Last June, Justice Anthony Kennedy fired a damaging, if not fatal, salvo into the already enfeebled 1st Amendment of the Constitution. Whatever one thinks about the institution of marriage, homosexuality or religion, the right to express and practice one’s religion as he or she chooses is an inalienable one that no court or government can take away or restrict. That is until now.
Yesterday, Kim Davis, a clerk from Rowan County in Kentucky was taken away in handcuffs by federal marshals for being in contempt of court for refusing to perform same-sex marriages. It is rare that I find myself disagreeing with legal scholar Ken Klukowski, but over at Breitbart, he states:
Davis is claiming the right to use her governmental power to order all of her deputy clerks and other subordinates that they shall not issue marriages licenses, either. Her personal right to religiously object probably does not extend to using her public-office power to order other government workers to conform to her personal faith-based beliefs.
Then again, let me rephrase that: I absolutely agree with Ken Klukowski even though he’s wrong, or at least not looking at the situation from a broader perspective. While certainly Davis cannot impose her religious views on her subordinates as reason to not carry out their legally mandated duties, she certainly could have and should have cited the blatantly unconstitutional decision by Kennedy and the other four activists who voted with him. Unfortunately, while Klukowski nobly defends the rule of law, he is ignoring the fact that the law itself is lawless and was lawlessly imposed on the citizenry, the majority of whom time and again, in state after state, have spoken out on this issue, even in California, arguably the nation’s most liberal/leftist state. It should be noted that despite the clear mandate from the people of that state, the court –THE COURT – refused to obey the law.
I can hear the geschrei now. You can’t disobey the law, especially a Supreme Court decision. But need I remind readers that Dred Scott was the law of the land as well as was Plessy v. Ferguson, Wickard v. Filburn, Korematsu v. U.S., Roe v. Wade, and the two Obamacare shams of a mockery of a sham of two miscarriages of justice?
As Sean Davis over at the Federalist puts it:
Davis’s arrest was met with cheers by same-sex marriage advocates who for some reason did not demand imprisonment of officials who lawlessly issued gay marriage licenses in clear contravention of state and federal laws. Take, for example, Democrat Gavin Newsom, who is currently the California lieutenant governor. Back in 2004, when gay marriage was banned under California state law, Newsom openly defied the law and used his power as the mayor of San Francisco to force taxpayer-funded government clerks to issue gay marriage licenses.
And Davis further cites the blatant disregard for the rule of law with “sanctuary cities” and drug laws. On his radio show yesterday, Mark Levin noted that in a speech given in 2003 by none other than Justice Kennedy himself, he called for judges to essentially ignore the law:
As my colleague Justice Breyer has pointed out, however, the compromise that led to the guidelines led also to an increase in the length of prison terms. We should revisit this compromise. The Federal Sentencing Guidelines should be revised downward.
By contrast to the guidelines, I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In too many cases, mandatory minimum sentences are unwise and unjust.
And yet Kim Davis gets frogmarched in cuffs to federal prison? Yes, two wrongs don’t make a right. But Kim Davis is taking a stand against an unjust law, unjustly passed. More and more, we have a government that is acting lawlessly against the will of the people, and they are filling the judiciary with fellow travelers who are swearing to faithfully uphold a Constitution that they have zero respect for. If they do not act with morality and character to uphold the rule of a just and stable law, then it won’t be long before the citizenry lose respect for them and the notion of the rule of law. When that happens, then all bets are off.
We are losing our G-d given freedoms, paid for in blood and treasure on battlefields, seas and skies all over the world. If Kim Davis and others like her refuse to knuckle under and crawl, then I stand with her.
Not one inch back.