Re: What's happening in the Kim Davis case

They are one and the same. The authorization "statement" is at the top of the form, and does not mention an official. The official is only mentioned in the "issued by" line, which refers to Brian Mason, not Kim Davis (as the statute permits):

Re: What's happening in the Kim Davis case

The license is valid even if Mason rather than Davis signs and issues it: As I posted earlier, KY law provides that the license must contain “[t]he date and place the license is issued, and the signature of the county clerk *or deputy clerk* issuing the license.” Moreover, KRS § 61.035 states

RE: What's happening in the Kim Davis case

What is the name of the county clerk under whose authority these licenses are issued? From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] on behalf of Marty Lederman [lederman.ma...@gmail.com] Sent: Saturday, September 12, 2015

Re: What's happening in the Kim Davis case

Kevin Mason -- it is the Deputy County Clerk. On Sat, Sep 12, 2015 at 6:34 PM, Walsh, Kevin wrote: > What is the name of the county clerk under whose authority these licenses > are issued? > > From: religionlaw-boun...@lists.ucla.edu

Re: What's happening in the Kim Davis case

I asked "Is there a county clerk under whose authority these licenses were issued, or not?" If the answer is "no, but it doesn't matter to the validity of the licenses because ...," I am asking because I don't understand what comes after "because." If the answer is "yes," I am wondering what

Re: What's happening in the Kim Davis case

Kevin, before I attempt any elaboration of your first follow-up question below, can you say what provision of Kentucky law you would cite as at least seeming to contain a requirement that a marriage license must be issued “under the authority of” some county clerk? I apologize if I’m being

Re: What's happening in the Kim Davis case

Yes, but that same statute also says that the *Deputy Clerk* can issue the license, in addition to the Clerk. Ky. Rev. Stat. 402.100(1)(c). In such cases, obviously, the "authorization statement" in question becomes that of the Deputy Clerk -- *which the State's official form acknowledges when

RE: What's happening in the Kim Davis case

David, Sure. The two most pertinent provisions are Ky. Rev. Stat. 402.100(1)(a) (requiring the prescribed form for marriage licenses to include "an authorization statement of the county clerk issuing the license") and Ky. Rev. Stat. 402.100(3)(a) (requiring the prescribed form to include a

RE: What's happening in the Kim Davis case

The legal analysis in all of our posts have been mostly based on “good faith” legal arguments. But we try to figure it out as Ms. Davis’s arguments and claims seem to evolve. Most of the people on this list assume that a reasonable accommodation is possible to protect her “religious freedom.”

Assessing a Proposed Solution to the KY Case

Stepping back from the detailed discussion Kevin, Marty, and others have been having today about the intricacies and proper interpretation of Kentucky law, I wanted to address more broadly Kevin's suggested solution to the Davis situation. Here's the key testimony from Kim Davis that Kevin quotes

What's happening in the Kim Davis case

Davis has now filed a couple of briefs in the Sixth Circuit, and attached the transcript of the contempt hearing to one of them . . . so now it's possible to figure out where things are heading, at least to a certain extent. *1.* *Judge Bunning construes his P.I. to cover the Deputy Clerks* The

RE: What's happening in the Kim Davis case

If I were a plaintiff and the validity of my marriage depended on the validity of my license, I would argue that the deputy clerk issued the license under Davis's authority. Otherwise, I would have to point to some other county clerk, and there is no other candidate. Now maybe that would be a

RE: What's happening in the Kim Davis case

There's a sense and consistency to Davis's position that, understood together with the requirements of Kentucky law and the desire to obtain licenses from Davis's office, can guide us to some potential terms of peace that require neither surrender nor conquest. Under Kentucky law, every

Re: What's happening in the Kim Davis case

The licenses currently being issued don't say that the Deputy Clerk is acting "on Davis's authority," and no one in their right mind would now understand him to be doing so--as the whole world knows, he's acting *in direct contradiction to her attempted, and very public, direction*. Kevin