Kim Davis, jailed by big govt Progressives for failing to think in “approved” manner

Kim Davis AffidavitI’m writing this because I feel there needs to be some comment on the issue outside the MSM conventional wisdom that asserts Davis is a redneck bigot who deserves to be behind bars.

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.



Categories: American Politics, Culture

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10 replies

  1. Nicely done synopsis Redbaiter. The behavior of the Left and its functionaries in the judicial arm are behaving in a manner very similar to the Nazis. Currently the blacks are doing their violent attacks on police that serves the Left’s purpose at societal destabilization. So How long before a homosexual group like Hitler’s SAs start into a similar pattern?

    In fact in a way we already saw some of that sort of thing. (Only it’s not a declared movement yet like BLM.) When California’s Prop 8 was being discussed publicly (it won 52% of the vote maybe because of the homosexual violence against known contributors to the proposition).

    Also,in that matter too we saw more evidence of NAZI-like functionaries at work. It took court action to nullify the law, and in that case, with the CA atty general refusing to defend it in court (and the voice of the people), it didn’t stand a chance. Those who refuse to acknowledge how that AG was behaving exactly like the NAZI functionaries did, then people have no knowledge of how that movement advanced.

    When Obama used “FORWARD” as his campaign slogan we were witnessing the call to advance on all Prog fronts, come hell or high water. And THIS case is precisely the kind of thing he meant.

    Liked by 1 person

    • Yes, Marxists are doing their best to fracture and destroy western society on so many fronts. The homosexual front being only one of them.

      It was Obama who said “I want you to get out there and get in their faces”.

      It was Obama who said “If they bring a knife, we bring a gun”.

      Se we see massive racial division, including violent attacks on whites, (blacklivesmatter) attacks on law enforcement agencies, civil disorder with riots and gang events, immigration laws ignored.

      All happening because Obama and his cohorts want it to.

      And the inept and incompetent Republicans do nothing.

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      • I have tried to discover what law Kim Davis has broken but I cannot find it delineated anywhere. In fact I do not think Davis has broken any law and has merely been jailed for contempt of court- ie refusing to do as the “judge” instructed her.

        The Constitution lays it out pretty clearly. The very first words, after the Preamble, are these “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

        So a Constitutionalist would say the key word here is “all”. If ALL legislative powers have been vested in Congress, how many legislative powers does that leave for the Supreme Court? Nil. The Supreme Court does not have one milligram of legitimate authority to write, overturn or amend law.

        So the Suprme Court cannot overturn the Defense of Marriage Act (DOMA), which was passed by overwhelming and bipartisan majorities in both houses of Congress, and signed into law by a Democrat president, Bill Clinton.

        DOMA makes it clear that defining marriage belongs exclusively to the states. This law can only be modified or overturned by Congress. So the issue then becomes what is the law of the state concerned?

        Here’s how the Kentucky constitution reads:

        “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized. ”

        So marriage licenses can only permissibly be extended to couples consisting of one man and one woman. A “marriage” between two people of the same sex is “not valid or recognized” in Kentucky.

        Furthermore Kentuckians enacted their Marriage Amendment Act in 2004 with an overwhelming 75% of the vote and explicitly defined marriage as the union of one man and one woman.

        Thus Kim Davis would actually be breaking the law and violating the constitution of the state of Kentucky by issuing same-sex licenses.

        I cannot see how she can continue to remain in jail.

        Like

        • You’re right of course, Red – the imprisonment of Kim Davis is an act of judicial tyranny that will become increasingly common. As with the cake shop forced to bake a cake for a homosexual wedding, or close down.

          I suspect you’re also right about DOMA which, as far as I ca recall, has not been repealed but which Barry has said he will instruct his Justice Department to not enforce (in which case it is he who should be behind bars). But if the four communists and Anthony Kennedy have found homosexual marriage written in the Constitution (in invisible ink, right there alongside the abortion clause), I think that would trump (/pun) DOMA – which would be declared unconstitutional (notwithstanding that step has not been taken).

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  2. The point is that The Courts interpret the laws made by the elected politicians on behalf of the people.

    So was the Supreme Court interpreting an existing law?

    In New Zealand most laws are written in such a way as they could mean anything to anyone and need to be interpreted by case law, this is not satisfactory and we need to look at who is really writing our statutes.

    As for the County Clerk she is stuck between a rock and a hard place. Maybe she needs to get elected to a position where she has more say in the laws of the state.

    She can always resign and seek a new mandate from the people.

    Like

    • Why should she resign, Blobby? She was set up, plain and simple, by fascist activists who want to silence, lock up or otherwise dispose of anyone who dares have a different opinion from them, or a strongly-held belief which opposes their own.

      There are 7 Clerks working in that office in Kentucky. 6 of them say they will happily issue a licence for a homosexual marriage; Ms Davis the only one who refused. But that wasn’t good enough for the fascist activists; they require complete submission to their world-view. They are the Taliban of the homosexual movement (I’m sure there are plenty of “moderate” homos, and these are just a tiny radical minority), seeking to subjugate the citizenry to their view of the world.

      Like

      • Liars for Jesus, out in force again.

        She did not simply refuse to issue marriage licences, she forbad all other staff in her office to do so. It is there, plain to see in the news reports, and in the judge’s decision.

        She has now been released from jail, but will soon be there again as she will not permit the clerks in her office issuing marriage licences.

        I also note thatthe judge who jailed her disagrees wit the SCOTUS ruling, but can also tell the difference between his personal beliefs and his duties as a judge.

        Facts – pissing off the rabid right since forever.

        Like

        • Oh dear. Look at the way it is able to compose semi-literate sentences, complete with grammar and punctuation, and still be a member of the unthinking undead.

          Typical ProgLib wanker, completely incapable of understanding basic facts. She said she was unwilling to sign the licences herself, but if her name was removed from them and someone else issued them she wouldn’t stand in the way. She, personally, was unable to issue them because of her religious beliefs (and I notice they didn’t attack a moslem or Jewish clerk, just the Christian). That’s all she said; she wouldn’t succumb to the attempt to force her, personally, to issue the licences against her First Amendment religious freedom.

          Like

          • Her rights under the 1st Amendment apply to her, as an individual.

            As a County Clerk, she is representing the government, and the 1st Amendment does not apply tom that role. Government cannot promote religion.

            Her name can be removed, and will be removed, if she resigns her position, otherwise it stays, not as her personally licencing marriage, but in her role as County Clerk.

            (and I notice they didn’t attack a moslem or Jewish clerk… can you find an example?

            Facts – pissing off the rabid right since forever.

            Like

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