Firearms And Liberty - Shade's Landing Inc. Carry Permit MN

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The dilemma of Kim Davis…

Jailed for her beliefs….

Many of you know the name: Kim Davis. The Kentucky Clerk who has refused to issue marriage licenses to gays had also stopped issuing licenses to straight couples as well. And by the way, Kim Davis is a Democrat. Let’s get that out of the way up front.

She’s in jail and not one of the people who argue that she deserves to be there can cite the law, the statute that Kim Davis broke that necessitated a court appearance. There is no state, no federal law that she broke. In fact, Kentucky law explicitly states that marriage is between a man and a woman. The marriage licenses likewise have spaces for a man’s name and a woman’s name.

The gay rights supporters always point to the U.S. Supreme Court as being the law of the land. Yet fail to recognize that the Supreme Court lacks the Constitutional authority to write laws. That power is vested in the legislature through Article I of the Constitution:

“Article. I.

Section. 1.

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.”

The Supreme Court is not given legislative powers, yet many believe that they have determined the law regarding gay marriage through OBERGEFELL ET AL v. HODGES.  They did no such thing. As mentioned previously, they lack the Constitutional authority to write laws.

As Chief Justice Roberts wrote in his scathing dissent in the Obergefell case:
"But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise “neither force nor will but merely judgment.” The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered)"

So how did Kim Davis end up in jail if she broke no laws? Simple, she violated the Judge’s order to issue marriage licenses to gays. Not only did her religious beliefs tell her that it would be wrong to do so, but the law itself was on her side. She would be violating Kentucky law if she, through her own authority and not the Kentucky Legislature, ignored current Kentucky law.

There is little doubt that her incarceration has set off a firestorm of controversy. Supporters of Kim Davis such as me have been called homophobes, haters, fucking morons, retards, and worse. When we try to have an intelligent debate with one of these hateful and intolerant people who fashion themselves as the ones who are open minded, we get gibberish and fingers pointing to the U.S. Supreme Court Obergefell decision and name calling. When they say “she broke the law” we ask what statute, Federal or State did she break we get more gibberish but never a straight answer.

Those of us who support Kim Davis don’t really care what the gay community believes. We (I’m) not out to change their mind(s). But apparently they take great offense that I won’t acquiesce and give my approval to their life style. Is my approval really needed? Is my acceptance of their life style really that important to them? Hell, I don’t even know them so why are my beliefs of any consequence to them?

It’s also been argued that Kim Davis is denying the gay community’s right to get married. First of all, I don’t believe marriage is even a right whether it’s heterosexual or homosexual.

The concept of marriage was borrowed from our English common law connection when the America’s were colonized. It wasn’t until the 19th century that specific state laws began appearing such as the 1819 laws found in Virginia or those later found in New York’s laws. And then the laws were put in place to prevent incest (Virginia), to manage dowries, and for taxation purposes. But is it a right?

Perhaps in the broadest sense it could be considered a right under the 14th amendment, but the states would have a say in that. Just as Kentucky law provides to this day by recognizing marriage as being between a man and a woman. The Federal government and in particular 5 of 9 unelected lawyers by the Constitution could only provide a ruling on the law, not rewrite Kentucky law.

The 1st Amendment to the Constitution states:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Perhaps those who believe the U.S. Supreme Court makes laws, also forgets that government cannot prohibit the free exercise of their religion.

Lastly for those who believe Kim Davis should be removed from office understand that she was elected to her position as a County Clerk. Voters can remove her or she can resign, but no one can remove her from her position.

Written by Shade

Monday 07 September 2015 at 08:58 am

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