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Kim Davis’ Personal Religion-Based Refusal to Issue Marriage Licenses to Same-Sex Couples Just Cost Taxpayers $225,000

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Same-Sex Couple Who Were Refused License Wins Federal Court Decision

It was two years ago, just two weeks after the Supreme Court ruled same-sex couples have a constitutional right to marry, when David Ermold and David Moore tried to obtain a marriage license. July 7, 2015. They were refused by Rowan County, Kentucky clerk Kim Davis, who said she was acting “under God’s authority.”

The couple’s viral video kicked off a nationwide discussion pitting religious right activists against those who support the constitutional guarantee of equal protection and the freedom to marry. 

David Ermold and David Moore, known as “the Davids,” later that year obtained a marriage license, elsewhere, and were finally wed.

On Friday they won another victory. They will not be forced to pay legal fees of $225,000, caused when Davis repeatedly refused to issue them a marriage license. The Rowan County clerk had claimed doing so would violate her deeply held religious beliefs.

U.S. District Judge David Bunning jailed Davis for six days but she refused to relent, and was freed in a theatrical event during which then-presidential candidate Mike Huckabee swooped in.

While Ermold and Moore will not have to fork over hundreds of thousands of dollars, neither will Kim Davis, who is still the Rowan County clerk.

According to Kentucky.com, the State of Kentucky will pay the legal fees for Davis’ personal decision to not execute the functions of her job.

Judge Bunning “rejected holding Davis personally responsible for the debt because, he said, the couples prevailed against her in her ‘official capacity’ as a public official,” the paper adds.

“Davis represented the Commonwealth of Kentucky when she refused to issue marriage licenses to legally eligible couples. The buck stops there,” Bunning wrote Friday morning. 

“The plaintiffs prevailed by every measure of victory,” Bunning wrote. “Plaintiffs obtained marriage licenses that could not be revoked. And two of the plaintiff-couples married on those licenses. That is enduring relief. There is nothing more the court could do.”

Davis’ attorneys at Liberty Counsel, an anti-gay hate group, will appeal Judge Bunning’s decision, even though their client is not responsible for the fees.

“It is unfortunate that Kentucky taxpayers will likely bear the financial burden of the unlawful actions and litigation strategies of an elected official, but those same voters are free to take that information into account at the ballot box,” William Sharp, legal director for the ACLU of Kentucky, told Kentucky.com.

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Right Wing Evangelicals Are ‘Marinating’ in ‘Information Aimed at Making Them Fearful, Hostile’: Journalist

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Evangelical support for former President Donald Trump, despite his own lack of devout faith, is no accident, author Tim Alberta told former CNN anchor Brian Stelter in an interview for Vanity Fair.

Rather, he argued, it is part of a deliberate campaign to radicalize and terrify them into loyalty — and part of what’s driving that is a “disproportionality crisis” of the information they are receiving.

““If you go to church on Sunday morning, you are going to be in the word with your pastor for, you know, 30 minutes, maybe 40, 45 minutes, and you sing some songs, and you say the prayers, and then you are out in the world for the rest of the week,” said Alberta. “And for most of these folks, as they’re out in the world, they are marinating in talk radio, in cable news, in social media—all of this information that is aimed at making them angry, fearful, hostile.”

Whereas they may hear Jesus’ message of tolerance, love, and forgiveness “on Sunday morning for 45 minutes, but then for 4, 5, 6, 10 hours during the week, you’re hearing the exact opposite. And it’s that ratio being so far out of whack that I think is really at the heart of the crisis here.”

And that’s assuming they’re at a church that will even give them messages of love and forgiveness in the first place — many pro-Trump pastors, like Greg Locke of Tennessee, have messages that are far angrier.

“[Trump] may not share their views, he may not sit in the pews with them, he may not read the good book like they do, but in some way, that’s his superpower,” Alberta explained. “He is free to fight in ways that are, you know, unrestrained, unmoored from biblical virtue. And that relationship with Trump has obviously evolved over the last eight years. What started as this very uneasy alliance for a lot of evangelicals with Trump has now morphed into this situation where, look, desperate times call for desperate measures. The barbarians are at the gates and we need a barbarian to keep them at bay.” This means that Trump’s increasingly dictatorial rhetoric is a natural outlet for the rage and frustration these evangelical voters are being fed.

None of this is to say that Trump has completely unified the evangelical world. Cracks have appeared in recent months, with prominent evangelical leaders like Bob Vander Plaats of Iowa endorsing Florida Gov. Ron DeSantis out of concern about Trump’s electoral viability.

 

Editor’s note: Tim Alberta is an award-winning g journalist, a staff writer for The Atlantic, and author of “The Kingdom, the Power, and the Glory: American Evangelicals in an Age of Extremism,” and “American Carnage: On the Front Lines of the Republican Civil War and the Rise of President Trump.”

 

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News

‘Straight Up Flout the Law’: Trump Declares Judge Chutkan No Longer Has Power Over His Case

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Reacting to U.S. District Court Judge Tanya Chutkan’s ruling last week that Donald Trump is not immune from prosecution just because he was President during the time he attempted to subvert the U.S. Constitution and overthrow the government by overturning the results of the election, attorneys for the criminally-indicted ex-president on Thursday declared the judge no longer has any power over the case while they appeal her ruling.

Noting that the appeal “could take weeks or months,” Politico reports, “In the meantime, he says, Chutkan must postpone all deadlines and cede her authority over the matter.”

“Citing ‘political costs to President Trump and this country’ if the case were to move forward, Trump’s lawyers argued Thursday that he’s entitled to an ‘automatic stay’ while he appeals Chutkan’s ruling last week.”

Trump’s appeal to the D.C. Circuit Court of Appeals is “asking that court to overturn Chutkan’s ruling and dismiss the indictment against him,” Forbes adds.

READ MORE: House Republican’s Bill Aims to Put LGBTQ Children in Adoption and Foster Care at Risk

Trump had also argued that he is immune from prosecution because the Senate did not convict him after his second House impeachment, this one for “incitement of insurrection.” Judge Chutkan also denied that claim.

“’The filing of President Trump’s notice of appeal has deprived this Court of jurisdiction over this case in its entirety pending resolution of the appeal,’ Trump attorneys Todd Blanche and John Lauro wrote. ‘Therefore, a stay of all further proceedings is mandatory and automatic,'” Politico reports. “Trump’s attorneys indicated that even if Chutkan doesn’t grant the stay, they plan to ask the D.C. Circuit Court of Appeals to do so and intend to operate as if there is one in place.”

Trump lawyers say unless Chutkan reverses her ruling, they will ignore all deadlines and other court procedures, unless they are told otherwise.

The Trump lawyers’ motion says, “all current deadlines must be held in abeyance until, at minimum, this motion is resolved. President Trump will proceed based on that understanding and the authorities set forth herein absent further order of the Court.”

READ MORE: ‘Dystopian’: Potential Trump Cabinet Picks Send ‘5-Alarm’ Shock Waves of Terror

“Very much in character,” The Economist’s Supreme Court reporter Steven Mazie wrote of the move by attorneys for the ex-president. “Trump is purporting to straight up flout the law.”

Former U.S. DOJ official and FBI General Counsel Andrew Weissman, a professor of law, said Trump was acting “Impudently.”

Former federal prosecutor Dennis Aftergut, of counsel to Lawyers Defending American Democracy, on Monday at Slate wrote Judge Chutkan’s opinion ruling Trump cannot claim presidential immunity for trying to overturn the 2020 election, “is meticulously crafted with the Supreme Court in mind. The decision deploys every methodology of constitutional interpretation, including textualism, each variety of so-called originalism, attention to constitutional structure and underlying premises, functional considerations, and history.”

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OPINION

House Republican’s Bill Aims to Put LGBTQ Children in Adoption and Foster Care at Risk

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In September, the Biden administration’s Dept. of Health and Human Services announced new proposed rules to protect LGBTQ youth in foster care or adoption agencies, and included the basic requirement that any child who identifies as LGBTQI+ be placed in a supportive environment, “free of hostility, mistreatment, or abuse.”

Now, a far-right MAGA Republican Congressman, Jim Banks of Indiana who is running for the U.S. Senate, has proposed legislation that could harm not just LGBTQI+ kids but all children awaiting foster care or adoption, by stripping federal funding from agencies that abide by the Biden administration’s protections for those children.

Rep. Banks is a far right-wing extremist who forged multiple congressional documents sent to federal agencies and voted to not certify the 2020 election. He is also an anti-LGBTQ activist and anti-science climate change denier who opposes a woman’s right to choose, Obamacare, and same-sex marriage.

“For too long,” the Dept. of Health and Human Services said in its announcement, “LGBTQI+ children have faced significant disparities in the child welfare system. LGBTQI+ youth are overrepresented in foster care, but face worse outcomes, including poor mental health, higher rates of homelessness, and discrimination just because of who they are in some foster care settings.”

READ MORE: ‘Dystopian’: Potential Trump Cabinet Picks Send ‘5-Alarm’ Shock Waves of Terror

“LBGTQI+ children often have unique needs and deserve care that affirms their identities,” HHS noted, stating its proposed rule “would require that child welfare agencies ensure that each child in their care who identifies as LGBTQI+ receive a safe and appropriate placement and services that help them thrive.”

It would also “protect LGBTQI+ youth by placing them in environments free of hostility, mistreatment, or abuse based on the child’s LGBTQI+ status,” and “would require that caregivers for LGBTQI+ children are properly and fully trained to provide for the needs of the child related to the child’s self-identified sexual orientation, gender identity, and gender expression.”

Fox News reports, “Banks’ bill, the Sensible Adoption for Every (SAFE) Home Act, would prevent child welfare agencies and related groups that receive federal funding from getting those funds if they refuse prospective parents who insist against the child’s stated LGBTQ status.”

That means parents could foster a 14-year old girl or boy who identifies as lesbian, bisexual, or gay and force they to say they are straight. They could adopt a 15-year old transgender boy, block him from any medication or counseling he might have been receiving, and force him to wear clothing that does not conform to his gender identity. Depending on state law, they could force an LGBTQI+ child into dangerous so-called conversion therapy that has been likened tom torture.

Congressman Banks told Fox News the “Biden administration is cruelly preventing countless children in the foster care and adoption system from going to loving homes just because parents are opposed to irreversible sex change procedures on kids,” falsely suggesting all LGBTQI+ kids are transgender and falsely suggesting all gender-affirming care involves “irreversible sex change procedures.”

“This isn’t a liberal or conservative issue. This is just plain wrong, and every sane person knows it,” Banks added.

READ MORE: ‘Does America Need More God?’: Mike Johnson Laments LGBTQ High School Kids

 

 

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