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What the oath of office means to clerk Kim Davis
Newsday ^ | 9-3-15 | Noah Feldman

Posted on 09/04/2015 7:37:31 AM PDT by formerRepublicant

What's in an oath?

That fascinating question arose as part of a crusade by Rowan County, Kentucky, Clerk Kim Davis to seek a religious exemption from issuing marriage licenses to gay couples. Before the U.S. Supreme Court put the kibosh on her claim, Davis in her legal brief argued that she understood her oath of office "to mean that, in upholding the federal and state constitutions and laws, she would not act in contradiction to the moral law of God."

Why? Because her oath included the words, "So help me God." Of course, the oath of office prescribed by the U.S. Constitution doesn't include those words. George Washington famously added them after taking the oath of office as president, and tradition has maintained them. Davis's claim, however, is nevertheless intriguing. It implies that obedience to divine law is somehow baked in to one's constitutional duties and obligations.

(Excerpt) Read more at newsday.com ...


TOPICS: News/Current Events; US: Kentucky
KEYWORDS: deadtroll; trolltard; trollzot; zot; zotmeagain; zotmehard
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1 posted on 09/04/2015 7:37:31 AM PDT by formerRepublicant
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To: formerRepublicant

Someone is doing some real good research for Kim Davis. I hope her lawyers are up to the task of defeating a just about totally corrupt Judiciary making decisions in favor of the bad guys.


2 posted on 09/04/2015 7:40:39 AM PDT by grania
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To: formerRepublicant

The author of this piece has no idea what he is talking about.


3 posted on 09/04/2015 7:42:19 AM PDT by Slyfox (If I'm ever accused of being a Christian, I'd like there to be enough evidence to convict me)
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To: formerRepublicant

A TN Judge made a ruling recently denying a divorce because of the USSC Gaystapo ruling.

In essence it goes like this: Since only the legislative body can make law and courts can only strike law not create it, and the USSC was not specific on striking sections of existing state laws, their ruling in effect struck all marriage laws in all states that had a prohibition on Fictional Marriages.

Arguably, until the legislators of those states create new laws and get them passed, there are no laws authorizing marriage in those states. Thus the Clerk was obeying the law as the Gov cannot make law and his order had no effect.


4 posted on 09/04/2015 7:44:02 AM PDT by Mechanicos (Nothing's so small it can't be blown out of proportion.)
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To: formerRepublicant

When she took that oath, it was BEFORE this “against God’s word” “law” went into affect.

So let’s slip down this slope further.

Let’s say a law went into affect that you could “marry” as many people or objects or animals as you wanted. Would she be obligated to do that, too?

The point is, this new “law” has now defined “marriage” as from the courts, not as defied by “God”; in a sense, the black robes have said that God does not exist. One cannot look at the bible and say some stuff happened and some stuff did not; it is either all TRUE or all NOT TRUE.


5 posted on 09/04/2015 7:45:06 AM PDT by CincyRichieRich (Trump/Cruz2016 or SUBUD/Amerika2016?)
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To: Mechanicos

A Nebraska trucking company fired a Muslim for refusing to drive a truck with a load of Alcohol. The DOJ sued the company for 200,000 and won, saying in part that they violated his religious beliefs.

This is really just an attack on Christianity (which was the intent of gay marriage in the first place (my opinion).)


6 posted on 09/04/2015 7:50:43 AM PDT by Vic S
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To: formerRepublicant

A clerk the media has a much different opinion of:
http://www.thetakeaway.org/story/county-clerk-who-made-history/
“Meet the Clerk Who Started the Same-Sex Marriage Revolution”


7 posted on 09/04/2015 7:54:45 AM PDT by mrsmith (Dumb sluts: Lifeblood of the Media, Backbone of the Democrat/RINO Party!)
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To: formerRepublicant
This is an attack on the first amendment. The Supremes will discover that the freedom of religion clause has penumbras.
8 posted on 09/04/2015 8:01:54 AM PDT by oldbrowser (The kangaroos have taken over the supreme court.)
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To: formerRepublicant
Let me get this straight. This article is saying that the Federal Supreme Court wasn't the one who created a religious test for office with their disastrous Obergefell ruling, no, it was KIM DAVIS who created the religious test of office, by uttering those words, "So Help Me God". Unbelievable, but entirely in character for collectivists who are consolidating their power, and preparing to remove Christians, whom they hate passionately, from every aspect of public life.

Maybe Obama's bosom buddy Jeremiah Wright was correct: maybe God will damn America. He sure has plenty of cause.

9 posted on 09/04/2015 8:05:58 AM PDT by backwoods-engineer (AMERICA IS DONE! When can we start over?)
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To: formerRepublicant

This is a good place and time to take a stand not only for marriage but against and evil corrupt federal government.

Hands down, in the whole, THIS federal government is the biggest threat to the life, liberty and property that Americans have ever faced. The people running the federal government today are the sons of Satan.


10 posted on 09/04/2015 8:12:59 AM PDT by grumpygresh (We don't have Democrats and Republicans, we have the Faustian uni-party)
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To: formerRepublicant
It's always cute when non-believing Leftists, who cheat, lie and steal, whine about Christians obeying God instead of human law.

They almost always try (in Alinskyite fashion) to hold us to what they believe should be our beliefs, while never having the faintest understanding of those beliefs.

11 posted on 09/04/2015 8:19:36 AM PDT by Dr. Thorne (The night is far spent, the day is at hand.- Romans 13:12)
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To: formerRepublicant

The issue goes to the heart of constitutional law.

Question 1: Did Kentucky pass a law legalizing same-sex marriage?

The answer is ‘No’

Question 2: When Kim Davis swore to uphold the law, which law is she referring to?

I believe it has to be the law of her state first and then of course the constitution.

But the law of her state does not legalize gay marriage. In what sense then is she not upholding Kentucky law?

As for the Constitution, where in that document does it say that just because 5 justices say so, something is now law?

Justices are not there to legislate.

Therefore, Kim Davis DID NOT VIOLATE ANY LAW and should be freed.


12 posted on 09/04/2015 8:24:45 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: All
Sorry Folks!

The OP will not be responding...


13 posted on 09/04/2015 8:29:11 AM PDT by shibumi ("Have you driven a Fnord lately?")
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To: Old Sarge; Darksheare; Col Freeper; WildHighlander57
"Clean up on Aisle 7!"
14 posted on 09/04/2015 8:34:37 AM PDT by shibumi ("Have you driven a Fnord lately?")
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To: grania

The problem is that we have a legal system that will arbitrarily ignored what it doesn’t like while elevating the art of word twisting and argument to arrive at the outcome it desires. The Supreme Court is a reflection of a judicial branch gone rotten. It should be like any tree not bearing good fruit cast into the fire.


15 posted on 09/04/2015 8:40:16 AM PDT by Maelstorm (America wasn't founded with the battle cry give me Liberty or cut me a government check!".)
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To: Vic S

First of all, it was Illinois. In that case there were two employees in question and in the words of the EEOC argument, “Everyone has a right to observe his or her religious beliefs, and employers don’t get to pick and choose which religions and which religious practices they will accommodate. If an employer can reasonably accommodate an employee’s religious practice without an undue hardship, then it must do so.” That’s the law, and Star Transportation made no effort at accommodation and simply fired the drivers.

In this case the subject is not an employee, but an elected official - one who despite a number of court rulings and direct orders refused to obey the law. Should the state go through the expense of holding a special session just to impeach her? Yesterday she said, “And if I left, resigned or chose to retire, I would have no voice for God’s word.” The people of Kentucky don’t pay her (three times the county median income) to preach, they pay her to be a county clerk.


16 posted on 09/04/2015 8:43:22 AM PDT by stormer
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To: SeekAndFind

There are lots of state laws on the books that are invalid and unenforceable. Federal law trumps state law.


17 posted on 09/04/2015 8:46:20 AM PDT by stormer
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To: shibumi

There are a few others here that have been popping up lately that should be meeting the same fate...hopefully soon.


18 posted on 09/04/2015 8:50:04 AM PDT by Las Vegas Ron (I stand with Kim Davis! I will not comply!)
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To: stormer

So why is Pot legal in Colorado?


19 posted on 09/04/2015 8:50:41 AM PDT by massgopguy (I owe everything to George Bailey)
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To: Las Vegas Ron; Old Sarge; Darksheare

Old Sarge, Darksheare and a few others of us have a “watch list” you might say.

THey all slip up sooner or later.


20 posted on 09/04/2015 8:52:04 AM PDT by shibumi ("Have you driven a Fnord lately?")
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