Gay Marriage Ruled Legal, But it Is Not a Law

When Kentucky County Clerk Kim Davis refused to issue a marriage license in her town, the crowd in opposition charged that she “respect the law and do her job.” But Kim Davis may have been doing just that. The propganda that she has broken the Federal law of the land is just that, propaganda. Since Congress did not approve gay marriage as a law.

Gay marriage was ruled by the Supreme Court to be a Constitutional right. However, many have assumed that meant it was in fact ruled as a law and treated as a law. But the Supreme Court has no power or jurisdiction to make laws. The Supreme Court does not create or grant laws, it only tests the Constitutionality of a law. It defines the laws that are legislated by Congress and determines the boundaries and Constitutionality of the laws and legality of the law itself. Congress creates laws and approves them. But did Congress write a bill and approve it as a law for the legality of gay marriage? No it did not. It was simply presented before the Supreme Court for a ruling on its Constitutional right. But it didn’t uphold any law since there was no law created and approved by Congress in which it was based.

In the case of Kim Davis, the ACLU attorneys representing the same-sex couple in question argued that Davis had no legal basis to avoid performing her duties as a government clerk. While seeking a penalty or perhaps a fine, Judge Bunning, who found her in contempt of her duties, ordered her to jail. Even U.S. Attorney Kerry B. Harvey stated that it is time for the clerk to follow the law. But was she in violation of the law?

Kentucky Legislation has defined the law of marriage as between one man and one woman according to the Kentucky Revised Statutes 402 article .005 definition of marriage. In addition to that, a clause states that any marriage violating its law is prohibited and void, including between members of the same sex, and those in jurisdiction under other States.

So if that is the case, Kim Davis in fact acted according to her State laws. She was in compliance with the statutes. And as for her legal basis to avoid issuing the licenses, she has the right to her sincerely held religious convictions. And in this case, she is convicted by such scriptures in the Bible (as Leviticus 18; Romans 1:26,27; 1 Corinthians 6:9) that describe homosexuality as an abomination against God.

Perhaps the farthest the Judge should have gone is to ask her to step down from her position if she cannot perform these required licenses that her office is obligated.

Resources:

http://www.nydailynews.com/news/national/ky-county-clerk-jail-gay-marriage-refusal-article-1.2347241

http://edition.cnn.com/2015/09/03/politics/kentucky-clerk-same-sex-marriage-kim-davis/index.html?eref=edition

http://www.lrc.ky.gov/statutes/chapter.aspx?id=39205

NOTE: The author of this article is not a lawyer and is not claiming knowledge or counsel on legal subjects to be considered or mistaken as legal by this presentation. It is only opinion.