DeVine Law appreciates the support shown by people from around the country and those who gathered in support of Rowan County, Kentucky Clerk of Court Kim Davis, when she was released from jail earlier this week for refusing to issue same-sex marriage licenses under her name and from her office, as ordered by a federal District Court judge. Her letter from the Clark County Jail emphasized her objections as a Christian, to aiding and abetting same-sex marriage.
Republican U.S. Rep Thomas Massie of the Blue Grass state was among those, along with GOP presidential candidates Mike Huckabee and Sen. Ted Cruz of Texas.
“I’m here because five Supreme Court justices stole my job. They legislated. They wrote law,” Massie said.
Bravo Rep. Massie. He refers to the recent U.S. Supreme Court decision in Obergefell declaring same-sex marriage a “right” out of thin Anthony Kennedy plus four other lawyers’ air. It’s too bad this was not the focus of Kim Davis’s civil disobedience because nothing in Scripture prohibits a government from defining marriage differently from the ideal described in Genesis by God the Father and in the Gospel of Matthew his son Jesus; nor does the Bible prohibit a Christian from exercising duties for the government associated with same. Moreover, God indulged polygamy even among his leaders in the Old Testament.
That said, DeVine Law did not agree with some fellow Christian conservatives such as Redstate’s Erick Erickson who said Davis “ought” to “just” resign. That’s essentially what then Brown v Board lawyer Thurgood Marshall told the civil disobedience icon of his day, Rev. Dr. Martin Luther King Jr. Get off the streets and let the lawyers do the work. But visuals of oppression are sometimes better than legal briefs in advancing the ball for self government by We the People.
Would it have been acceptable for an elected official to “just resign” over a matter of conscience”? Surely, but less so had she made her case on the grounds that the “law” of Kentucky still obtained given that the Obergefell decision was issued in violation of the Constitution.
Thomas Jefferson, Andrew Jackson and Abraham Lincoln all objected to the notion of the court as being the final arbiter of the meaning of the founding document and, as elected executives like Davis, occasionally defied court decisions.
(For the record, we consider Huckabee’s claim that a state must pass a statute to effectuate a court decision to be specious. Liberal gun control-favoring state officials have delayed compliance with recent pro-Second Amendment rulings and this way.)
As for DeVine Law, we will focus on what Supreme Courts, Congresses and presidents ought to have done and not done. We leave Davis to the wolves from whom Christ and lawyer will protect her. Meanwhile, we said before her release, why not allow Davis the same freedom from jail that Obama and court lawbreakers enjoy, with the only caveat being she be enjoined from going to her office until she will submit to made up “law”?
Davis, it turns out had better lawyers than Erickson or DeVine, as hers worked out an accommodation to allow her to return to work, so long as she did not prohibit her deputy clerks from issuing the licenses. Bravo for her even if DeVine Law doesn’t generally favor such accommodations even in the private sector. We don’t think that the First Amendment’s Free Exercise clause empowers government to carve out exceptions to the general law to allow only certain Indian tribes to use illegal drugs nor to force Abercrombie & Fitch to make exceptions to their dress code for a Muslim. So we certainly do not think that every government employee should be able opt out enforcing any law they think conflicts with their religion.
Before Kentucky Clerk Davis resigns or is impeached, those five usurpers on the US SupCt should first. Nothing is more clear than that the Supreme Court unconstitutionally made law by inventing rights to same-sex marriage, and abortion for that matter, that are not in the Constitution. Davis has a legitimate grievance along with all constitutional conservatives, i.e. those who can read and understand the English language. The so-called new “law” granting a “right” to marry a person of the same sex was issued by five Oligarchs, posing as Supreme Court justices, who usurped the right of We the People to make laws via legislatures and amend the Supreme Law of the Land that is the U.S. Constitution only via its terms. The right to same-sex marriage in Kentucky and other states that have not enacted same, is more akin to an order issued by an Al Capone or Fidel Castro than a “law”.
For this reason, she walks in the righteous civil disobedience footsteps of MLK. She is, as he was, a flawed vessel. We take our heroes as they are. I respect the arguments of those who argued for resignation, but not that it was the “only” respectable course. Her lawyers found another respectable way, even if applied generally it would create chaos. This was a contempt case and a specific remedy was found.
Maybe if conservatives eventually succeed in their alliance with The Left in getting Kim Davis out of office they will support an interim Rowan County, Kentucky Clerk of Court who was granted amnesty under Obama’s made-up Executive Order, i.e.”Law”.
“One man with courage makes a majority.” – Andrew Jackson
Even while serving as a Southern Railway, and later, Norfolk-Southern lawyer for the Carmens International labor union during the 1990s in South Carolina, Lawyer Michael Auburn was uncomfortable with the notion that Labor Day and the Labor Movement were so singularly associated with labor unions by so many. Labor, he says, is the promise of American Liberty to all Americans, most of the fruits of which laborious happiness pursuits one is deemed entitled to keep and much of which is accomplished via the sweat of entrepreneurs’ brows. Their labor involves the kind of risk-taking usually necessary to produce good-paying jobs for others. In short, owners’ work, i.e. labor should be celebrated just as much or more than the employee variety usually associated with this national holiday. Especially given the latest U.S. Jobs Report showing the lowest labor participation rate since the days of the 1970s Misery Index.
The literal “movement” of labor has nearly reached the same stasis under Obama (less than 2% growth = anemic) as the organized private sector variety did at least two decades. Even FDR opposed the notion of public sector government unions bargaining with itself with taxpayers money. The major impediment to economic growth, bringing discouraged workers back to the labor force, allowing part-time workers to work full time and wage growth are the taxes and regulations of Obamacare, Dodd-Frank and other Obamanomics anti-business impediments. Then there is the rapid automation via robots and other machines. Continue reading