Social Question

Dutchess_III's avatar

Can Kim Davis fire her deputies if they continue to hand out marriage licensees to same sex partners?

Asked by Dutchess_III (47069points) September 13th, 2015

If she’s the highest rank in her office, and reports only to the citizens of the county, what is to stop her from firing her current deputies and hiring ones who will do her bidding?

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38 Answers

SQUEEKY2's avatar

The law??
I would think they would have legal recourse to come back at her or the county.
Religious extreme fanatics impress me less than the Political ones, must install their views on the world type thing makes me want to barf.
Then in the same breath will spin around and boast they live in the best FREE country on earth, really whats so fucking free when you push your views are the only ones that count type thing?

msh's avatar

A couple of scenarios comes to mind for this…

- she’s trying to get to share the ticket with Donald Trump. She loves tea, and all it represents.

- she wants to have the Supreme Court tell her: No No Bad Dog! for her name to be on the docket records for all eternity- or at least until the Second Coming wipes out everybody she knows.

- her ‘15 minutes of fame’ weren’t enough for her.

- she isn’t allowed in her faith to walk on water ( she’s a girl ) so she’ll settle for wading on other people’s rights.

- she likes all the new clothes n’stuff she has been sent by the true believers, religious groups, and any other fringe gathering with that dull axe to grind. The Lady’s Auxiliary sent her the coolest blender!

- she wishes to head up the Religious Zealots Criminal List, put out by the FBI. She has the bestest picture taken by the press for them to use! Dressed in clothes also sent over from The Ladies Auxiliary for such an honor.

- she always wanted to be a poster child, now she wants her face on the first class stamp also…..

Dutchess_III's avatar

I think you meant to put that post in another question, @msh.

chyna's avatar

I’m not sure, but she wouldn’t fire her son, who is one of the deputies and agrees with her in not putting his name on the marriage license. I wonder why he is allowed to work in the same department as his mother and she be his boss. I would think that would be against the rules.

Dutchess_III's avatar

I would think so too.

kritiper's avatar

No, I don’t think so. That would be blatant discrimination because they didn’t agree with her theology.

Cruiser's avatar

She has the right to defend her own religious convictions but she cannot and should not force them upon anyone else especially those she may supervise at work.

elbanditoroso's avatar

Interesting question.

Even though she is elected, her employees are not; they were hired through the County personnel apparatus, and would presumably have access to that same apparatus – grievance, personnel department, arbitration, and so on, that any employee does. Government human resources departments are usually pretty clear on the law.

But assuming she tried, the real question is – can she even fire someone who is obeying the law? If she tells her people not to issue licenses, she is disobeying the law. So can she fire them for failure to do an illegal act? I seriously doubt it.

(and this would be the case whether it was marriage licenses or fishing permits)

ragingloli's avatar

If she did, I can virtually guarantee that conservatives would defend her, and demonise the fired employees, for “shoving their beliefs down her throat”.

Jaxk's avatar

She’s not trying to fire anyone. She just doesn’t want her name on the marriage license. This is not a liberal vs Conservative thing, it’s a religious thing. There are more conservatives admonishing her than there are supporting her. Hell, she’s a Democrat for Christ’s sake.

Dutchess_III's avatar

I didn’t say she was trying to fire any one.

If she doesn’t want her name on the marriage license, she needs to step down from her position.

The conservatives who are admonishing her are oddly unheard and unseen.

Jaxk's avatar

Only to those that aren’t listening.

Dutchess_III's avatar

I’m listening. What do you have to show us?

Darth_Algar's avatar

Well if she does then her ass is going straight back to jail for contempt of court.

ragingloli's avatar

@Dutchess_III
The amount of examples that j just has given is just deafening! ~

Jaxk's avatar

Look up Trump’s stand. Since he’s the Republican front Runner I would think he matters. Otherwise, This is the first week of football and I’m not spending it doing your research.

Dutchess_III's avatar

OK, so he’s pretty non-committal. He isn’t screaming at the top of his lungs and making a fool of himself (for once) about it.

He said, “The other simple answer is rather than going through this, [because] it’s really a very, very sticky situation, a terrible situation — 30 miles away they have other places, they have many other places where you get licensed, and you have them actually quite nearby,” Mr. Trump said. “That’s another alternative. I hate to see her being put in jail. I understand what they’re doing. It would be certainly nice if she didn’t do it, but other people in her office do it but from what I understand she won’t allow other people in her office to do it.”

Bottom line, host Joe Scarborough said, is that if Supreme Court makes a decision, that’s the law of land, right?

“You have to go with it,” Mr. Trump said. “The decision’s been made, and that is the law of the land.”…

“She can take a pass and let somebody else in the office do it in terms of religious, so you know, it’s a very … tough situation, but we are a nation, as I said yesterday, we’re a nation of laws,” he said. “And I was talking about borders and I was talking about other things, but you know, it applies to this, also, and the Supreme Court has ruled. It would be nice to have other people in her office do what they have to do.”
***********************************************
So…when did this turn into Republican/Democrat thing anyway? I thought it was a religious zealot / intelligen people thing.

ragingloli's avatar

so you found 1 guy out of 120 million, and the sorry excuse “hurr im not doing your research for you durr”.
sorry, kiddo, you made the claim that “There are more conservatives admonishing her than there are supporting her”, so it is your job to produce the evidence.

Jaxk's avatar

Sorry, those obnoxious Seahawks lost so this has the makings of a very good cay. I won’t let your cat-calling ruin it for me.

Dutchess_III's avatar

Well, he has a point. You made the claim, it’s up to you to back it up. I did research what Trump had to say about it, which wasn’t much. Who else should I be researching?

LostInParadise's avatar

The judge who released Davis said that he did so with the understanding that she will not block any marriage licenses. If she goes back to blocking marriage licenses she is likely headed back to jail.

Brian1946's avatar

@Dutchess_III You should be celebrating the Chiefs’ glorious win, instead of doing @Jaxk‘s research for him. ;-)

Dutchess_III's avatar

Pfffft! I’m listening to it from other rooms. I heard, “They waited until the ball was snapped and they all ran off.”
I yelled, “Rick! Did they just say [repeat]?”
He laughed and said, “Yes!”
So it’s much more fun listening than watching.

I’d rather be mudding.

jca's avatar

Since the deputy county clerks work for the government, it’s most likely they are represented by one of the unions. It’s a process to fire a union member, even if for something like insubordination. She can’t just arbitrarily fire someone like at a regular job, where, in a heartbeat you’re out the door.

Dutchess_III's avatar

Ah. Well, it’s an interesting situation for her deputies, isn’t it. Especially for those who don’t like her.

Buttonstc's avatar

There is no question about what would happen.

The judge specifically admonished her to not interfere with her deputies issuing the licenses or risk being bounced right back to jail

Obviously firing them is blatant interference and he will certainly do what he warned her about.

And he won’t be Mr. Nice Guy the second time around. It’s clear this judge wants those licenses issued without any further nonsense.

So, the deputies have little to worry about. Someone with the authority to do so will rescind the firing even if the judge has to do it himself.

He is not in the mood to keep playing this game with her. He has made it clear. He wants those licenses to be issued without further hindrance. Period.

chyna's avatar

So apparently we will find out tomorrow as she is supposed to start back to work tomorrow 9/14/15.

Jaxk's avatar

If you’re looking for Republicans that are screaming to have her jailed or sending death threats like Democrats do, you won’t find them. Most are merely saying that she shouldn’t be jailed. Seems to be a reasonable position. Putting someone in prison for not doing their job, regardless of the reason, seems over the top. You all seem more than willing to assign the positions of Cruz and Huckabee to the entire Republican base so I’ll give you Trump that said the law should be followed and Ben Carson said the same thing.

Just as a final note, Cruz and Huckabee are looking for an issue to help bolster some support. They picked the Kim Davis issue to make a stand. It hasn’t helped them which should be obvious from the polls. There is no massive ground swell in conservative ranks to support Kim Davis. Here is an article from the Cato Institute (not exactly a bastion of liberal thinking) describing the issue.

rojo's avatar

FWIW Carly Fiorina said it was not appropriate for Davis not to issue licenses.

Dutchess_III's avatar

@Jaxk I am not looking for republicans that are screaming to have her jailed. She’s already been jailed. That’s what happens when you stick your tongue out at a judge. I’m not looking for Republicans doing anything at all. My eyes are on the judge, and I have no idea what political party he or she is affiliated with, and I don’t care.

I don’t even know what ship you’re riding on. This isn’t a republican / democrat thing. This is a religion/constitution thing. If she wasn’t a government employee, representing the government and the constitution the solution would have been simple. Fire her. Can’t, though.

But to address your blanket comment ”Putting someone in prison for not doing their job, regardless of the reason, seems over the top.” I would agree, if we were talking about a waitress or a fast food worker or a sales clerk. But we aren’t.

Cruiser's avatar

Kim is back at work

With her voice shaking, she said she decided not to interfere with deputy clerks who will continue to hand out the marriage licenses in Rowan County, but Davis declared they would not be authorized by her and she questioned their validity.

Dutchess_III's avatar

Thanks @Cruiser…except your link only leads back to this question.

Cruiser's avatar

I have been away for too long and making Rookie mistakes @Dutchess_III
Link

Dutchess_III's avatar

Wow. The woman is a wack job. She has a Mandela complex: ”...said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.”

If that isn’t the biggest bunch of hyperbole bullshit I’ve ever heard. On top of that, she has complete control over whether she “loses her freedom” or not!

ragingloli's avatar

Yeah.
Losing her freedom.
Her freedom to deny freedom to others.
Her freedom to oppress.

jca's avatar

If she really feels that way, she should have been honest with the judge when he let her out and he told her she must not interfere with the granting of marriage licenses. She should have told him she was still not going to approve licenses from her county.

Darth_Algar's avatar

@Jaxk

She wasn’t jailed for not doing her job, she was jailed for disregarding a court order. This is not a difficult concept – contempt of court has always been an offense punishable by jail time. She didn’t even have to deal with the licenses herself, she just had to not interfere with her deputies doing so. But ignored even that compromise, and went ahead and blocked her deputies from doing their job, despite the court order telling her not to interfere. That’s why she was jailed.

Also, this is not a Republican/Democrat thing. You seem to be the only one trying to make it so.

Dutchess_III's avatar

So I turned on some 70’s music on the music channel on TV, and Billy Joel’s Always a woman to me, was on. As I listened and the lyrics came back to me, I just had to laugh….but in a way it was sad too.

Select lyrics below

She can wound with her eyes
She can ruin your faith with her casual lies
And she only reveals what she wants you to see
She hides like a child

She can lead you to love
She can take you or leave you
She can ask for the truth
But she’ll never believe you
And she’ll take what you give her, as long as it’s free
Yeah, she steals like a thief

Oh—she takes care of herself
She can wait if she wants

Oh—and she never gives out
And she never gives in
She just changes her mind <<That’s when I really started giggling!

And she’ll promise you more
Than the Garden of Eden
Then she’ll carelessly cut you
And laugh while you’re bleedin’

She is frequently kind
And she’s suddenly cruel
She can do as she pleases
And she can’t be convicted
She’s earned her degree

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