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They are right. Legally and politically speaking this is not the case to build our counterattack around. The cases of the cake bakers and similiar private individuals who have had their religious liberties violated give us better ground. Kim Davis is a martyr. She should be honored, recognized and supported financial, morally and spiritually. More people need to step forward and put their values before their careers and personal freedom like she has done. That is how the moral war will be won but the legal war is not to be won with her case.

Huckabee will visit Kim Davis in jail next week. I respect Huckabee, but he did a bad job defending Kim Davis on Morning Joe this morning. Huckabee said the High Court ruling is unjust, and people should be free to ignore it. That does not make the case for religious liberty when the person is a govt official.

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.