As a preamble to the article we are about to get into regarding why Kim Davis is unConstitutionally in jail at the behest of a rogue judge not upholding the laws of Kentucky, I give you this: The law in Kentucky may be declared unconstitutional by some, but it is still the law on the books and without a federal law overriding it or the Kentucky legislature annulling it, Kim Davis should not be in jail for doing her job “by law”. She is a state official and bound by state law. If state and federal conflict, her duty is to her state. The only reason she is being targeted by the left is because of her religious beliefs. Kentucky’s governor should be racing to her defense but I suspect he is scared shirtless.
The same situation is going on here in Texas – Texas Law must be upheld. Since there is no federal law that has been Constitutionally addressed, considered, debated and voted on by Congress, the whole argument is specious at best, and definitely unConstitutional at worst. There is no endgame here, since the game never began! As a particular example, Prop8 in California was ambushed twice by an openly-homosexual Distric/Circuit court judge who went against the will of the people of California who overwhelmingly (in a liberal state, mind you) declared that marriage is defined as “one man, one woman.” The recent decision by the SCOTUS included three votes from the women, two of whom are homosexual, and the other who has conducted homosexual “marriages” who rightfully should have recused themselves from the argument, but didn’t, and that determined the swing to the left. The final decision should really have been 4-2 in favor of “one man, one woman”.
Allowing the Supreme Court, which is part of the Judiciary branch of the Constitution, to interpret the Constitution, which creates the Judiciary branch, is akin to allowing a fox to guard the hen house against foxes. The Judiciary creating “case law” is a clear violation of the separation of powers laid forth in the Constitution. The final arbiter of the Constitutionality of law is not the Supreme Court, but We The People, and the people have spoken clearly on this issue time and time and time again.
Davis, regardless of her political affiliation (Democrat) is deserving of our support as she is indeed (as Ed Straker rightly points out in the article) a prisoner of the State for refusing to do something in defiance of her religious beliefs. Pinch yourself: this is the United States we’re talking about here, not some Muslim hellhole where they throw homosexuals off roofs.
When Davis took her job, the definition of marriage was as it has been for millennia – one man, one woman. With their eyes wide shut, a slender majority of black robed men and women executioners have decided, in spite of all that is natural and obvious, that marriage is something that it is not and never has been. Davis, a Christian, is forced into a position of either cowing to political bullies or defying her God.
Good on her for siding with God. Our government is not only unjust, but immoral, a shadow of the government that was bequeathed to us. This nation was founded by those who fled Europe seeking relief from religious persecution. This Republic was founded upon the belief that God himself granted inalienable rights to His children that no government was to infringe upon. How far we have fallen, even from the greatness of Martin Luther King who was assassinated for his Godly beliefs:
“One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.”
~ Martin Luther King, Letter from Birmingham Jail
On now to Ed Straker and his piece from today’s American Thinker…
Kentucky clerk Kim Davis, a Democrat, was jailed for refusing to issue marriage licenses to homosexuals, citing her deep religious beliefs in objection. But since five justices of the Supreme Court have decided that homosexual marriage will be the law of the land, Davis has been jailed for her refusal to obey.
Davis has been portrayed as an obstructionist and a lawbreaker. Many Republican candidates like Ted Cruz have come out in support of her. Some who are against her, like Carly Fiorina, have said unsympathetically that Davis must either officiate gay marriages or resign.
But is Davis really breaking the law, or is it the Supreme Court who has violated the law? The 10th Amendment to the Constitution reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
The Constitution makes no direct references to giving the federal government the right to regulate marriage. The 14th Amendment states that people shall not be denied “equal protection of the law,” but the 14th Amendment was about race, not sexual orientation. Therefore, the Constitution says nothing about the federal government regulating marriage in regards to sexual orientation. Since that is so, under the 10th Amendment the federal government has no authority to legalize gay marriage and no authority to compel Ms. Davis to issue marriage certificates to homosexuals.
Now let’s talk about the 13th Amendment, which outlaws involuntary servitude. In other words, the government cannot force people to take specific actions. There are exceptions, for things like paying taxes, community service, and the draft, but generally speaking, the government cannot compel people to commit acts – it’s too much like slavery. Furthermore:
In more recent cases, the Supreme Court has defined involuntary servitude broadly to forbid work forced by the use or threat of physical restraint or injury or through law.
In other words, people generally cannot be forced to do something through threat of incarceration. That’s exactly what’s been done to Ms. Davis. The courts are violating the 13th Amendment to the Constitution by incarcerating her, to support their own made up right to homosexual marriage.
Liberals (and Republicans like Carly Fiorina) say that we have to comply with the “law,” but it is the courts that have become lawless. The courts are hardly infallible, having enforced slavery in the Dred Scott case, approved the internment of Japanese-Americans in prison camps, and approved other actions not permitted by the Constitution. It is important that we not fall for the liberal propaganda and clearly identify who the lawless are and aren’t.
Right now, it is Ms. Davis who is following the Constitution, and right now she is being persecuted for her religious beliefs. But because she is a Christian, she is being attacked. If she were Muslim, perhaps the media would be more sympathetic to her.
Ed Straker is senior writer of NewsMachete.com, the conservative news site.