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
DeVine Law Gamecock moved from Spartanburg, S.C. to Atlanta in the Summer of 2001 and came face to face with the Left in power and in the raw. I came face to face with stifling Political Correctness. I came face to face with liberal racists who treated Blacks like disabled children. I came face to face with visceral hostility to people of faith in the Democratic Party and the cowardice of people of faith within it worse than I had ever seen. And I worked with a Black conservative who called me out and told me to read Robert Bork’s books.
Why was I ripe for a conversion? I now see that I probably stayed in the Dem Party despite having misgivings about it since soon after I first came of age because to have converted in my hometown would have meant almost a betrayal of my friends and a surrender to many people I despised in the Republican Party who I knew. Continue reading
DeVine Law Gamecock had a recent debate on Facebook with a liberal Democrat bemoaning my bemoaning of the reluctance of the government and media to ask for or report the immigration status and country of origin of illegal aliens convicted of crimes. LibDem said I was “seeking groups to hate”. Yes, astounded me too.
Every person on earth can’t move to the USA and we remain exceptional and certainly not exceptional enough to deter and defend against the non-benevolent Iranian mullahs, ISIS, Red Chinese and Putins of the world.
LibDem objected to any suggestion that a rape-culture exists in many Third World cultures. It does. The Left praises “multi-culturism” and so they oppose assimilation. Ours is no better than any other, they say; yet we only see foreigners coming here. There is no mass exodus of Americans away from America. LibDems are not moving to Mexico, other countries in Latin America, Vietnam or other Asian nations where the age of consent is 12 or non-existent, or where the mothers and fathers of 13 year-olds are happy when their daughter is pregnant due to her rape by an uncle. Adios America by Ann Coulter meticulously documents all of the above and more. Continue reading
Soon after five lawyers in black robes on the United States Supreme Court unilaterally amended the U.S. Constitution to add a “right” to marry whomever you “love”, many critics bemoaned a feared Slippery Slope that would lead to polygamy and incestuous marriages. Your humble correspondent agreed given the bizarre logic of the five lawyers as Philosopher Kings. We thought that two-thirds of both houses of Congress and three-fourths of the states were required to amend the Constitution. But when the definition of marriage has been changed to allow same-sex couples, to allow adult sisters to marry their fathers or the ancient “institution” of a Man and Harem, one is speaking of mere child’s play in the latter examples. The slope done slipped.
Which brings us to the latest slope and Planned Parenthood, the “family planning” corporation that performs around 1/3 of all abortions performed in this country, receives money from taxpayers and contributes money to Democrats. DeVine Law really appreciates the outrage over the selling of the body parts of aborted fetuses, but people, KILLING babies is about a million times worse that selling the body parts of those whose skulls get crushed so that the “mother” may better make the BMW payments and PP a profit. And we don’t need to investigate and ask more questions. Continue reading
By all means remove the Confederate flag from the South Carolina State House de facto outdoor museum grounds, if for no other reason than to see what totem will be the next device used by Democrats to try and paint Republicans as racist per se and themselves as paragons of racial virtue.
This native gamecock of South Carolina’s first thought after first hearing of the Charleston Church Shooting was my recent debate with death penalty opponents, most of whom were Democrats and many of whom were South Carolinians, in which I advocated for capital punishment only in rare heinous cases. I had hoped that the first reaction from liberal Democrat death penalty absolutists would be to re-visit their absolutism.
But no, the first priority of too many Democrats upon learning last Wednesday that Dylann Roof had murdered nine members of Charleston, South Carolina’s historic Emmanuel AME Church, was to re-visit the A.D. 2000 compromise signed off on by all parties and races, which removed the Confederate Flag from a position of sovereignty atop the State House Dome to the grounds next to its Confederate Memorial. Continue reading
While we await the pending United States Supreme Court decision on the legality of subsidies for non-state exchanges under the Affordable Care Act, we learned that premiums and deductibles have risen and will rise even more next year.
DeVine Law advised all along that the main evil of Obamacare (and there are many), and which ALONE would destroy the private health insurance industry, are the coverage mandates that apply to insurance companies which make premiums and/or deductibles for low and middle income families and individuals quite unaffordable.
National Review’s Ramesh Ponnuru further expounds on this issue:
“On this view, the law’s most objectionable aspect isn’t the tax credits. The real problem is that Obamacare makes the federal government the primary regulator of health insurance, uses that regulatory power to strictly define coverage in ways that restrict options and competition, attempts to force people to buy insurance products they don’t want, creates a federal board of dubious constitutionality to set standards, and assumes that empowering experts in Washington is the best way to make health care more efficient and rational. The tax credits in Obamacare are objectionable mainly insofar as they further this highly prescriptive scheme….” Continue reading
Democrats and their media lied about President George W. Bush during their own “Bush-Lied Era” which likely prolonged the Iraq War by emboldening our Islamist enemies to hold out until Democrats were in control of the White House as well as Congress.
But why are we discussing the Iraq War in 2015 that began in 2003 and ended in 2011? Because Democrats and their media are in the process of trying to discredit Republican presidental candidates with the, “If we knew then what we know now” question, concerning our failure to discover stockpiles of WMD after the invasion. Of course we only know now what we know now, and the only way to know for certain that Saddam Hussein did not have WMD after 9/11, was to search his country inch-by-inch. No CIA intel could have proven a negative in any event and given Saddam’s previous use of WMD and ongoing defiance of the UN inspectors and the ceasefire of the first Kuwait War, it was so essential to make sure after 9/11 that Iraq had no WMD that could finish off New York City and the rest of the Fruited Plain.
In fact is was so imperative to Democrats in 2003 that they demanded a second vote authorizing the use of military force in Iraq so that more Democrats could vote for it than had the first time a few months earlier. Continue reading