Posted on 09/08/2015 2:35:00 PM PDT by SeekAndFind
More than 30 North Carolina magistrates so far have refused to perform weddings since the U.S. Supreme Court legalized same-sex marriages in all 50 states.
But they’re not likely to suffer the fate of Kim Davis, the Tennessee county clerk who was recently jailed for her refusal. It turns out that taking this position is legal in North Carolina, according to CBN.com.
Shortly after the Supreme Court’s June decision in Obergefell v. Hodges, which held that same-sex marriage is a constitutionally guaranteed right, the North Carolina legislature passed a law enabling officials to opt out of performing marriages altogether.
The law was designed to accommodate officials holding a “sincerely held religious objection” to same-sex marriage.
Senate President Pro Tem Phil Berger was the law’s original sponsor.
“It’s keeping folks from having to choose between their job and their religious beliefs,” he said. “I think that’s important.”
Berger added that there haven’t been any problems encountered with implementing the law so far.
“I think the law is working very well,” he said.
Yes and states should refuse to abide by any future federal & USSC rulings where the Constitution of the United States does not give them specific authority to rule in because it is a power of state not the federal government.
USSC Rulings as well as federal courts should be limited to specific case which are the Constitutionally given the federal government and not be instead creating general law by judicial fiat.
Kasich was on TV a few minutes ago {i was at my moms and saw it} saying gay marriage was the law of the land} What part of the United States Constitution does he not understand or has nor read? Marriage is not a federal licensed act nor does it fall under the authority of congress, federal courts, nor POTUS to oversee and rule on. No such power was given them. If they assume such authority and use it then they violate their sworn oath.
Besides, she's no longer held under contempt. The judge knows. Probably better than you do, since he released her today.
/johnny
2nd sentence.
They did no such thing. They issued an opinion. An illegal and unconstitutional opinion, but as every grade school kid knows, SCOTUS cannot legislate and legalize anything.
”… since the U.S. Supreme Court legalized same-sex marriages in all 50 states."
FR: Never Accept the Premise of Your Opponent’s Argument
Activist justices not only wrongly ignored the unique, constitutional Article V power of the states to establish new rights by amending the Constitution to expressly protect specific rights, but also consider the following.
The justices also stole unique, 10th Amendment-protected power to regulate marriage to legislate the fictitious right to gay “marriage” from the bench. (Justices did the same thing to establish the so-called right to have an abortion imo.)
And justices boldly established the so-called right to gay marriage outside the framework of the Constitution because they are undoubtedly confident that the corrupt, post-17th Amendment ratification Senate will not do its job to protect the states as the Founding States had intended for the Senate to do, in this case by working with the House to impeach and remove such justices from the bench.
The ill-conceived 17th Amendment needs to disappear, and corrupt senators and the activist justices that they confirm and then refuse to remove from the bench as well.
They already have.
http://www.catholicculture.org/news/headlines/index.cfm?storyid=17446
The Judge ignored all facts of law, and put a Christian in jail because of her beliefs.
No other reason.
2. Hard to say. The Gannett article says the House Speaker supports it, and he's a Democrat, too. The governor's comment was "I see no need to spend hundreds of thousands of dollars of taxpayers' money calling a special session of the General Assembly."
But Beshear repeated in a statement on Tuesday his well-established position — that Davis and only two other of Kentucky's 120 county clerks are defying the Supreme Court's ruling. "The General Assembly will convene in four months and can make statutory changes it deems necessary at that time. I see no need to spend hundreds of thousands of dollars of taxpayers' money calling a special session of the General Assembly," Beshear said.
-PJ
The thing is this — Kentucky ALREADY HAS a Law protecting people like Kim Davis which Beshear vetoed but was over-riden by the Kentucky legislature in 2013.
See here:
http://freerepublic.com/focus/f-news/3334537/posts
We have JoPs refusing in my county, as well, but so far a bizarre reluctance on the part of our legislators to pass a state law.
Just wibbly-wobbly verbal assurances that nobody’s gonna lose their jobs, and prayers that the homonazis will just make nice and take their demands elsewhere.
“Is there more than one county clerk named Kim Davis?”
You mean one from Tennessee AND one from Kentucky?
A poorly researched article.
I will ask you the same questions that many other have been asked: What Kentucky law is she changing? What laws is she violating? What law in Kentucky is on the books that permits her to issue licenses to same sex couples?
The Supreme Court cannot rewrite a law. They can declare a law unconstitutional, and make it unenforceable. But at that point, it is up to the legislature to pass a new law that can pass constitutional muster. Until then, no enforceable law exists. So Davis is actually quite right to refuse to issue any licenses until a new law specifying who qualifies for a marriage license in Kentucky, and the procedure for applying for such license. (Current law in Kentucky specifies that the female must be the one to apply for the license: wouldn't that prevent male homosexual couples from getting a license?)
Now understand I’m just playing Devil’s Advocate here, I do not believe marriage can be anything but a union between a man and a woman, but the Supremes are using the 14th Amendment to justify saying that same sex marriage is a constitutionally guaranteed right.
Suppose a state passed a law saying that black children had to go into separate schools, and white children in other schools, if only to get them a better education? The Supremes would use the 14th to strike it down. That fits the intent of the 14th.
The bottom line is the Supremes THINK they have the power to use the 14th in any case they decide, and use that part of the Constitution (that clearly wasn’t about Gays at all) to strike those marriage laws down.
So the whole legal system in this country does what they’re told. Judges issue warrants, cops arrest and apprehend. Fight the arrest and get beaten or killed. Ergo, it is law. They have the POWER to kill you—by proxy—if you defy them.
No one can defy them openly. We are already in a tyranny. The Revolution is either here, or we succumb to tyranny.
Probably a lot of people will bow out of government service, since it is no longer in sync with the Judeo-Christian framework.
The burning question: Who is going to run it? The hipsters? Yuppies? Anyone?
(Crickets chirping.)
I see Kentucky has overwhelmingly overridden Beshears Veto and passed Religious Freedom protection. If only Colorado wold put down the hash pipe and follow suite.
Premise is incorrect. The court can't legalize anything. What they said was the states can't restrict marriage. It still takes legislative action to change the laws to deal with marriage actions.
“It’s not enough to take yourself out of the situation, it’s embrace 100% or be vilified as an enemy when you’re dealing with activists.”
YOU MUST LIKE US.
We are not going to permit queer “marriage” in this country. It is going to be stopped cold.
SCOTUS does NOT pass laws. The SCOTUS created perversion marriage out of whole cloth just like they did on abortion in 1973. SCOTUS IS OUT OF CONTROL.
Apparently they did
“Religious Freedom Act of 2013 Edit
In March 2013, both houses of the Kentucky legislature passed the Religious Freedom Act which requires the state to show “clear and convincing evidence” for any statutes or policies that infringe on an individual’s “sincerely held religious beliefs”.[a] The bill was supported by the Kentucky Family Foundation and the Kentucky Catholic Conference. More than 50 civil rights, public health, religious and other community groups urged Governor Steve Beshear to veto the legislation, including the Kentucky League of Cities, the Kentucky Association of Counties, the Kentucky ACLU and the mayors of Louisville and Covington. Opponents argued its wording was vague and could be used to override local non-discrimination ordinances. Supporters, including the bill’s sponsor, Representative Bob Damron, argued it was needed to protect religious believers from state encroachment, citing the case of several Kentucky Amish who were arrested for refusing to put reflectors on their buggies when traveling government-maintained roads. Beshear vetoed the bill and the legislature overrode his veto by votes of 79-15 in the House and 32-6 in the Senate.[27]”
“Her only recourse, honestly, is to resign and find a job that doesn’t require her to do unholy things.”
See Post #17.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.