The recent controversy relating to Kim Davis, the Kentucky clerk that was jailed for exercising her First Amendment right for not issuing licenses for gay marriages that were recently ruled protected under the U.S. Constitution, raises the issue of the legality of that ruling.
Kim Davis returned to work Monday after going to jail for five days for refusing to issue licenses to same-sex couples, despite being ordered to do so by a judge. Davis went on for weeks denying both heterosexual and homosexual couples marriage licenses which eventually led to several legal battles that went all the way to the Supreme Court.
Ken Klukowski, senior counsel and director of strategic affairs at the Liberty Institute – a firm not affiliated with Davis’ case – told TheBlaze that no American should be forced to forfeit his or her fundamental rights to serve in public life. However, while the appeals court rejected her request to delay issuance of marriage licenses, they also declined to toss the appeal entirely.
Davis, of course, knows that someone would eventually take up the job and do what she will not. What is particularly disturbing to Lundberg, and millions of his fellow Americans, is the Supreme Court’s “incredibly bad decision” last June legalizing same-sex marriage. The reason Davis is right is the fact that what constitutes “marriage” is to be decided by individual states. I bet the Board of Education in Topeka, Kansas, wished they had thought of that back in 1954. Davis was jailed because she openly and intentionally defied the law.
Same-sex marriage is legal in the United States. Davis is an elected official, so she was unable to be fired for her refusal to uphold the duties of her position, which by definition, she did.
Either of two judges in Oregon could become the next Kim Davis by taking a stand for what they see as their religious freedom to refuse to perform same-sex marriages. It was just the opinion of an unelected individual; thereby, Kim Davis has a greater standing before the people than the unelected federal judge because she was elected by the citizens of Rowan County.
Mason has calmly and cheerfully issued marriage licenses in Rowan County, often amid a scrum of TV cameras and recorders documenting his every move. They are founded in the Constitution, which prevents the establishment of religion as the basis for law.
Huckabee then pointed out that, under the separation of powers, the Supreme Court can not craft and pass legislation or enforce it to ensure a law is implemented. Huckabee asked. “What else is it other than the criminalization of her faith and the exaltation of the faith of everyone else who might be a Fort Hood shooter or a detainee at GITMO”.