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Kim Davis, Liberals and the Rule of Law: What Law?
National Review ^ | 09/04/2015 | David French

Posted on 09/04/2015 6:57:12 AM PDT by SeekAndFind

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To: SeekAndFind
From OBERGEFELL:

Page 5:

Finally, the First Amendment ensures that religions, those who adhere to religious doctrines, and others have protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths.

Page 27:

Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned. The First Amendment ensures that religious organizations and persons are given proper protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths, and to their own deep aspirations to continue the family structure they have long revered.

If the judge is going to cite the Supreme Court ruling, then where is this protection? Were there not other alternatives short of imprisonment that could have taken first, if they were serious about protecting the First Amendment rights, too, during all of this?

Furthermore, if we are to have a "rule of law," then must stop judicial legislation and let the laws that rule us come from our representatives, not as edicts from a "judge."

Page 5:

(5) There may be an initial inclination to await further legislation, litigation, and debate, but referenda, legislative debates, and grassroots campaigns; studies and other writings; and extensive litigation in state and federal courts have led to an enhanced understanding of the issue. While the Constitution contemplates that democracy is the appropriate process for change, individuals who are harmed need not await legislative action before asserting a fundamental right.

There is the judicial arrogance for all to plainly see. The country doesn't have to wait for the representative process to work, because these few judges have an "enhanced understanding" and know better than the rest of us.

The Separation of Powers doesn't apply to them, and the separation of powers didn't apply to Kim Davis when an appointed judge jailed an elected executive.

-PJ

21 posted on 09/04/2015 7:23:15 AM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: SeekAndFind

Commie Soros stooge John Podesta, chairman of Hillary for America, tweeted: “SCOTUS says LGBT couples can marry. Officials should uphold the law. Period.”


22 posted on 09/04/2015 7:23:23 AM PDT by MarvinStinson
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To: rfreedom4u
Until a law is duly passed by a state legislature and signed into law by the governor, there is no law

I would go beyond that.

In the Commonwealth of Kentucky, there IS a law. In fact, there is also a Constitutional Amendment. Both say marriages between persons of the same sex are not permitted.

Now, since the XIV Amendment says in §5 "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article" Congress could, in theory, pass a national homosexual marriages act which would supersede the laws and the Constitution of Kentucky. But they have not done so.

I suppose it is possible, under a very liberal construction of Article III, that if the persons who applied to Kim Davis for a marriage license went to the Supreme Court that that court could issue a writ of mandamus ordering her to give those two particular persons a license, but that did not happen.

So, what exactly does it mean to say that it is the "law of the land" that ALL same sex couples must, without litigation, be granted marriage licenses in violation of the laws and or constitutions of 38 states? I'm not really sure.

23 posted on 09/04/2015 7:24:15 AM PDT by Jim Noble (You walk into the room like a camel and then you frown)
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To: SeekAndFind

“What law?”

EXACTLY.

There is no applicable law for her to be coerced into acting on.
KY marriage law is very clear about who it applies to, and the applicable SCOTUS ruling has not been reconciled therewith. Ergo, either KY law still applies as written (and Kim Davis is obligated to adhere thereto, prohibitions included), or the ENTIRE section of KY law is vacated (by default, the whole section goes unless the section clearly directs otherwise) and there is _no_ law for her to act on.


24 posted on 09/04/2015 7:25:04 AM PDT by ctdonath2 (The world map will be quite different come 20 January 2017.)
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To: Old Sarge

Its an interesting idea. Divide and conquer is always the way with these folks.


25 posted on 09/04/2015 7:25:45 AM PDT by ballearthout
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To: GeronL

Did you see this one?

http://www.freerepublic.com/focus/f-news/3332931/posts


26 posted on 09/04/2015 7:25:54 AM PDT by Cletus.D.Yokel (BREAKING: Boy Scouts of America Changes Corporate Identity to "Scouting for Boys in America")
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To: Cletus.D.Yokel

No, but it sounds like I should have


27 posted on 09/04/2015 7:26:39 AM PDT by GeronL (Cruz is for real, 100%)
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To: GeronL

Yeah...I feel you, bruh.

Can I get some he’p for a YT here?


28 posted on 09/04/2015 7:28:20 AM PDT by Cletus.D.Yokel (BREAKING: Boy Scouts of America Changes Corporate Identity to "Scouting for Boys in America")
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To: SeekAndFind
THIS is by David French at NRO: Justice Kennedy’s Religion Has Teeth: Kentucky Clerk Ordered to Jail for Refusing to Issue Gay-Marriage Licenses
I described the unfolding drama as a case of competing revolutions — with Kim Davis defying Justice Kennedy’s revolutionary act with a revolutionary act of her own. We knew from the beginning which revolutionary held more power, and we also know that the worst revolutionaries show no mercy to dissenters.

29 posted on 09/04/2015 7:28:50 AM PDT by cornelis
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To: Cletus.D.Yokel

Not posting “ag’in ya”, just keeping all relevant info in the proper places.

I know you and I are on the same page, here.


30 posted on 09/04/2015 7:30:07 AM PDT by Cletus.D.Yokel (BREAKING: Boy Scouts of America Changes Corporate Identity to "Scouting for Boys in America")
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To: GeronL

my #30 was meant toward you.


31 posted on 09/04/2015 7:32:58 AM PDT by Cletus.D.Yokel (BREAKING: Boy Scouts of America Changes Corporate Identity to "Scouting for Boys in America")
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To: cornelis

He is showing his true colors.


32 posted on 09/04/2015 7:54:33 AM PDT by AIL
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To: AIL

?


33 posted on 09/04/2015 8:05:21 AM PDT by cornelis
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To: SeekAndFind

Actually, I would support the Quaker in that hypothetical — the state would need to find a way of issuing permits without forcing the Quaker to do so.

We have conscientious objector status in time of war, exempt the Amish and Muslims from requirements to buy insurance. Not doing the same for, non-conformists (adherents of religions which don’t conform to the secular courts’ settlement of marriage) is a violation of the plain meaning of the First Amendment, and as it applies to public office, the establishment of a religious test in violation of Section VI paragraph 3, whether the black-robed tyrants see this or not, and an affront to the very foundations of this country from before independence when many of the colonies were founded by non-conformists to the secular settlement of religion in England.


34 posted on 09/04/2015 8:21:29 AM PDT by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know...)
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To: SeekAndFind

A simple question....(I don’t know the answer to this without searching.

Did the Kentucky Legislature a gay marriage bill and the governor signed it into law ???

I am going to assume the answer is no. IIRC Kentucky had a gay marriage BAN. So this is the judge looking to thwart the will of the voters by judicial fiat.


35 posted on 09/04/2015 8:25:36 AM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: ballearthout
Where were her strong Christian values when she pulled the lever for the ‘rats?

Or signed her THIRD set of divorce papers. Not saying divorced people can't be Christian; just pointing out that 3 times shows a decided lack of commitment the the holy act of marriage.

36 posted on 09/04/2015 8:26:24 AM PDT by Turbo Pig (...to close with and destroy the enemy...)
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To: Turbo Pig

Hey, fair is fair. Theocracy is always a bad idea.


37 posted on 09/04/2015 8:28:01 AM PDT by ballearthout
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To: SeekAndFind

New tagline.


38 posted on 09/04/2015 8:28:16 AM PDT by MortMan (The rule of law is now the law of rulings - Judicial, IRS, EPA...)
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To: SeekAndFind
If you’re unwilling to enforce the law, you shouldn’t be an officer of the state.

Obviously the pinhead that wrote this doesn't know that Kim Davis was elected County Clerk before the rogue US Supreme Court "made homosexual marriage the law of the land" and now the same Federal and US Supreme Courts have via judicial fiat "made law" that they're not entitled to make under their Constitutionally defined limits.

But let's not let little details like that get in the way of destroying a good woman who's holding fast to her faith.

I stand with Kim Davis.

39 posted on 09/04/2015 8:30:40 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: Turbo Pig
Or signed her THIRD set of divorce papers. Not saying divorced people can't be Christian; just pointing out that 3 times shows a decided lack of commitment the the holy act of marriage.

Christians do recognize that there are times when divorce is necessary. For example, a husband having a history of domestic violence against his wife. No right thinking Christian would tell a woman living in that circumstance that she cannot divorce.

Have another strawman you want knocked down there bunkie?

40 posted on 09/04/2015 8:34:43 AM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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