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to Section One | to Arts & Entertainment
posted Friday, September 11, 2015 - Volume 43 Issue 37
Band sues Kim Davis and Mike Huckabee for using their song
Ted Cruz fails to crash the party
Section One
ALL STORIES
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Band sues Kim Davis and Mike Huckabee for using their song
Ted Cruz fails to crash the party

by Mike Andrew - SGN Staff Writer

The band Survivor has filed a $1.2 million lawsuit against Rowan County Clerk Kim Davis and former Arkansas Governor Mike Huckabee for using their 1982 hit song 'Eye of the Tiger' at a rally when Davis was released from jail September 8.

Rally organizers blasted the song through huge speakers as Davis walked out of Carter County Detention Center to join Huckabee onstage. The song became a hit after it was used in the movie Rocky III.

'The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics,' band co-founder Jim Peterik told Billboard magazine.

'I have contacted my publishers to make sure this usage is stopped immediately.'

Peterik co-wrote the song with the band's guitarist Frankie Sullivan who expressed his own outrage in a Facebook post:

'NO! We did not grant Kim Davis any rights to use The Eye Of The Tiger. I would not grant her the rights to use Charmin! C'mon Mike, you are not The Donald but you can do better than that - See Ya really SoooooooonnnnnnN!!!!!!'

Huckabee, a Republican presidential hopeful, organized and hosted the rally and seemed determined not to share the limelight with any of his rivals for the Republican nomination.

When Texas Senator Ted Cruz showed up uninvited, Huckabee's campaign aides physically blocked him from getting to the stage.

'This was our event,' Huckabee explained in an interview with Newsmax.

'My team put it together. We're the ones who recruited the people not only to be on the program, but we're the ones who coordinated the effort. We're the ones who secured the permits, the staging.

'We had no idea Ted Cruz was going to show up until the day before and he didn't call us, he called several other people on the program and asked about it. Of course anybody is welcome, it's a free rally. He can come. But he's not free to come to an event that we're putting together and invite himself on the program...'

Davis's deputy says he'll defy her
Davis was released from jail on the orders of U.S. District Judge David Bunning because marriage licenses were being issued to same-sex couples in her absence, thus satisfying Bunning's order to comply with the U.S. Supreme Court's Obergefell decision.

Five of the six deputy clerks who serve under Davis made it plain they would issue licenses to all qualified couples and Deputy Clerk Brian Mason began issuing them the day after Davis was taken to jail.

Mason, who has worked in the office about 18 months, told Reuters he had not spoken to Davis since her release but plans to continue issuing the forms even if she objects. As for Davis's supporters in the community, 'I've seen comments on the videos online, but I pay no attention to them,' Mason said.

Judge Bunning ordered Davis not to interfere with her deputies when they issued marriage licenses, but her attorneys have hinted that she will not allow them to continue to do so. Davis wants her name removed from the license documents so she will have no responsibility for sanctioning same-sex marriage.

'If [the deputy clerks] can issue licenses under someone else's authority ... Kim Davis would not stand in the way of that,' one of her attorneys, Roger Gannam, told CNN on September 8.

Meanwhile HRC demanded that Davis fulfill the legal requirements of her job as County Clerk.

'It is imperative that Kim Davis follow the law and allow same-sex couples to access their constitutional right to marry the person they love. Period.' HRC Legal Director Sarah Warbelow said in a statement.

'While Davis has the right to believe whatever she likes, as a public official she has no legal basis to refuse to follow the Supreme Court's ruling in Obergefell v. Hodges. The overwhelming majority of public officials across this country are following the law, and history will not judge her kindly. It's far past time for this needless ordeal to end.'

Majority says 'Do your job!'
A new poll shows that an overwhelming majority of likely voters think Davis should carry out the law as the Supreme Court interprets it.

Sixty-six percent of the participants in a Rasmussen poll released September 8 said elected officials should comply with federal court rulings. Only 26% said officials should be free to ignore court rulings because of religious objections.

The survey included 1,000 likely voters interviewed on September 6 and 7, and has a three-point margin of error.

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