America is dead. It's because a majority of “conservatives” think this way.
How many Clerks in liberal States issued Gay Marriage Licenses against the STATE LAWS, not a court decision but STATE LAWS, in some cases STATE AMENDMENTS TO STATE CONSTITUTIONS!
Remember Proposition 8 in KaliFornia?
I wonder how many liberal clerks were Imprisoned going against that..... Probably Zero, they just got a tiny welt on their wrist after their slap on their wrist....
Too complex for Donald Trump to understand. He thinks judges passed laws and we should only obey.
A real revolutionary there, not.
I see Kim Davis committing a true act of civil disobedience, and not shrinking from the consequences.
As somebody here on FR mentioned yesterday, what’s the difference between Davis’ choice and that of Rosa Parks?
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Finally, the First Amendment ensures that religions, those who adhere to religious doctrines, and others have protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.
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Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.
If the judge is going to cite the Supreme Court ruling, then where is this protection? Were there not other alternatives short of imprisonment that could have taken first, if they were serious about protecting the First Amendment rights, too, during all of this?
Furthermore, if we are to have a "rule of law" as the author suggests, then must stop judicial legislation and let the laws that rule us come from our representatives, not as edicts from a "judge."
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(5) There may be an initial inclination to await further legislation, litigation, and debate, but referenda, legislative debates, and grassroots campaigns; studies and other writings; and extensive litigation in state and federal courts have led to an enhanced understanding of the issue. While the Constitution contemplates that democracy is the appropriate process for change, individuals who are harmed need not await legislative action before asserting a fundamental right.
There is the judicial arrogance for all to plainly see. The country doesn't have to wait for the representative process to work, because these few judges have an "enhanced understanding" and know better than the rest of us.
The Separation of Powers doesn't apply to them, and the separation of powers didn't apply to Kim Davis when an appointed judge jailed an elected executive.
-PJ
If she has to resign, then that is a violation of the “religious test” clause of the U.S. Constitution.
The *ONLY* way for the FedGov to do what their doing is to pass a Constitutional amendment that:
1. Delegates to the Fed the authority to define marriage.
2. Vacates the “free exercise” and “religious test” clauses of the Constitution when they conflict with Fedzilla’s definition of marriage.
Anything else is *TYRANNY*.
The supreme court INVENTED a new amendment by claiming the constitution protects gay marriage and that gay marriage is a right
Kim davis was right to do what she did because the supreme court decision was a sham The supreme court’s job is NOT to create law, it is to uphold law- and the federal ‘law of the land’ is bogus and invalid because of this fact
Courts do NOT make law, and Kim therefore has NOT violated any legitimate law=- and infact she has UPHELD Kentucky law that says marriage is between a woman and a man only
What we are witnessing is judicial supremacy where the federal court believes it has the right to invent law, then enforce this unconstitutional law, and where the federal court and supreme court feel they are more important than natural law and state sovereignty
ONLY Kentucky has the authority to order Kim to issue licenses to gay couples should the state decide that is what she should do, or if the people of the state vote for gay marriage (California VIOLATED the will of the people several times by over-ruling the people’s votes against gay marriage!)
Federal courts have no right telling state clerks they should issue licenses because it is NOT the job of the government to do so, ONLY states have that right
It appears the conservative moment has many cowards that are unwilling to stand against evil.