Gay Marriage Not a Law, Kim Davis Wrongfully Jailed

When Judge Bunning of Rowen County Kentucky ruled County Clerk Kim Davis be jailed for disobeying an order of her office, did he act according to law? She was found in contempt of her duties. The matter is the interpretation of what law she violated.

The Supreme Court ruling that gay marriage is legal in the United States steps over the boundaries of States’ rights, according to the ruling two years ago in the case of U.S. vs. Windosr, where it was decided explicitly that state governments remain the primary authority to define marriage and its benefits. But they reviewed the issue, the Supreme Court decided it was a Constitutional right for same-sex couples to marry, and further, States need to comply.

One problem is the Supreme Court does not make laws, it only interprets and upholds the law and decides the Constitutionality of the law being applied in a specific case.They step beyond their jurisdiction when defining what is an unlawful action, and is outside a law. It is the role of Congress to make laws and approve them. And the matter of defining marriage by law was not brought to Congress. Nor is it a Federal decision, but is the right of individual States instead. But the Supreme Court used a loophole to decide a Constitutional right and declared it unlawful to deny individuals the right of gay marriage.

ACLU attorneys representing the gay couple argued that county clerk Kim Davis had no legal basis to avoid performing her duties as a government official. However, according to a Kentucky Legislator and the actual law defining marriage in Kentucky as between one man and one woman, the position of Kim Davis is supported because she was following the law as it is written in her State. The Kentucky law also further defines a prohibited marriage such as between same-sex marriage as void and unrecognized by the State.

So did Kim Davis violate law? Only because of a matter of legal gymnastics by an unruly Supreme Court using tyrannical power to redefine what was given to the States to define. She violated an interpretation of what the Courts decided was unlawful behavior, but she did not violate the law of her own State in which she was a county officer. If the Judge interpreted as disobedience her decision to not issue gay marriage licenses, the only reasonable action would be a dismissal of her from the current position, and not jail time.

And Kim Davis acting on behalf of her sincerely-held religious beliefs that God considers the act an abomination, according to Leviticus 18:22, Romans 1:26,27, and 1 Corinthians 6, gives her that conviction. ”What right did she have?” some cintinue to ask. She has the right to uphold her convictions. Perhaps she violated the secular law that landed her in jail, but she obeyed God’s law as she understood it. And Davis would rather obey God than man in this case.

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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

http://blog.constitutioncenter.org/2015/09/constitution-check-did-the-supreme-court-take-away-states-power-over-marriage/