Has Kim Davis Violated Her Oath of Office

[preachinjesus]

From the other mega-thread on Mrs Davis...something that Squire said got me thinking. Specifically, whether Mrs Davis has violated her oath of office with her actions...or inactions as they might be.

So I looked up the Oath of Office for Kim Davis and found this:

Oath of clerk and deputies:
30A.020 Oath of clerk and deputies.
Every clerk and deputy, in addition to the oath prescribed by Section 228 of the
Constitution, shall, before entering on the duties of his office, take the following oath in
presence of the Circuit Court: "I, ....., do swear that I will well and truly discharge the
duties of the office of .............. County Circuit Court clerk, according to the best of my
skill and judgment, making the due entries and records of all orders, judgments, decrees,
opinions and proceedings of the court, and carefully filing and preserving in my office all
books and papers which come to my possession by virtue of my office; and that I will not
knowingly or willingly commit any malfeasance of office, and will faithfully execute the
duties of my office without favor, affection or partiality, so help me God." The fact that
the oath has been administered shall be entered on the record of the Circuit Court.
Effective: January 2, 1978
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 2, effective January 2, 1978

— Source: Kentucky Legislative Research Commission
See: http://www.wlwt.com/news/oath-of-office-taken-by-court-clerks-and-deputies-in-kentucky/35086548



So the question before us is: Has Mrs Davis violated her oath of office by her actions?

I think she has.

Discuss...:type:

 

[Zaac]

From the other mega-thread on Mrs Davis...something that Squire said got me thinking. Specifically, whether Mrs Davis has violated her oath of office with her actions...or inactions as they might be.

So I looked up the Oath of Office for Kim Davis and found this:

Oath of clerk and deputies:
30A.020 Oath of clerk and deputies.
Every clerk and deputy, in addition to the oath prescribed by Section 228 of the
Constitution, shall, before entering on the duties of his office, take the following oath in
presence of the Circuit Court: "I, ....., do swear that I will well and truly discharge the
duties of the office of .............. County Circuit Court clerk, according to the best of my
skill and judgment, making the due entries and records of all orders, judgments, decrees,
opinions and proceedings of the court, and carefully filing and preserving in my office all
books and papers which come to my possession by virtue of my office; and that I will not
knowingly or willingly commit any malfeasance of office, and will faithfully execute the
duties of my office without favor, affection or partiality, so help me God." The fact that
the oath has been administered shall be entered on the record of the Circuit Court.
Effective: January 2, 1978
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 2, effective January 2, 1978

— Source: Kentucky Legislative Research Commission
See: http://www.wlwt.com/news/oath-of-office-taken-by-court-clerks-and-deputies-in-kentucky/35086548



So the question before us is: Has Mrs Davis violated her oath of office by her actions?

I think she has.

Discuss...:type:

She absolutely has violated her oath of office. She is in direct violation of all of this.

discharge the duties of the office of .............. County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees,opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not
knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God.

 

[blessedwife318]

Yes she has but then again so has Obama but he is not in jail. Besides we are to obay God's law above man's law when they are in conflict with each other.

 

[Jerome]

I looked up the Oath of Office for Kim Davis and found this:

Oath of clerk and deputies:
30A.020 Oath of clerk and deputies.
Every clerk and deputy, in addition to the oath prescribed by Section 228 of the Constitution...

Sec. 228:

"Members of the General Assembly and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of .... according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."

 

[Revmitchell]

The perimeters of the oath she took changed after she took and without her consultation. She never took an oath to uphold ungodly marriage and it is likely should would not have, as a Christian, taken such an oath.

The real question is when such changes occur can such an oath be applied to her against her will? There are attorneys such as Matthew Staver who is defending her who says she is not obligated to give such certificates. Matt is a brilliant man and not likely to take cases unnecessarily just out of pure ideology.

As Dr. Mohler has pointed out this is not a simple issue and taking stands based on over simplifications is not appropriate.

 

[preachinjesus]

Sec. 228:

"Members of the General Assembly and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of .... according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God."

As a note, this is the general oath of office for public officials in Kentucky unless otherwise specified. This is not the oath that Mrs Davis took as she had another which was provided under the state code.

Her's doesn't include the "no dueling" clause. :laugh:

 

[Jerome]

Sigh

"Every clerk and deputy, in addition to the oath prescribed by Section 228 of the Constitution, shall, before entering on the duties of his office, take the following oath..."

 

[Rippon]

The Supreme Court decision was unconstitutional. The decision itself violated the Constitution.

To say this is a can of worms would be a gross understatement.

 

[Zaac]

The perimeters of the oath she took changed after she took and without her consultation. She never took an oath to uphold ungodly marriage and it is likely should would not have, as a Christian, taken such an oath.

The real question is when such changes occur can such an oath be applied to her against her will? There are attorneys such as Matthew Staver who is defending her who says she is not obligated to give such certificates. Matt is a brilliant man and not likely to take cases unnecessarily just out of pure ideology.

As Dr. Mohler has pointed out this is not a simple issue and taking stands based on over simplifications is not appropriate.

She took an oath to execute the duties of the office of Clerk. That included issuing marriage licenses. if she needed greater clarification as to what that entailed or what it might entail, she should have questioned it before she took her oath.

And she's obligated to give them if she wants to keep her job.

Resign.

 

[Revmitchell]

Madonna's Brother Defends Jailed Clerk Who Refused Marriage Licenses for Gay Couples

Madonna's brother, Christopher Ciccone, is speaking out in defense of the county clerk in Kentucky who was recently jailed after refusing to issue marriage licenses to same-sex couples.

Ciccone, who is openly gay, posted a message to Facebook on Friday in which he said that Kim Davis should be granted the right deny the licenses, with Ciccone citing her "religious freedom."

"The county clerk in [Kentucky] deserves about as much support as you would give her if she were a Muslim [woman] who insisted on covering her face and refused not only gay marriages licenses, but divorce, accusations of rape and driving a car without your man's approval," wrote Ciccone, who has directed music videos for Madonna.

Ciccone acknowledged that Davis is required to follow federal law before he added: "But why should she when DOJ and other civil authorities don't follow federal law when they choose not to, i.e. Washington State and Colorado (POT) come to mind...or the abstract notion of 'sanctuary cities.' I always thought that sanctuary was the province of churches."

"Once again, the gay community feels the need to be sore winners," he continued. "Is it so difficult to allow this women her religion? Or must we destroy her in order for her to betray her faith. No matter how we judge, it's truth. The rights we have all fought for, mean nothing, if we deny her hers."

http://www.hollywoodreporter.com/news/madonnas-brother-defends-jailed-clerk-820753

 

[Squire Robertsson]

After reading an editorial in yesterday's Wall Street Journal, I'd say she violated her oath to the same degree as Eric Holder as Attorney General and Gavin Newsome as Mayor of San Francisco. Holder refused to defend the In Defense of Marriage Act. Newsome authorized the issuance of marriage licenses to same sex couples.

 

[preachinjesus]

After reading an editorial in yesterday's Wall Street Journal, I'd say she violated her oath to the same degree as Eric Holder as Attorney General and Gavin Newsome as Mayor of San Francisco. Holder refused to defend the In Defense of Marriage Act. Newsome authorized the issuance of marriage licenses to same sex couples.

Is the aim of the Christian to participate in the hypocrisy or stand as voice outside of it?

 

[Squire Robertsson]

And your point is? All I was saying is the two men I mentioned are lauded in certain circles for their actions or lack thereof in Holder's case. Davis on the other hand is getting shot in a crossfire.

Unless you're saying Christians should not hold elective office or hold government jobs.

Is the aim of the Christian to participate in the hypocrisy or stand as voice outside of it?

 

[righteousdude2]

Yes she has but then again so has Obama but he is not in jail. Besides we are to obay God's law above man's law when they are in conflict with each other.

Thank you sister .....

While everyone that thinks they can toss this woman under the bus for violating the oath of office, let me remind them of the one Mr. Obama took:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Please tell us, oh do-gooders, how is Obama not in violation of the oath he took especially when it comes to the lack of enforcement of immigration laws, giving forms of amnesty to illegals and their kids, and now clearing the path for said illegals to be party to receiving tax payer funds, like health care, welfare, etc.?

If Davis is in violation of her oath, how much more is Obama in violation of his oath? I do not see him protecting Americans from their Constitutional rights by allowing illegals to pour across the border and take American jobs and money set aside to help Americans in time of financial need! :tonofbricks:

Sorry, what's good for the goose is good for the gander!? :wavey:

 

[righteousdude2]

She took an oath to execute the duties of the office of Clerk. That included issuing marriage licenses. if she needed greater clarification as to what that entailed or what it might entail, she should have questioned it before she took her oath.

And she's obligated to give them if she wants to keep her job.

Resign.

Oh, puleeze! Pshaw!

 

[InTheLight]

Thank you sister .....

While everyone that thinks they can toss this woman under the bus for violating the oath of office, let me remind them of the one Mr. Obama took:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Please tell us, oh do-gooders, how is Obama not in violation of the oath he took especially when it comes to the lack of enforcement of immigration laws, giving forms of amnesty to illegals and their kids, and now clearing the path for said illegals to be party to receiving tax payer funds, like health care, welfare, etc.?

If Davis is in violation of her oath, how much more is Obama in violation of his oath? I do not see him protecting Americans from their Constitutional rights by allowing illegals to pour across the border and take American jobs and money set aside to help Americans in time of financial need! :tonofbricks:

Sorry, what's good for the goose is good for the gander!? :wavey:

Davis' oath: ...making the due entries and records of all orders, judgments, decrees,opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; [..] and will faithfully execute the duties of my office without favor, affection or partiality,

Now show me where Obama's oath says that he must prosecute all illegal immigrants. I don't agree with Obama's laziness in going after illegals, but there is nothing in his oath that explicitly says he must get all illegals, or that he can't show favor or partiality to some.

 

[preachinjesus]

Sigh

Thanks for the correction. I heard the wrong thing.

 

[Rippon]

I don't agree with Obama's laziness in going after illegals, but there is nothing in his oath that explicitly says he must get all illegals, or that he can't show favor or partiality to some.

He has thrown wide the flood gates.

 

[righteousdude2]

He has thrown wide the flood gates.

Thanks Rippon!