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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
Kim Davis was given a harsh penalty to serve as an example to others. I’m heartened that at least one other Kentucky clerk has joined her in refusing to issue licenses. More, please.