.”

Journalist Chris Geidner concludes, “It’s an extremely biased ruling by a judge who has established that he does not care about being overturned — even by the most conservative appeals court in the nation.”

READ MORE: ‘Corruption of the Highest Order’: Experts ‘Sickened’ at ‘Definitely Bought’ Clarence Thomas and His ‘Pay to Play’ Lifestyle

 

 

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