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What Hill Do We Die On, Then? (Kim Davis and Religious Liberty)
American Conservative ^ | SEpt 4, 2015 | Rod Dreher

Posted on 09/04/2015 4:15:38 PM PDT by yongin

have said these past couple of days that as gay rights and the ideology at its heart continues to conquer our culture, I expect us small-o orthodox Christians to have to take a hard, sacrificial stand against the state and society, for the sake of religious liberty. Kim Davis’s situation, I’ve said, is not the hill to die on.

The reason for this is certainly contestable, but here it is, in a nutshell.

1. Kim Davis’s position is unwinnable. Nobody seriously expects her to get gay marriage overturned, or even to succeed in carving out a special zone of protection for public officials who, for reasons of conscience, refuse to carry out lawful decisions of the courts. Even if we believe that the Obergefell decision lacks moral legitimacy, there can be no doubt that as a matter of legal procedure, the Supreme Court’s decision is the law. Our side lost that battle decisively. Kim Davis’s stance, while it may be personally courageous, is going to result in another defeat, because it cannot be otherwise in our system. The only point of backing it is to flip the bird to the state and to the broader culture — something I have great sympathy for, but it’s a pointless gesture that can only hurt us in the battles to come.

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


TOPICS: Culture/Society; US: Kentucky
KEYWORDS: homosexualagenda; idiotauthor; kimdavis
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To: yongin

Has Dreher gone over to the dark side?

I know he is a mess because he was abused by priests when he was young.

But this?


61 posted on 09/04/2015 5:40:28 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: W.

“It’s not what hill WE die on, it’s what hill we make THEM die on.”

Gen. Patton was well-known for saying something very similar to that. We could sure some men like that today.


62 posted on 09/04/2015 5:41:14 PM PDT by beelzepug (liberalism is not...a political philosophy. It is a stage of arrested emotional development.)
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To: yongin

Two Words: Thomas More

http://www.americancatholic.org/Features/Saints/saint.aspx?id=1422

Dreher, as a graduate of Catholic schools, should know this.


63 posted on 09/04/2015 5:43:26 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: greene66

What nerve of weakness was struck, it is to wonder. Well maybe it isn’t. I think the welcome mat was woven beginning many years ago when the sanctity of normal marriage began to be flouted. Sexual liberation. None of that fuddy duddy commitment stuff and it sounded so hip, so up to date, so witty, so wise. Till today we could hardly think of it being any other way.

If it becomes okay to dump your trash in the street, then exactly what is in that trash becomes an almost academic exercise.


64 posted on 09/04/2015 5:43:29 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: yongin

Kim Davis’s position is unwinnable.

Wars are won by many small victories.
It is actually a victory that she was put in jail.
That is the sort of thing that can finally wake up some Americans that have not been paying enough attention.


65 posted on 09/04/2015 5:43:33 PM PDT by 48th SPS Crusader (I am an American. Not a Republican or a Democrat)
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To: 48th SPS Crusader

The conventional rules are being ripped away.


66 posted on 09/04/2015 5:44:15 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: yongin

I disagree. The gay marriage imbroglio is of immense importance. It will define our Republican form of government. The federal government has no jurisdiction with respect to marriage. This is brought strikingly clear in the Davis case. Clerk Kim Davis has undressed the district court judge and he knows it. While he can assume the role of a tyrant and illegally throw her in jail or fine her, he can not issue a legitimate marriage certificate, he knows it, and therein is his dilemma. Only states have legal jurisdiction with respect to marriage matters. Clerk Davis is the duly elected clerk of Rowan County, Kentucky and derives her authority from the citizens of Rowan Country. She remains the Clerk and the tyrant judge can not remove her from office, and he can not order her under duress to issue lawful marriage certificates. Furthermore, none of her underlings can do so either, since she has not authorized them to do so. Thus, the marriage certificates that are being issued now without her authority are null and void. I would conclude that the Davis case is where the federal government finally runs into the brick wall of federalism. Accordingly, this case has historic proportions not only on religious grounds but on state rights grounds.


67 posted on 09/04/2015 5:45:38 PM PDT by iontheball
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To: Lopeover

“It’s not the issue. Sorry, but it’s not.”

Watch him drop because of this “issue”.

His indifference is shameful and so is yours.


68 posted on 09/04/2015 5:46:18 PM PDT by right way right (May we remain sober over mere men, for God really is our one and only true hope.)
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To: azcap
They are right. Legally and politically speaking this is not the case to build our counterattack around.

Actually, I think this is a perfect case to build a legal counterattack on. The Constitution does not give the Supreme Court the right to legislate. Truly, their only function is to evaluate EXISTING legislation to determine whether it follows the Constitution (or other superseding laws). In this case, as many others have pointed out, no new law was legally made by the SCOTUS.

At best, they only struck down laws AGAINST gay marriage, but the SCOTUS cannot replace those laws of their own accord, so it is up to the states, then to create laws in compliance with the ruling. Until then, THERE IS NO LAW. Neither Kentucky, nor most of the other states in the union, have any laws outlining how gay marriages will be handled. Therefore, The clerk is not violating any existing law, because THERE ISN'T ANY.

This is, in truth, a very important clarification of the Constitution and the SCOTUS's defined role. If this action toward the clerk is allowed to stand, if a SCOTUS ruling is allowed to MAKE law, then a new power has been granted to them that they never officially has since our beginning, and COngress has been reduced to virtually nothing.

This is very much a legal hill to die on.
69 posted on 09/04/2015 5:49:30 PM PDT by fr_freak
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To: iontheball; Nep Nep

It’s been complained here that Davis has not voiced this distinction. And that’s a valid concern and surely she is going to have no lack of advice over the next several days.

Even yet, people are going to instinctively know this is a shanghai move of proportions unlike the era of racial liberation, which most people knew in their heart of hearts was at least theoretically fine.


70 posted on 09/04/2015 5:49:39 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Hugin

These poor languishing couples—these poor desperate Romeos and Juliets, or... or Romeos and Benvolios, or Juliets and their Butch Nurses....whatever!

They can drive for 15 minutes over to the next damn county and get their licenses.

Case closed!


71 posted on 09/04/2015 5:54:36 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: beelzepug

Isn’t that the truth. We need some new heroes like our old heroes. We need another four-star, and all there is are foreskin flickers. Ew. ;)


72 posted on 09/04/2015 5:55:21 PM PDT by W. (Get a rope. Now.)
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To: W.

Well, you have to be one of the original FReepers.....and I’m a late bloomer 2 years after.

Can’t believe we’ve been here that long!


73 posted on 09/04/2015 5:55:40 PM PDT by Guenevere (If the foundations are destroyed, what can the righteous do....)
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To: 48th SPS Crusader

You are a defeatist!


74 posted on 09/04/2015 5:57:10 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: 48th SPS Crusader

Sorry—that should have been addressed to youngin.

Your post makes eminent sense.


75 posted on 09/04/2015 5:58:26 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: iontheball

You are correct, sir!


76 posted on 09/04/2015 5:59:47 PM PDT by miserare ( RIP Officer Henry Nelson, RIP Deputy Darren Goforth; RIP Lt. Charles Joseph Gliniewicz)
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To: Guenevere

I recall, back then, mouseovering your screen name would show your ranking in the joining order, mine was 84 or so. We’ve both been here a good long time, stuff like this is one of the things the internet is best for. I got online [not here] in 1995, when did you?


77 posted on 09/04/2015 6:04:28 PM PDT by W. (Get a rope. Now.)
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To: W.

March....’99


78 posted on 09/04/2015 6:06:14 PM PDT by Guenevere (If the foundations are destroyed, what can the righteous do....)
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To: Moorings

I dont think it will be ten years before job applicants are made to state they approve of gay lifestyle. I think it will start in two years. At least for companies which are federal contractors.


79 posted on 09/04/2015 6:19:42 PM PDT by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: Guenevere

Things online are so much different than they were 20 years back. I swear I reached the end of the internet more than once back then. Best thing now is the staggering amount of information available at one’s fingertips, but as Ronaldus Magnus once said—”Trust, but verify!” It’s like having the encyclopedia of the world at your beck and call. Wouldn’t it been cool to have this when we were kids?


80 posted on 09/04/2015 6:19:53 PM PDT by W. (Get a rope. Now.)
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