For a start, Kim Davis is a registered Democrat and has only recently become Christian. She went to church 4 years ago to satisfy a request of her deceased mother and was converted. She had not previously lived as a strictly orthodox Christian.
The position of county clerk is not a normal govt job where Davis can be fired if her superiors consider it necessary. She is an elected official. Meaning citizens of Kentucky elected her, and she can only be forcibly removed from her position if impeached by the Kentucky House of Representatives and convicted by the Senate. The Kentucky General Assembly does not meet until January 2016. So in the short term, Davis cannot be “fired”.
Now the issue of whether Davis is “breaking the law”. First there is the local situation.
Although the US Supreme Court approved same sex marriage, it did not change Kentucky’s marriage law or its forms, but invalidated the legislation limiting marriage to opposite sex couples. It is up to each state’s legislature to conform the law to the opinion.
Kentucky Senate President Robert Stivers filed a brief in Davis’s case, pointing out to the judge: “The Supreme Court ruling has completely obliterated the definition of marriage and the process for obtaining a marriage license in Kentucky. The General Assembly will be compelled to amend many sections of Kentucky law, not just for the issuance of marriage licenses, to comply with the recent Supreme Court decision.”
The brief pointed out that the Governor can call a special session of the legislature, or he could issue an executive order about the licenses to later be codified by the legislature during the 2016 session. A judge is not a super-legislature that can rewrite the law. Its debatable therefore that Kim Davis has broken the law locally.
Then there is precedent, from the other side of the coin. In 2004, Mayor Jason West of New Paltz, New York, directed city officials to issue marriage licenses to same-sex couples, which at the time was in direct defiance of New York State law. He was not jailed for his actions.
During the same year, San Francisco Mayor Gavin Newsom did the same thing, in defiance of California state law. He was not jailed.
A Montgomery County, Pennsylvania official decided to buck state law in 2013 and began issuing same-sex marriage licenses. D. Bruce Hanes was not jailed for making his own state laws
The left considered these people “heroes” for boldly going against the grain and doing what they felt was the right thing to do. So their calls for jailing people who disobey “the law’ are apparently made on a political basis.
Then there is the federal perspective. I’m a great admirer of Constitutional lawyer Mark Levin. While some are arguing that Davis is trying to nullify the rule of law, Levin points out that her religious beliefs are protected by the first amendment and that it is the Supreme Court that is nullifying the rule of law, not Davis.
In Levin’s book “Men in Black” he attacks the Supreme Court for overriding the Constitution, and his defence of Davis follows that same thought pattern. Levin says
“We have in this case five justices, four leftist Democrats and Justice Anthony Kennedy, who’s been on this gay marriage agenda now for well over a decade,” Levin contended. “We have them perverting the 14th Amendment, defying the history of the 14th Amendment, their opinion is absurd. And now anybody in an elected position, or a position of authority, who got there before this decision is now going to have to uphold this decision even if it defies their faith?” Levin asked. He continues-
What they mean is, not the rule of law, but rather that you will accept the fate of this nation as dictated by the left or you’re going to be punished. That’s what they mean as they try to institutionalize and enshrine their leftist agenda into the law so they can use the law against the law-abiding.
Just because a court issues an opinion doesn’t make it lawful. Just because a president uses his pen and his phone doesn’t make it lawful.
Tyranny comes in many forms. How can it possibly be that the law of the land that these judges swear to uphold, the law of the land under which they have whatever authority they have, can be abused by them and then we are forced to live by the law of the judiciary?
The court had no business whatsoever getting into this issue of same-sex marriage. NONE! And that’s why we have a problem in Kentucky. Not because of the lady in Kentucky, but because of Justice Kennedy and the four other justices. That’s why we have a problem in Kentucky!
Not because of the Federal Constitution. Not because of any State Constitution. But because of five justices who acted outside the law, who violated the law, and now we have people saying ‘follow the rule of law.’ Really? What they really mean is follow the rule of Anthony Kennedy. And of course the lower courts are going to enforce this.
Presidential candidate Ted Cruz is also a Constitutional expert, and he too has a view that supports Kim Davis’s actions. Cruz labeled the arrest as “judicial lawlessness” moving into “judicial tyranny.”
Cruz described the Supreme Court’s twisting of the definition or marriage, King v. Burwell, without any vote from the people or any votes of their representives, to meaning something other than a bond between one man and one woman, as “five unelected lawyers declaring themselves the rulers of 320 million Americans,” and “called the decision “fundamentally wrong.”
In June, Cruz, reacting to the Supreme Court’s decision to change the meaning of marriage, called the justice’s voting for the move “rogue Houdinis,’ saying that if they want to make new laws, that they should resign immediately from the judicial branch and run for Congress.
Lastly, there is the political activism of the Judge who jailed Kim Davis. The suit against Davis was originally filed by the ACLU, an organisation that in most cases uses false and perverted concerns with “liberty” to propagate Communism. District Judge David Bunning also found for the ACLU in an earlier case. Bunning ordered the allowance of a homosexual club on the local university campus, despite the fact that he had no jurisdiction to do so. Parents had previously overwhelmingly spoke out against the club.
Bunning also required the school district to implement training as part of a settlement, which mandated school staff and students to undergo diversity education, “a significant portion of which would be devoted to issues of sexual orientation and gender harassment.”
However, a number of students objected to being forced to watch a pro-homosexual video. They discovered that they could not opt-out of the training without being penalized, and contacted the legal organization Alliance Defending Freedom (ADF) for assistance.
ADF then sued the Boyd County Board of Education over the matter on behalf of student Timothy Morrison and his parents, who said that the re-education requirement “effectively forces the students to speak in agreement with the school district’s view that homosexuality is a safe and healthy lifestyle that cannot be changed.”
But in 2006, Bunning again ruled that the students must watch the video and could not opt-out because of their Christian identity, stating that the education “rationally related to a legitimate educational goal, namely to maintain a safe environment.”
So, I offer the above in defense of Kim Davis, and as a side to the matter you will not read in the MSM or unfortunately at Kiwiblog, where Mr. Farrar cheered for her punishment, and that cheer was echoed with much enthusiasm by the self professed “liberals” who proliferate there. One even calling Kim Davis a “fascist bigot” when its abundantly clear that if there is any such instance in this case, it the Progressive state acting well outside its jurisdiction in the jailing of a citizen in contravention of her Constitutional rights.
So it is not as easy as jailing or sacking someone. The US is a Constitutional Republic, not a socialist democracy. Its founders knew about liberty. Much more than those ignorant so called progressives and liberals who have apparently corned the market on the issue today, at Kiwiblog and so many other places.