Therefore Davis is not just following her conscience. She is following the law.
KY *had* a marriage law, but it was declared unconstitutional by the USSC. Therefore the law they had before was null and voice. But they haven't any replacement law. The KY legislature has not passed another law, nor can the USSC do so, as they are a court, not a legislature.
So as I understand it (I suppose some lawyer could call me wrong) here is now no legal provision for anyone to issue anyone a marriage license in KY.
So David was doing exactly right by issuing no marriage licenses to anybody, and declining to authorize he deputies to do so; though she did not herself explain it in terms of KY being without any law providing for civil marriage.
Every County Clerk in the state ought to refuse to do what they have actually no legislated authority to do: issue licenses for something no longer provided on the state level.
Spot on article!
I will be here Tuesday at 3:00 PM ET....Ya’all come on over...
Kim Davis supporters have been calling, emailing, and using social media to ask, “What can I do to help Kim?” Liberty Counsel has already heard from pastors who are sending buses of supporters to the rally on Tuesday. If you are near Kentucky, here is a great opportunity to stand against judicial tyranny and the unlawful imprisonment of Kim. Join us on Tuesday, September 8, at 3:00 p.m.!”
Tues., Sept. 8, 2015 at 3:00 PM ET
Carter County Detention Center
13 Crossbar Road, Grayson, KY
First Things has been rather disappointing since its Founder died. I was a subscriber until then. Your brief comment certainly makes a lot more sense.
I am not a lawyer, but in my opinion, you are 100% correct, Mrs. Don-o.
I'd advise everybody to download a copy of "Uncle Tom's Cabin" and either read it, if you haven't already, or re-read it, as the case may be. You will come away with a better understanding of Kim Davis and what she's about.
If she is refusing certificates to homosexuals based on the Bible, why does she provide certificates to anyone? Marriage that is government approved is not Biblical, and marriage that is Biblically approved is no business of the government.
My reasoning is based on a pretty simple argument.
It's not as simple as just a ordinary case of civil disobedience where punishment is meted out and one accepts that as the price you pay.
While all that is true in this case, she does have the protection of the Constitution on her side. She should not have been arrested and detained, but the judge wanted to make a example of her. A fine, he apparently has concluded, would have been paid for by donors.
IMO, the SCOTUS decision on it's face is unconstitutional because it infringes on the free exercise language of the Amendment and the Bill of Rights...
In the past, the only issue that arose was the conscientious objector to military service and this was dealt with by compromise.
On this new objection, all compromise has be rejected. So that is not the purpose of her arrest.
The purpose of her arrest is intimidation! To strike fear into the hearts of Christians and anyone objecting to giving this special status to gays, and now tranny's want theirs too..
I have to stand against that....It is my duty as a citizen to do so. And that is how she sees this as well.
The author is wrong. Ms. Davis greatest threat is to the I station that the left uses to dictate its will upon us, that is she threatens the hegonomy of the blacked robed Marxist tyrants on the supreme court. We as citizens must say no to the unconstitutional decisions of the Supreme Court and going forward demand that congress remove constitutionally decision making authority from the SCOTUS. An authority not granted by the constitution but one usurped by Marshall’s court. Say no to tyranny. Say no to the SCOTUS unconstitutional rulings.
Ok, fair enough.
I want all Progressive Liberal mayors of major U.S. Cities that are "sanctuary cities" to be arrested for not enforcing the law.
Further, I want all Progressive Liberal mayors of any sanctuary city to be charged as accessories to any crimes committed by criminal, illegal aliens and put on trial.
Can't have it both ways, Libtards. You can't argue to enforce a law you agree with, while arguing to not enforce a law you don't agree with.
When the backlash starts, it's gonna be a real bitch.
You are incorrect. The SC did not declare the entire Kentucky state marriage law unconstitutional, only the section that defined marriage as the union of one man and one woman.
Could be great news - I’ve heard her lawyer is a good one and it would be nice for our side to hand one back to the tyrants that are called “judges”.
Thank you, thank you. I have changed my mind on this. I did not realize that she was refusing to issue ALL marriage licenses because the term “marriage” has been eviscerated of any legal meaning. This clarifies things a lot for me. I think she did the right thing.
Yes somehow the defense attorney, the judge, and the entire bar of Kentucky managed to miss that, huh? Doesn't say much for their legal training, does it? </sarcasm>
“When the Supreme Court issued its decree, American civil law ceased to define marriage and instead became a law of civil unions, with the word “marriage” now having no real meaning.”
Civil unions are all it ever was to the state in the modern era, ‘gay marriage’ is only the latest and most impossibly ridiculous version of the state’s take on it. You can tell by how many times the state has changed it’s version of marriage, basically anytime judges, pols, or the voting majority thought the civil law should change. That isn’t marriage.
Freegards