back to the top story this hour. supporters of kentuckycounty clerk kim davis gathering outside the jail where she has been held in contempt of court since thursday. this afternoon a federal judge ordering her release but directing her to not interfere with the issuing of marriage licenses by her deputies. let's listen for a moment. they're now singing "god bless america." >>. ♪ this land is your land, this land is my land ♪ >>. ♪ from california to the new york islands ♪ ♪ from the redwood forest to the gulf stream waters ♪ >> judge andrew napolitano is fox news senior judicial analyst and joining me now on the set. amazing developments happening within the last hour now. >> right. >> it's my understanding that she has been released now. kim davis has been released from jail there. the judge issuing that about an hour ago. your thoughts. >> well, remember, she was found in a state of civil contempt, which under the law means she disobeyed a court order. this is not criminal contempt. she was not convicted of a crime and sentenced to a jai

the gentleman from kentucky. mr. guthrie: i have no further speakers, i continue to reserve my sometime. -- my time. the speaker pro tempore: the gentleman reserves. the gentleman from kentucky is recognized. mr. green: i yield to my colleague from california, the co-sponsor of the bill, the gentlelady from california. mrs. capps: i rise in strong support of h.r. 1344, the early hear degree text and intervention act which i was pleased to co-sponsor with my colleague in kentucky, congressman brett guthrie. hearing loss in newborns is considered an invisible disability. almost three in every 1,000 children in the united states are born deaf or hard of hearing and many more lose their hearing later on in childhood. when hearing loss is left undetected, it can impede speech, listening wadge -- language and cognitive development. we know when hearing loss is caught early, children have much better outcomes. early intervention can help them overcome hearing issues and get them ready to learn on par with their peers. that i

you can call the kentucky legislature into session to either change the law or remove her from office impeachment. now, i'm betting that in kentucky you wouldn't get a majority vote to impeach her because a lot of people are in kentucky would think that from a religious standpoint they agree with her. it brings us back to this concept that the courts were very reluctant to get into this area of same-sex marriage and to get ahead of democracy in this area because there's strong public opinion both ways on the issue. >> yeah. >> you like really to have a clear consensus before you move and the court ultimately has decided here, you know something, the constitution requires it. we're not going to wait for democracy. and i think in the aftermath of that, now we're seeing what happens when you don't have substantial agreement. presidential candidates gathering, you know, to fight in favor of the clerk. i think she's going to derive support and courage from the dim straight fors and may, in fact, continue this protest. >> let me jump in. governor huckabee, who is running for president, he's

if the state of kentucky wants to do that. does she have the right to demand that from the federal court? and i think the answer there is no. the district court does not have the power to change kentucky law or to set up some kind of an ad hoc exemption for her. the legislature could do that if it wanted to and may well and that would be a satisfactory solution to this but, no. as a demand that she makes as a terntive to her being in contempt, no. she does not have the right to demand this. >> is it the judge or would it have to be the state to come up with a situation where they moved the power to issue all marriage licenses in rowan county to another office in the could county government? >> right. that would have to be an act of the state legislature. all the district court can do is ensure that the law of the land, federal constitutional law, respecting the fundamental right of all people to marry is complied with. as long as that is complied with, the district court has done all that it can do. the district court may impos

i was looking at the actual statute in kentucky and it's kind of interesting, the law in kentucky is an application for a marriage certificate. the law in kentucky also explicitly bans same-sex marriage. by the way, it also bans first cousins marrying each other in kentucky. here we've had the supreme court from it is ruling overruling kentucky law on this and presumably she's supposed to comply with the law of the land. >> paul, when you hear some of her supporters arguing this was a 5-4 decision, the supreme court is not supposed to make the law, they are supposed to interpret the laws and this was inappropriate, what do you say to that? >> well, what i would say to them is article 6 of the united states constitution defines federal supremacy and the concept that federal law takes precedence over conflicting state law. and this doctrine has been established for hundreds of years in the united states, over 100 years. we integrated school systems throughout the south. a lot of people were trying to block that. governor wallace stood on the school steps to block admission. and you kno

he is the attorney for kentucky clerk kim davis. bars for refusing to issue marriage licenses to same-sex couples and released under the condition that she cannot interfere with deputies providing licenses to same-sex couples. her attorney says she is still undecided as to whether she will obey the court. davis has not spoken directly about the case leaving the key questions unanswered. what will she do when she goes back to work monday. joining me now, cnn legal analyst mel robins and joey jackson. you heard the attorney there say that they're requesting some sort of accommodation. that the first amendment as well as a kentucky law supports the fact that there could be an accommodation that her name, the office, her title would not be on the licenses that would go to same-sex or any couples. is that true? >> it's a great question because the way that her attorney presents it, it sounds like a really simple idea. just delete my name from a form. not that simple at all. there is a law on the books in kentucky that requires that all m

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. >>> propose francis puts himself in the thick of american controversy by meeting with the kentucky clerk who publicly opposed same-sex marriage and making a last-minute plea on behalf of a death row inmate. >>> the pictures that brought a nurse and patient back together nearly 40 years after their first encounter! >>> good morning from the studio 57 newsroom at cbs news headquarters in new york. thanks for joining us. i'm anne-marie green. >>> this morning, a complex weather system is threatening the east coast with widespread flash flooding and gusty winds and beach erosion and that is before another powerful storm comes into play. the storm promising hours of soaking rain and residents in flowed-prone areas are urged to prepare. in new york city a travel advisory issue has been issued. it knocked down trees in western pennsylvania. earlier the heavier rain soaked virginia at james madison university on-campus tunnel turned into a river and floodwaters formed lakes on campus. >>> tropical storm joaquin is strengthening and heading west and expected to become a hurricane soon. meteo

. >>> the kentucky clerk refusing gay couples the right to marry filing a new appeal overnight. what kim davis is now asking a judge. that is coming up next. woman: it's been a journey to get where i am. and i didn't get here alone. there were people who listened along the way. people who gave me options. kept me on track. and through it all, my retirement never got left behind. so today, i'm prepared for anything we may want tomorrow to be. every someday needs a plan. let's talk about your old 401(k) today. pubut to get from theand yoold way to the new,d. you'll need the right it infrastructure. from a partner who knows how to make your enterprise more agile, borderless and secure. hp helps business move on all the possibilities of today. and stay ready for everything that is still to come. ranking from top to bottom. car company of the year? luxury cars just seem like they would be top awarded. yeah. there better be some awards behind what you are paying for right? the final answer. chevrolet is the most awarded car company of the year. really? i was just surprised. i'm intere

open for business, the kentucky clerk's office is issuing marriage licenses but their boss kim davis is not there. and questioning planned parenthood. congress looks at ho how the group operates even though it was not invited to the discussion. >> this is al jazeera america. live from new york city. i'm erica pitsy. the iran nuclear deal debate was expected this afternoon but it has been postponed. why have the debates been postponed. >> some of the caucus and how say they haven't had the 60 days allowed by law to review all the materials related to the iran agreement. that's because they say iran has struck side deals. the iaea with the initial atomic agency. washington said these are not side deals. this is a normal part of the process when you go over inspections and procedures. but republicans say if they can't see the fine print they won't vote. this puts the can yous can at odd because the clock is still ticking. john boehner came back and spoke to reporters today. he believes that the republicans are on the right side of this issue. >> at this point i think that the president h

now, if the kentucky legislature decides that they agree with the supreme court, and they change the laws of kentucky, that's a whole different thing. we're bordering on judicial tyranny. >> that was astounding me. first of all, let's clear this up. the form in kentucky has been changed. it no longer requires male and female. there is party "a" and party b so he is inaccurate. if the supreme court makes a ruling it is only ruling if the states put that into legislative language. that is a shocking interpretation of the constitution. >> and this is a man running for president of the united states who a year ago said if this happens, if the supreme court allowed gay marriage, it is not the voice of god and he encouraged civil distorn. i am calling for mike huckabee to drop out. she drop out, give back the money and go back to preaching. >> i have a feeling he will end up raising a lot of money off this one. especially now that she's gone to jail. appreciate you both being here. up next, victory for tom brady and the patriots as the judge overturns the four-game suspension. ♪ we pick cal

they have won the kentucky derby!o make their arguments for action on syria in the united nations. >> and a papal apology. >> and a celestial treat. one of the biggest, boldest moons in history draws as and awes from stargazers from everywhere. >> welcome. >> i'm errol barnett. thanks for kicking after your week with us. we're here for the next two hours. this is cnn news room.

we will speak with the wife of maher arar. in kentucky the county clerk who , has defied the supreme court and refused to issue marriage licenses to same-sex couples is set to appear before a federal judge today to make her case for why she shouldn't be held in contempt of court. rowan county clerk kim davis stopped issuing all marriage licenses rather than comply with the supreme court ruling in june that legalized same-sex marriage nationwide. in a filing wednesday, attorneys for davis argued a court order requiring her to issue marriage licenses to same-sex couples "irreparably and irreversibly violates her conscience." we'll have more on the case later in the broadcast. we will go to louisville and lexington, kentucky. and a federal judge in texas has issued an extraordinary order to withdraw the execution date for a man set to die by lethal injection later this month. district judge david mendoza ruled tuesday that perry williams should not face death on september 29 without a lawyer to handle his appeals. williams has been without a

and we just heard from the kentucky clerk at the center of a firestorm over marriage licenses. did some time in jail change her perspective? ra hits close to home. i'm angie goff with how the campaign trail will wind up through our area. >> i'm meteorologist tom kierein. i have a look at how long this will last. >> i'm barbara harrison we're about to get some answers when it comes to a potential transportation nightmare next week during the pope's visit to washington. we have an update from the metro station and we'll see a lot of the action. molette? >> we're looer at tive at the b metro station, where the pope next week will make a visit to the national shrine. right now metro and d. dot are getting set to brief us on this three-day transportation event to move people fast and efficiently as possible. in the meantime people in this community are bracing for the big event. >> a papal visit to the national shrine is expected to create traffic gridlock. >> horrific. >> reporter: pope francis will hold mass around dismissal time for brookland middle school. >> i leave pretty much

the options? you can't fire her since she's an elected official? >> kentuckys provide for even criminal misdemeanors where the county clerk doesn't perform her duties, but those that have voting violations and refusing electioneers to come in and investigate, and there doesn't appear to be grounds for malfeasance as they do their day-to-day regular duties. she didn't just refuse to issue same-sex marriage licenses, she completely stopped issuing any marriage license. >> in an effort to say she was not discriminating? >> right. but if you take that route and say i am not diskreuskreupl nat you are in dereliction of your job. she has a different position, the courts appear to say when a county clerk speaks, she speaks on behalf of the government, and it's not her personal speech and those are not her personal actions. there's a difference, when you are a county clerk you operate for the state and not your personal views? >> government officials are free to disagree with the law, but not disobey it. we know there have been a couple other county clerks in kentucky

and in this case, the kentucky governor not only has the power but has a duty under kentucky's religious freedom restoration act to accommodate the religious conscience objection of kim davis. it is clear kim davis is following the law of kentucky which allows her an exemption when issuing these marriage licenses would violate her conscience. i doubt governor kasich or ms. fiorina has read what the supreme court has to say, because if they did, they would see their position of having to do this because the supreme court said so is completely false. >> congress shall make no law respecting an establishment off religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble and to petition the government for a redress of grievances. that's in the first amendment. yes, you have the right to exercise your religion but you have no right to push your religion on others. state law has attempted to keep our country segregated, but, thus, the federal law of the land won there. >> the case isn't about segre

the news continues with the conference from kentucky right after this. >>> mike huck api the one timeher, one-time governor of the state of arkansas a one-time fox news host with his own weekend program here, now presidential candidate has come to kentucky to speak of kim davis who has been locked up. he thanked the local officials and we're joining him live. >> -- where the people rule in exchange for a place where five unelected lawyers think that they can rule. we are here to say no they cannot. our founders warned us of the consequences of forgetting something that most of us learned in ninth grade civics. we learned that there are three branches of government, not one, but three. we learned that each of those branches is equal to the other, and i believe that in the providence of god, the founders were inspired to create a unique form of government that has never existed before, that was based on the premise that it understood that we are frail, that we are sinners, and that as such we could not be trusted with too much power, so the power was distributed and balanced so that no

the kentucky clerk says she met the pope. >> breaking overnight, the u.s.ts sides from china. their identity in a hack attack. we are live. >> it is 31 minutes past the hour. we have breaking news, just a few hours ago the state of georgia executed female inmate kelly giddendaner for killing her husband. it followed three appeals and pleas for mercy from the children and from pope francis. our martin satisfy annual has more from atlanta. >> the effort to spare kelly gissendaner's life came when she should have been dead. they put the execution on hold to let the legal process run its course. >> she was very strong and she was very assured in whatever the process was going to be and she handled herself with the poise that was just beyond belief. >> but when the last court turned her down, time and hope ran out. gissendaner's attorneys weren't the only ones filing on her behalf. her own children begged the parole board. >> she is so supportive of me. i can talk to her about anything, any troubles i have. i know she's my biggest cheerleader. my brother and i r

you have the poor clerk in kentucky we'll talk about in a second. the perp walk, put in jail. now we've got hillary clinton's campaign saying they want to show she's funny. i don't look at hillary clinton and see larry the cable guy. i don't see chris rock. i just don't see it. >> i actually, as david axelrod pointed out, it's hilariously funny to have your campaign spokesman announce you're planning to be more spontaneous. i gather that hillary's director of spant nayty has director she's going to be spontaneous. this thursday at 2:00 p.m. at bud steiner in new hampshire. if you're there, you'll get the chance. you've underground the background check you'll get the chance to see her being spontaneous. >> if you sign the loyalty pledge before they let you into the event. i mean, it's getting a little crazy. >> yeah. no. no. that's actually -- that actually is what is -- this is a post modern campaign. the point about campaigning in something like the new hampshire primary is that you encounter voters and you persuade them to vote for you. they were a bernie sanders guy, but th

in fact, the kentucky form has been changed. it used to say bride and groom on it for the people applying for a marriage license. now it says first party and second party. >> pete williams, thank you so much. >> okay. >>> and up next, flash point chaos at that train station in hungary as the flood of migrants stretches europe to its limits. you're watching "andrea mitchell reports" only on msnbc. can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul? can a business be...alive? ♪ [ female announcer ] everything kids touch at school sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. you handle life; clorox handles the germs. >>> a breaking point in europe's mounting migrant crisis. this morning hundreds crush their way into the budapest train station allowed to board trains for the first time in two days. one train headed for the austrian border was the

the kentucky clerk who refused to issue marriage licenses to gay couples brought to tears in her first being out of jail. oks e have som of sea monster in the water hazard here. i believe that's a "kraken", bruce. it looks like he's going to go with a nine iron. that may not be enough club... well he's definitely going to lose a stroke on this hole. if you're a golf commentator, you whisper. it's what you do. if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. this golf course is electric... >>> kim davis, the kentucky clerk who became a national lightning rod for refusing to issue same-sex marriage licenses tells abc verbal attacks are not who she is. >> i have been called a hypocrite and i have been called things and names that i didn't even say when i was in the world. those names don't hurt me. what probably hurts me the worst -- is when someone tells me that my god does not love me. >> davis said issuing licenses to gay couples would go against her religion. she was jailed this month and released on a judge's order that she do nothi

. >> since 1875, churchill downs has been the home of the kentucky derby, an event created to give americaengland's epsom derby. just this past year a horse named american pharoah broke a 37-year drought to become just the 12th triple crown winner in history, and i am here to get a sense of what a famous racetrack like churchill downs looks and feels like day in and day out. this is however morning starts, everybody is up early. >> it's an early game. >> how many horses are hear? >> somewhere around 1,100. >> it freshens them up. >> from an athletic standpoint, the jockeys got to be about the most underrated athlete. >> they have to be very fit. >> just have to have balls on them. >> this is not fit for the weak of heart. >> if you want to talk with a jockey, you have to get up early. >> moving real quick, that's him. >> one dedicated jockey you can find working hard out here every morning is cory land re, and he spent over 20 years in the saddle before he got his first mount in the kentucky derby. good morning. >> good morning. >> you have been riding professionally for how long? >> since

the kentucky judge tackles that issue today for the clerk refusing to issue same-sex marriage licenses. >>> the court date on the docket. after waiting for years, finally an opportunity for justice. >>> an immigration mix-up nearly leads to the wrong man getting deported. "today" in the bay starts right now. thank you for joining us. >>> let's get a check of the forecast right now. >> good morning. we're heading closer to the holiday weekend and our weather is absolutely gorgeous, nice and comfortable, in the upper 50s to lower 60s to get the day started. also some clouds near the coast but we will have a lot of sunshine today. look for 68 degrees in san francisco. 78 in the east bay peninsula. 76 degrees. south bay up to 80 while the tri-valley tops out at 81 degrees. our temperatures cooler than average but that changes as we go into the next couple of days. more on that coming up in just a few seconds. let's get a look at the morning commute now with anthony. >>> we have a sigalart issued for the east bay. it is on marsh creek road. also just keep in mind that there is no estimated

if the kentucky legislature decides that they agree with the supreme court and they change the laws of kentucky, that's a whole different thing. but we're bordering on jewish tyranny here. >> joining me now, msnbc contributor seema iyer, former prosecutor as well. right now, we know there was a legal filing yesterday, davis' attorney arguing that it will irreparably violate her conscience by directing her to issue same-sex marriage licenses bearing her name and approval. you also heard mike huckabee's argument, the kentucky constitution versus the u.s. constitution. >> all due respect to governor huckabee, that's not the law of the land. laws are built by case law. when the united states supreme court says something, that is a law of the land. that is the law that must be followed by all the states and all the counties. >> yesterday on lawrence o'donne o'donnell's show, he had other clerks refusing to issue marriage licenses to same-sex couples. they say the law of the land isn't the law of the land. lawrence o'donnell pointed out segregation and the laws that needed to be changed in t

it could be issued under the authority of the state of kentucky. she said that she would record that, she would file it just like she does any other document. but with having her name affixed to it, that's where the problem is with regards to her own identity and her religious convictions. it's a very easy accommodation. in fact, the head of the clerk of the courts of all the kentucky clerks has recommended that as an accomodation for all of clerks. >> where does this stop, though? what about religious objection that maybe it's this clerk or another clerk who says i don't think that a couple that's been divorced, i don't think one of them should be remarried? does the clerk get to say i'm not giving you license for that? >> well, in this particular case, no one doubts her sincerity, no one doubts the collision -- >> i know. sir, matt, excuse me, i don't doubt her sincerity either, but i'm asking where else does this extend? if she says she has a moral and religious objection to sail-sex marriage, it raises the question, does she have a moral and rel

. >>> more breaking news this morning, kim davis the kentucky clerk once jailed for refusing marriage licenses to gay couples, she said she met the pope. breaking overnight, the u.s. pulling its sides from china t. identity at risk of being exposed after a hack attack. we are live. good morning, welcome to "early start." >> good morning. >> i'm christine romans, it's wednesday, september 30th. it's 5:a.m. in the east. just a few hours ago, the state of georgia executed female death row inmate kelly gissendaner for orchestrating the murder of her husband in 1997. she had three unsuccessful appeals to the u.s. supreme court and pleas of mercy and from our pope francis, martin satisfy annuvage has the story. >> prison officials put the 47-year-old convicted murder's execution on hold to let the legal process run its course. >> she was very strong and she was very assured in whatever the process weighs going to be and she handled herself with poise that was just beyond belief. >> but when the last court turned her down, time and hope ran out. her own children begged a parole board to comm

and it's how edward jones makes sense of investing. >>> kim davis, the kentucky clerk who became therod for refusing to issue same-sex marriage licenses told abc news the issues are hard to deal with. >> i have been called hitler and homophobe. i have been called names that i didn't say when i was in the world. those names don't hurt me. what probably hurts me the worst is when someone tells me that my god does not love me. >> davis has said issuing licenses to gay couples would violate her conscious and go against her religion. she was jailed this month and released on a judge's order to do nothing against her deputies issuing. >>> and james blake going head-to-head with the commissioner and mayor of new york city. blake said the sit down was productive and that both heard his plea for greater police accountability. >> we are not looking for a quick lawsuit. we are not looking for anything that's going to be a quick and easy solution. we are looking for lasting positive impact on the city and on the police force. >> blake called for the officer who tackled him to be fired, but says

but in this case, the governor of kentucky had the opportunity to exempt any clerk who had a conscientiousection to participating in someone else's same-sex marriage. but rather than take that opportunity which is his duty under kentucky law, the governor just ran roughshod over all the clerks' rights and said issue the licenses under my command. >> don't the people get to decide this? that's the important part here. was kim willing to accept the accommodation or a different job so she didn't have to participate in a new statute that shift herd job description? >> well, kim davis asked the legislature to take action on this issue well before the supreme court's decision in june. she did it within weeks of becoming elected. so this wasn't a spur of the moment decision for her not to issue licenses. the fact is, she was elected to the rowan county clerk office. and she is doing a great job for rowan county. marriage licenses are less than one tenth of one percent of what she does there. like all persons under kentucky law she's entitled to an accommodation for her conscience. the governor co

don champion reports that drone was caught on camera. >> reporter: some fans at the university of kentucky's commonwealth stadium spotted the drone in the air moments before it crashed. the university says a student was flying the drone when it went down on the suite level of the stadium saturday night. >> we were fortunate it land idea it did. >> reporter: school officials say police quickly spotted the student who was flying the device. no one was hurt. this is a photo of the drone after the crash, and this picture shows it in the air above a crowd of thousands just before kickoff at the football game. >> something bad could have happened. we are fortunate it didn't but that is why you can't have them near the stadium or on game day. >> reporter: the incident is the late nest a string of drone encounters this we can. last week a drone crashed during a match at the u.s. open in new york city. no one was hurt but the drone briefly delayed the match. don champion, cbs news, new york. >>> a university spokesperson says the school has talked to the student and police are now considering what st

. >> hear from the kentucky clerk marriage battle. >> this is a live picture the airport where the pope boarded his plane and will depart for washington, d.c. he is due to arrive in washington at 4:00 this afternoon. join the millions who have already switched. we switched. and now, we're streaming netflix. who knew time warner cable's internet was so fast! mom switched. and now, we can watch our favorite shows together, on demand. i switched. so i can connect to the internet just about anywhere with my free twc wifi hotspots. join the millions who switched to time warner cable. for $89.99 a month, you'll get 100meg internet, and hundreds of hd channels. you'll also get unlimited calling across the u.s. and 34 other countries around the world. call today. i switched. now i have a free app that lets me watch tv whenever i have the time. for $89.99 a month you'll get tv, internet and phone. and if you call now, there's no risk, no contract, no catch, no kidding. i switched to time warner cable and knew exactly when they were coming. thanks to their one hour appointment window. switch to t

the legislature of kentucky. they passed a law saying the clerk has to do certain things. in order to accommodate her you would have to go against existing law in kentucky and let anybody in the office sign the certificate. >> it's not a simple story. >> no, it's not. >> it's not a reasonable accommodation issue. >> thanks for making that clear. still a lot to understand though and the presidential candidate, governor mike huckabee and senator ted cruz visiting kim davis in jail and you'll hear from him live at 1:00 p.m. eastern time on cnn. coming up next, what were the so-called stunning flaws in the prosecution's case against amanda knox that finally got her murder case tossed out of court? the italians are finally making it known from the highest level how bad they were to her. wait until you hear what they said. before earning enough cash back from bank of america to buy a new gym bag. before earning 1% cash back everywhere, every time and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the

but our top story is the kentucky county clerk who has a little bit of an issue with doing her job which entails giving out marriage licenses to the gays. >> why are you not issuing marriage licenses today? >> under whose authority are you not issuing licenses? >> under god's authority. >> larry: pardon me. i thought you were going to say the sports authority. ( laughter ) the camping department won't let you get married. they just think you're going to ruin all their camping equipment. okay, so she stood her ground, the judge put her in jail, and she sent out her lawyer to let us know her demands. >> number one, she has no intention to resign. she will continue to serve the people of rowan county as she has done for so many years. and number to, she will never violate her conscience and never betray her god. >> larry: okay, that is a serious number two. ( laughter ) ( applause ) you need to sit for a long time to come up with the somebody-- whatever works for you, kim davis. anything else we can do to help your interpretation of how our society functions? good lord, since when do federa

the the governor of this state, of kentucky should be ashamed. it should have been the leaders at the highest levels of elected governance that should have said to the court. this is law you have written, it has no boundary or fact in historical precedence. it denies natural law. every time the supreme court history went against natural law, they suffered the consequences. vivid examples would be the scott decision, the ilunfortunatelyious court of abraham lincoln's day said blacks were three fifth human and could be bought and sold. we know what that led to. abraham lincoln had the courage to say i will not enforce that law, and it resulted in the civil law. as recently as the 1920s, the esteemed jurist said that kerry buck was an imbes il. and gave the state of virgin licence to formally sternize her and 20,000 other women, it was cited by the nazis during the trials as evidence that you can follow the dictates of the government. if they say it's law, you have to obey it, no one gives credence to that law any longer. it denies natural law, she h

judge bunning senlt kim davis directly to jail from the courtroom. kentucky'sunior senator rand paul said this. >> i think it's absurd to put someone in jail for exercising their religious liberty. even those on the other side of the issue, those who want to support a new definition for marriage i think it sets their movement back because it is seen as the federal government will come in with bully force and here, even with police power and incarcerate people who disagree or still believe in the traditional notion of marriage. >> republican presidential candidate mike huckabee tweeted kim davis in federal custody removes all doubts about the criminalization of christianity in this country. we must defend religious liberty. republican presidential candidate ted cruz said i stand with kim davis unequivocally. i stand with every american that the obama administration is trying to force to choose between honoring his or her faith or complying with a lawless court decision. republican presidential candidate lindsay graham said this on msnbc. >> this supreme court ca

>it has been a secret until now but kim davis, the kentucky clerk who went to jail for denying marriage licenses to same-sex couples, went to the vatican embassy for a meeting with the pope. >> many thought that the pope struck the right chord between liberals and conservatives. live television cameras captured almost every minute of the pope's u.s. tour. but one meeting with a very controversial figure was definitely out of the spotlight. >> it was really very humbling to think that he would even want to meet me or know me. >> reporter: kim davis, the kentucky clerk who refuses to give marriage licenses toecaps saps, the vatican now confirms that she was invited to a secret meeting with pope francis in washington last week. >> i put my hand out and he grabbed it, and i hugged him. and he hugged me. he said thank you for your currently. >> kim davis and her husband agreed to keep the encounter a secret until after the pope left. but she says that she met with francis for 15 minutes, and he gave her these two roseries. he defended religious freedoms, including on the plane leaving americ

little rock you got some rain to the north if you're traveling north of the town and it will spread to memphis and areas of kentucky and late today in areas of mississippi. this is a 48 hour rainfall. we need the rain in new england and should get it starting tomorrow throughout the day and friday morning. the possibility of one to two inches, and that's the first significant rain in a long time. the other story today is that california once again and we all know about the big drought there, a heat wave for areas like los angeles. we're going to be near 300 three days in a row. >> get ready. >>> three came out for support of the iran nuclear deal. now, they're able to block the passage of a resolution against iran. it would limit the ability to reduce for linking the sanks. >>> gray suffered a severe spinal injury while in custody back in april. he died a week later. the family will receive 2 to the 8 this year and 3 next year. we will have more on msnbc, and you don't want to miss that. >>> if you love oysters they say that it's linked to what causes stomach flu. so now you know. >>> ben carson getting weep pi the

. >>> the kentucky clerk in jail for refusing gay couples the right to marry. making a new appeal and getting high profile support. good morning. welcome to "early start." i'm alison kosik. >> i'm john berman. it is tuesday, september 8th. is this the sign from biden that some democrats have been looking for? the sign that he is running for president. in pittsburgh, he was undoubtedly running. running along a parade route, at least. the vice president radiated energy as he marched in the city's labor day. senior political correspondent brianna keilar with the latest. >> reporter: good morning, john. as candidates fanned out across key states, it was vice president joe biden in pittsburgh who gave a fiery speech to union members with populous undertones. he talked about how college should be free. he railed against trust fund babies and what sounded suspiciously like a stump speech. >> i'm mad. i'm angry. how many people in your own neighborhoods? how many people in your own neighborhoods are in trouble? can look their kids in the eye and say, honey, it's going

the last 15 minutes. msnbc's sarah dallof is in kentucky. update us on when this was approved for her release and when we might see this cakim da emerge. >> reporter: when she might emerge is the big question. her lawyers didn't know ten minutes ago. the order is coming as a surprise to a lot of people. the court back in session today following the long holiday weekend. i had a chance to read through the order and in it the judge said the plaintiffs filed a report as requested by the court stating that yes in fact they were able to obtain marriage licenses, from the deputy clerks who began issues them on friday. because of that, the order says the court is satisfied, the office is fulfilling its obligation to issue licenses to all eligible couples, and that they now are ordering the release of kim davis. she still is ordered not to interfere with the issuance of licenses, essentially her attorney says this is putting us back at square one that while the deputies are still issuing these licenses they contain davis' name and title. she sees tha

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the license. not like in kentucky where the employee can block anybody from issuing it.is a live political question. >> yep. >> the big question now is this a turning point, will people rally to her and it gets bigger or a dead end action. i would bet on the latter. josh barro thank you. >>> how one horrifying image may have awoken the world to the refugee crisis in europe. that's ahead. that's not the ground leo put that down when your day goes on and on, you need 48 hour odor protection that goes on clear for no white marks. secret outlast clear gel. >>> the fact there was no more space did nothing to stop those struggling to reach the train doors. children were passed overheads. and then through windows. others waited patiently, bewildered and confused. >> it's the worst refugee crisis in europe since the second world war. footage today showing refugees and migrants desperate to board a train they hoped was bound for germany. the train was later stopped by police and the people on board told they were neither going to germany nor austria. at one point a migrant family

. >> now a private meeting with pope francis and the kentucky clerk who refused to issue marriage licenses to same sex couples. for the first time she is talking about how it happened. we are live now in new york with more details. >> reporter: well sara, so far the vatican is not answering questions about this meeting but according to kim davis, they met for about 15 minutes and she says she was honored and humbled to meet the pope. >> from d.c. to new york and philadelphia, we knew pope francis kept a jam packed schedule, squeezing in unscheduled stops along the way and now we learn there was an unannounced visit with kim davis. >> i had tears coming out of my eyes. >> the kentucky clerk that spent six days in jail for not issuing marriage licenses, says that she and her husband met the pope in washington after receiving an invite from the vatican. >> i put my hand out and he grabbed it and i hugged him and he hugged me and he said thank you for your courage. >> davis is back at work but still refusing to issue any marriage licenses with her signature, a position pope francis issued supp

he's the suspected gunman in yet another shooting death. this time was a kentucky state trooper who lost his life. we are confirming that man has been taken into custody. the person who is suspected of take it away is in custody. we have more on that, breaking news moment away. eric: a california wildfire explodes into an inferno. >> it's utter chaos. eric: thousands of people are trying to escape even driving through a wall of fire seeking safer ground. martha: iran's supreme leader just released an isis-like propaganda video that threatens america. is this what we are dealing with on this nuclear deal? eric: a shocking poll that shows donald running neck-and-neck with hillary. we'll look at hillary's ever-changing narrative on that server. but first donald trump taking aim at dr. ben carson. >> i don't think ben has the energy. ben is a nice man. when you are negotiating against china and these japanese guys. we need people who are really smart and tremendous deal making skills with great energy. i was diagnosed with lung cancer. as a firefighter approaching a fi

but it could come from the commonwealth of kentucky, for example and they just process it like they door a deed. >> how would that change take effect. the legislature isn't back until january to make any changes. >> well, the governor has already amended the marriage certificates after the june 26th hearing. the ruling by the supreme court. and the governor can do this again. we've asked the governor to do so. but he has refused to do so. they could call a special session but that hasn't happened. there's a number of easy fixes. teen president of the senate asked the judge to delay this hearing because he says the marriage laws in kentucky are shredded and the general assembly needs to come back and reconvene. it's not just the issue of same-sex marriage but when this opinion came down it affects a lot of the kentucky marriage and domestic laws so the president of the senate issue ad brief saying don't proceed with this contempt hearing, give the general assembly time. instead of jailing kim davis who is doing her job and is someone who should have her conscience accommodated the judge

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