I disagree. The gay marriage imbroglio is of immense importance. It will define our Republican form of government. The federal government has no jurisdiction with respect to marriage. This is brought strikingly clear in the Davis case. Clerk Kim Davis has undressed the district court judge and he knows it. While he can assume the role of a tyrant and illegally throw her in jail or fine her, he can not issue a legitimate marriage certificate, he knows it, and therein is his dilemma. Only states have legal jurisdiction with respect to marriage matters. Clerk Davis is the duly elected clerk of Rowan County, Kentucky and derives her authority from the citizens of Rowan Country. She remains the Clerk and the tyrant judge can not remove her from office, and he can not order her under duress to issue lawful marriage certificates. Furthermore, none of her underlings can do so either, since she has not authorized them to do so. Thus, the marriage certificates that are being issued now without her authority are null and void. I would conclude that the Davis case is where the federal government finally runs into the brick wall of federalism. Accordingly, this case has historic proportions not only on religious grounds but on state rights grounds.
It’s been complained here that Davis has not voiced this distinction. And that’s a valid concern and surely she is going to have no lack of advice over the next several days.
Even yet, people are going to instinctively know this is a shanghai move of proportions unlike the era of racial liberation, which most people knew in their heart of hearts was at least theoretically fine.
You are correct, sir!
I agree, this is the battle are we are on good ground.
Very interesting post....thank you....
I especially liked the part...”Clerk Davis is the duly elected clerk of Rowan County, Kentucky and derives her authority from the citizens of Rowan Country. She remains the Clerk and the tyrant judge can not remove her from office, and he can not order her under duress to issue lawful marriage certificates.....
.... Furthermore, none of her underlings can do so either, since she has not authorized them to do so. Thus, the marriage certificates that are being issued now without her authority are null and void”...............
So it would then appear HER authority is being challenged when the office has gone ahead and issued licenses.