On his “Generations Radio” program yesterday, far-right Colorado pastor Kevin Swanson praised anti-gay Kentucky clerk Kim Davis for her “courage” in standing up to “the forces of darkness.” Swanson said he is thankful that Davis is upholding “the laws of God” by refusing to issue marriage licenses in response to the Supreme Court’s ruling on marriage equality.
“Anybody that tries to approve of the absolute worst possible abomination on planet Earth and give a marriage license to homosexuals is violating the laws of God,” Swanson said.
Swanson went on to condemn the governor of Kentucky, along with every other governor in the United States, for lacking the courage to stand up to the Supreme Court and offer support to Kim Davis. According to Swanson, if the governors abide by the Supreme Court ruling and “refuse to act as ministers of God,” they are placing the Supreme Court above the word of God and therefore “they will go to Hell.”
“They have their place in the lake of fire,” he said. “These magistrates will go to Hell if they do not assume the courage to stand up against the Supreme Court of the United States and fear God, the God of Heaven and Earth over the Supreme Court of the United States, they will go to Hell. And it’s hard to imagine that all 50 governors of all 50 states are on their way, but if they are cowardly, if they are in a position of authority and refuse to act as ministers of God, they will go to Hell.”
Fox News pundit Todd Starnes is incensed that Judge David Bunning, the son of a former Republican U.S. Senator who identifies as a Roman Catholic and personally opposed the Supreme Court’s landmark marriage equality ruling, decided to enforce the law when it came to Kentucky clerk Kim Davis’ refusal to let her county office issue marriage licenses to same-sex couples.
Starnes told “AFA Today” host Crane Durham yesterday that the judge should have instead upheld the teachings of the Catholic church that gay marriage is wrong.
What gets me about Judge Bunning, I saw a profile piece over the weekend and they said that he is a devout Catholic man who opposed the Supreme Court’s decision on this issue. So what does that tell me, Crane? It tells me this man is not a man of strong character if in fact he ruled against the basic tenets of his own faith. So I think we are dealing with a lot of unscrupulous characters here.
Starnes’ insistence that the judge cite Catholic teaching over constitutional law in this matter, and that his refusal to do so shows that he lacks character and is an “unscrupulous” individual, reveals a lot about how the Religious Right views the Davis case. (Ironically, it is usually Religious Right activists who allege that “activist judges” are putting personal feelings ahead of the law).
Starnes believes that the judge should have sidestepped the U.S. Constitution and imposed his personal religious beliefs on the people in his courtroom, just as Kim Davis imposed her personal religious beliefs on the people seeking a marriage license from the county.
But the courthouse isn’t Bunning’s church, just as the county clerk’s office isn’t Davis’ church.
It seems that those supporting Davis believe that public officials should make sure that everyone else in the country has to follow their personal reading of God’s law, as long as that personal interpretation of God’s law corresponds with the political agenda of the Religious Right.
Parody Video from 9th Grader Marks Second Weekly
Prize Winner in Democracy for All Video Contest
Today Say No to Big Money and People For the American Way announced the second of 14 weekly winners in a new contest tapping into the creative potential of Americans of all political stripes through short videos in support of a constitutional amendment to get big money out of politics.
The winner of the $64,000 Democracy For All Video Challenge is a parody video titled ‘Democramole’ submitted by 9th grade student Simon Lundquist from Falls Church, Virginia. The video highlights the inequity in our country’s campaign finance system by telling the fictitious story of two brothers, one of whom is working to control the price of guacamole through campaign contributions to the disadvantage of the other.
Last week, a spoken-word rap tying corruption in the chemical industry to lobbying and campaign contributions that hijack the political system from everyday Americans won the first weekly, 1,000 prize.
From when the contest launched in August until December 2, contest entrants can submit a 30-90 second video that includes a call-to-action in support of the Democracy For All Amendment for a chance to win thousands of dollars in prize money, including a $25,000 grand prize. Supporters of an amendment to fix the nation’s campaign finance system have already submitted a diverse array of entries.
“Simon’s video boils down our broken and complex campaign finance system in a way that is creative, fun and accessible,” said Jeff Haggin, president of Say No to Big Money. “Humor and creativity are an important part of this contest - and vital parts of making sure legislators know the public is ready for the Democracy for All Amendment.”
“The videos in this contest have the capability to influence the future of our democracy and give the next generation's activists, innovators, and dreamers a chance to get their voices heard,” added contest winner, Simon Lundquist, who hopes to make videos professionally in the future.
The Democracy For All Amendment is a proposal being considered by Congress, currently with 137 cosponsors in the House and 41 supporters in the Senate, that would overturn decisions like Citizens United, the 2010 Supreme Court case that paved the way for unlimited political spending by corporations and the super wealthy.
Say No to Big Money, the official sponsor of the contest, and People For the American Way are partnering with Act.TV, Agenda Project, American Family Voices, Coalition to Restore Democracy, Coffee Party USA, Courage Campaign, Common Cause, Free Speech For People, National Priorities Project, PF Pictures, People’s Email Network, Public Citizen, and US PIRG in this effort, with the support of more than 140 other organizations.
Full contest details and rules are available at www.DemocracyForAll.com. Marge Baker and Jeff Haggin are available to speak with press. To arrange an interview, please reach out to Drew Courtney at email@example.com.
Pat Robertson onceagain hailed Kim Davis, the Kentucky clerk who is barring her county office from issuing marriage licenses, as a hero for challenging the “criminalization of Christianity” in a country that “was founded as a Christian nation.” The “700 Club” host said today that a judge’s decision to temporarily put Davis in the custody of U.S. Marshals for repeatedly breaking the law proves that now anyone can be sent to prison just for their faith.
“Christianity, the founding principle of this nation, is criminalized,” he claimed. “You go to jail if you believe in God and stand fast for your beliefs against the onslaught of secular humanism and the flood that comes about with it.”
“Kim Davis is not exactly that champion we’d all want to stand up for our beliefs but nevertheless she did it and she’s the heroine of the piece, but there will be many, many others,” he said.
Somehow, Robertson himself has avoided a prison sentence, despite the alleged criminalization of Christianity in America.
Today, conservative reality TV stars Donald Trump, Sarah Palin and Duck Dynasty’s Phil Robertson will be addressing a rally headlined by Ted Cruz and Glenn Beck in opposition to the Iran nuclear accord.
With such an all-star lineup, it may be easy to miss that one of the rally’s sponsors is none other than the Center for Security Policy, a far-right group led by anti-Muslim conspiracy theorist Frank Gaffney.
Gaffney’s role in organizing an event headlined by the likes of Cruz, Beck and Palin — who all believe that Sharia law is comingtoAmerica — may be fitting, considering that Gaffney is one of the most unintentionally hilarious right-wing conspiracy theorists out there:
In the run-up to the 2012 election, Gaffney accused the Obama administration of supporting a United Nations resolution that would have legitimized blasphemy laws. In reality, the Obama administration actually forcefully opposed the resolution in question, with the president personally speaking out against blasphemy laws during a United Nations address.
But that didn’t stop Gaffney from claiming that the exact opposite had happened and warning that the president would begin to ban anti-Islamic speech in the U.S. as he pushes “the Sharia blasphemy agenda of our enemies, that is to say suppressing freedom of expression in this country which is our constitutional right.”
“President Obama, from his first months in office, has been enabling in this country an insidious effort by Islamic supremacists to keep us from engaging in speech, videos, training or other forms of expression that offend Muslims, their god, prophet and faith,” he wrote, warning that Obama has “brought U.S. diplomacy and government practice into closer and closer alignment with the demands of Islamists that such 'slanders' be prohibited and criminalized.” By giving “policymaking and advisory” roles to “persons with extensive ties to the Muslim Brotherhood,” Gaffney claimed, Obama is going to try to “restrict your freedom of expression.”
Back in 2013, as Sen. Ted Cruz was wondering out loud if Chuck Hagel, then the nominee to serve as U.S. secretary of defense, was secretly working for North Korea or Saudi Arabia, Gaffney was just asking if Hagel was in fact be an Iranian secret agent.
“You couldn’t find a guy who has been more active in terms of promoting the interests of Iran at the expense of the United States than Chuck Hagel other than somebody who is actually an Iranian agent,” he said. “I’m not suggesting that he is, I don’t know, but I certainly think that’s the point of comparison here because it’s almost that full-throated.”
“Ms. Abedin was brilliantly placed to run Islamist influence operations for sixteen years under the recently departed Secretary of State, Hillary Clinton,” he said.
6) Restore HUAC
In order to find all of these Muslim Brotherhood agents who have infiltrated the U.S. government, Gaffney said that we need “a new House Anti-American Activities Committee” to find the “treasonous” actors inside the administration.
7) Chris Christie Committed Treason
Gaffney was very offended in 2011 when New Jersey Gov. Chris Christie derided the “crazy” rhetoric about Sharia law coming to the U.S. In fact, he was so offended that he thought Christie could be committing “misprision of treason,” or the act of concealing treasonous acts against the U.S.
Rowan County, Kentucky, clerk Kim Davis’ attempt to block her office from issuing marriage licenses to same-sex couples has inspired Eagle Forum founder Phyllis Schlafly, who writes in a column today that Rowan County should become “a ‘sanctuary county’ where the biblical view of marriage continues to be honored and respected.”
However, Schlafly writes in WorldNetDaily, judicial tyrants are instead sending Davis to jail “merely for abiding by state law and the Bible.”
When the Supreme Court ruled by the narrowest possible margin that Kentucky’s definition of marriage is unconstitutional, the Court’s decision was qualified by its assurance that religious freedom would not be jeopardized. “The First Amendment ensures that religious organizations and persons are given proper protection,” the Court solemnly intoned on June 26.
In the Appalachian hills of eastern Kentucky, one brave woman is testing whether Justice Anthony Kennedy really meant it when he wrote those words. But the local federal judge for eastern Kentucky, David Bunning, wrongly sent Kim Davis to jail for her beliefs, without respecting or accommodating her sincere Christian beliefs.
It is not “rule of law” to jail someone based on judge-made law; it is “rule by judges.” Kim Davis is not committing civil disobedience, because she has not violated any law. She was arrested, humiliated with a mug shot and jailed, merely for abiding by state law and the Bible.
When the Supreme Court ruled that all 50 states must license same-sex unions on the same terms as marriage, the court was implicitly declaring that Christianity and the Bible are wrong. If San Francisco can be a sanctuary city, let’s allow Rowan County, Kentucky, to be a “sanctuary county” where the biblical view of marriage continues to be honored and respected.
Linda Harvey of Mission America agrees, calling in her own WorldNetDaily column for such sanctuary cities to not only ban same-sex marriage but also prohibit gay pride parades and sexual reassignment surgery. Because “family life would be much healthier and safer in these cities,” Harvey thinks “the trend would be contagious as people share their positive experiences with friends and relatives across the country”:
Since we are beginning to see violations of constitutional rights based on objections to homosexuality as marriage, I believe there’s a clear precedent for establishing sanctuary cities for authentic, lawful, man/woman marriage.
Think about how great life would be in those cities. After all, unlike the defiance of immigration law, these cities would be upholding the actual law under our actual Constitution, not the imaginary one in the mind of Justice Anthony Kennedy.
So, why not cities that uphold a standing, just law? Family life would be much healthier and safer in these cities. Keep out the vile “gay-pride” parades as well as harassment lawsuits against bakers and florists. And how about no pro-homosexual lessons in school, falsely implying that some people are born homosexual, or born to mutilate themselves by sex-change surgery? Also, no ban on counseling for teens who have same-sex attractions.
Of course, such cities would not be without challenges. They would be targets for dirty tricks, phony “hate crimes,” special sections on “gay apartheid” by the New York Times and so on. The formulaic fables and drama, based on no facts but lots of screeching, can be composed now in advance.
We are not unaware of the schemes of Satan, nor of Saul Alinsky adherents.
It will take a courageous city council to take this step, yet the trend would be contagious as people share their positive experiences with friends and relatives across the country.
Mike Huckabee’s presidential campaign organized a rally this afternoon in front of the jail where anti-gay Kentucky clerk Kim Davis was being held in the custody of U.S. Marshals after a federal judge found her in contempt of court for refusing to issue same-sex marriage licenses.
As fate would have it, Davis was released from custody just hours before Huckabee’s rally, so she came out to speak alongside Huckabee, Staver and her husband, taking the stage to Survivor's “Eye of the Tiger.”
Davis, the Religious Right’s favorite new “persecution” victim, received a hero’s welcome as Huckabee and Staver declared her victorious over the forces of darkness/the rule of law.
After briefly losing her composure, a teary-eyed Davis thanked God and the crowd, beseeching attendees to keep up the fight. Huckabee then closed things out by claiming that pastors and school administrators may soon end up in prison for opposing gay marriage, even though that is not the reason that Davis was put in the custody of U.S. Marshals.
Others at the rally warned of an impending anti-Christian holocaust — a line frequently usedbyStaver — while one participant raised up a Confederate flag.
“A year ago, we were working for a young, 27-year-old woman who was in prison in a Third World country because of her faith, Meriam Ibraham,” Perkins said. “I never thought, less than a year later, that I would be working on behalf of a woman in the United States of America imprisoned by her government because of her faith in Christ. That’s where we’ve come.”
Perkins also claimed that the U.S. Marshals and county prison officials “should have refused” to follow a federal judge’s finding that Davis was in contempt of court for refusing to obey court orders that her office issue marriage licenses to same-sex couples.
He said that Davis and others have no obligation to follow “laws that have no moral foundation that are actually in contradiction to moral law and truth.”
One Liberty Counsel attorney active in the case, Harry Mihet, recently spoke at a rally outside the jail where Davis is being held in contempt, where he invoked Martin Luther King Jr. to defend Davis, claiming that the clerk will never resign from her post:
KIM DAVIS UPDATE | MESSAGE FROM JAIL through her Attorney. Like, Comment and Share to Spread the Word! #freekimdavis #KimDavis #FreeKim
Mihet also appeared on American Family Radio’s “Sandy Rios In The Morning” yesterday to discuss the case, comparing a judge’s decision to put Davis in the custody of U.S. Marshals after he found her in contempt of court to the massive persecution Christians faced in Romania under the brutal Communist dictator Nicolae Ceaușescu.
Reflecting on Ceaușescu’s attempt to push the church underground and round up Christians, Mihet said that “never in my wildest dreams did I ever imagine that the day would come that I would have to represent an American citizen jailed for her convictions.”
The way Mike Huckabee sees it, the Supreme Court’s marriage equality ruling was “illegal, unconstitutional and unlawful” and thus Kentucky clerk Kim Davis is actually the only clerk in Kentucky, and possibly America, who is following the law by denying marriage licenses to same-sex couples. As Huckabee said on MSNBC last week, the Supreme Court’s decision in Obergefell has not yet come into effect because “you have to have enabling legislation” and neither Congress nor the Kentucky legislature have passed a law legalizing same-sex marriage.
Huckabee seems not to have considered the far-reaching implications of his legal theory, which, if correct, would mean that thousands of public officials across the country are violating the law by failing to enforce outdated codes that have been left on the books after being struck down by the courts.
The state of Georgia, for instance, only repealed its school segregation laws in 2005, more than 50 years after the Supreme Court’s ruling in Brown v. Board of Education. Surely, Huckabee doesn’t think that such laws should have been implemented for decades after Brown v. Board of Education was decided.
In an act of defiance that may be worthy of Huckabee’s commendation, the Louisiana legislature voted overwhelmingly last year to keep on the books the state’s “crimes against nature” law — which bans consensual oral and anal sex between people of any gender but had been used to target LGBT people — after fierce lobbying from Religious Right groups, even though the law had been overturned by the courts years earlier. This year, a Baton Rouge police officer arrested two gay men for violating the law, but his police department, recognizing that the law is not in effect, apologized to the men and didn’t press charges.
Of course, Huckabee doesn’t get to become the authority in America who gets to decide what God’s law says and which U.S. laws it trumps, just as Davis doesn’t get to use a county office to impose her personal religious views on others.
Seeing that Davis has said that she would never recognize gay marriage because, in her view, it violates God’s law, even if Congress passed a law legalizing gay marriage nationwide, Davis would still feel justified in ignoring it...and we bet she would still win Huckabee’s support.
On Friday, Mike Huckabee appeared on the Family Research Council’s “Washington Watch” program to defend Kim Davis, the Kentucky clerk who was found in contempt of court after repeatedly refusing to issue marriage licenses following the legalization of same-sex marriage.
Speaking with FRC President Tony Perkins, who will be joining the former Arkansas governor at a rally in defense of Davis today, Huckabee said that Davis’ rights have been “trampled upon by those who practice judicial tyranny.”
“I wonder if the president would be willing to trade some terrorists to get her out of jail,” Perkins joked. “It’d be nice if he would,” Huckabee said. “Bowe Bergdahl was traded for terrorists.”
Huckabee went on to say that prisoners in Guantanamo Bay have been “accommodated in every way and they were terrorists in our custody, yet Kim Davis is not given an accommodation of her faith and that’s why I say it is absolutely the criminalization of Christianity.”
Huckabee also told Perkins that Kim Davis’ case proves that gay marriage has an impact on all of us, claiming that now anyone who opposes same-sex marriage “may end up going to jail.”
“This is a county clerk who is in jail this weekend without bail, let me point out, because she believed that her faith was more important than following an illegal, unconstitutional and, as yet, an unlawful decision by the Supreme Court,” Huckabee said. “Congress hasn’t made a law yet that says there is same-sex marriage…. This federal judge is trying to enforce something that does not exist yet.”
Of course, Davis is not in jail because she opposes gay marriage, but because she has been held in contempt of court for consistently breaking the law. Requiring her to allow her office to perform its official duties for taxpayers in no way requires her to approve of same-sex marriage.
The GOP presidential candidate went on to say that Davis’ case shows that the government will soon imprison pastors or “the leader of a youth group that refuses to let transgendered [sic] people go and sleep in the same dorm at a church camp.”
Robertson invited Cahn onto his “The 700 Club” program today, where the two discussed Cahn’s claim that something bad will happen this month and when that bad thing happens, it will be a sign of God’s wrath.
Pointing to the birth last year of two cows that have facial marks that look like the number seven, Cahn and Robertson said that is all the proof they need that Americans should get ready for a cataclysmic event to occur in the coming weeks.
But Cahn saw more evidence that America is about to receive divine retribution, while cautioning that he doesn’t know what this bad thing might be and covering his bets by insisting that if a bad thing doesn’t happen this month, it is because “God is on the throne” and He chose to withhold His wrath.
Cahn told Robertson that the Supreme Court’s ruling on marriage equality and the White House’s display of rainbow colors to celebrate LGBT pride month amounted to a “triple desecration” because it desecrated marriage, the U.S. government and the image of the rainbow.
“America crossed the line,” he said. Cahn then discussed the Kim Davis case, claiming that the Kentucky clerk who has refused to issue marriage licenses to same-sex couples is just like biblical prophets who rebelled against tyrannical rulers to prove their loyalty to God.
“It’s like a perfect storm, all of these things coming together,” he said.
Nonetheless, the Benham twins went on to claim that gay marriage is still illegal in Kentucky:
The power to define marriage is not delegated to the federal government anywhere in the U.S. Constitution. Therefore, according to the 10th Amendment, individual states have the right to define marriage. And the way to do this is to amend a state constitution, which dozens of states have already accomplished by votes of the people. This is the beauty of our system. “We the People” get to decide on our laws (democracy).
Kentucky did this very thing in 2004, saying, “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
This is the law in Kentucky.
So, based on our system of government, Kim Davis did what was right by refusing to issue same-sex marriage licenses because she was upholding Kentucky law. And the 10th Amendment protects the law that Kentuckians put in place.
So the question is, if Kim Davis is sitting in jail as a lawbreaker today, what law did she break? Did the U.S. Congress pass a gay-marriage law when we weren’t looking? Was a same-sex marriage amendment voted on by the people of Kentucky without notice? The answer to all of these is “No.”
The fact of the matter is that five members of our Supreme Court have gone rogue and become tyrannical, disregarding our constitutional and federal system of government. And we the people believe that their opinion (decision) actually made a new law, legalizing gay marriage.
Today, presidential candidate Hillary Clinton unveiled her agenda for taking on the corrosive effects of money in our democracy. People For the American Way president Michael Keegan issued the following statement.
"Hillary Clinton should be applauded for putting out a comprehensive plan to address the disastrous effects of money in our elections. This is the kind of leadership we need to take on this challenge, and this is the kind of plan that Americans are demanding. I look forward to seeing Secretary Clinton talking with voters about her agenda for reforming our elections as a centerpiece of her campaign.
"All across the political spectrum, Americans are sick and tired of a system that serves the needs of big donors instead of ordinary people. 85 percent of Americans believe we need major reforms in the way money impacts our elections. Republicans, Democrats and independents support taking strong action, including amending the Constitution to overturn cases like Citizens United. And they want judges who will put the rights of individual Americans over the interests of corporations and special interests. Candidates on both sides of the aisle would be wise to follow her lead and speak out for a broad range of solutions that can put voters back in charge of our democracy. “
On her radio bulletin today, Linda Harvey of Mission America expressed outrage that Kentucky clerk Kim Davis had to go to court after barring her office from issuing marriage licenses to same-sex couples.
Harvey insisted that couples seeking marriage licenses in Rowan County should have just gone to a different county office where they wouldn't have faced discrimination from a public official, all the while claiming that same-sex marriages are fraudulent marriages anyway.
“We must challenge this idea that homosexuality reigns supreme in this country,” she said. “We must speak out against the tyranny that threatens the very fabric of America and how we work, what we teach our children, what we are allowed to say publicly, how we worship and what we are expected to support or else face retaliation.”
Two years ago, “Trunews” host Rick Wiles wondered if President Obama would use a trip to Jerusalem to “declare himself as God.” While that didn’t happen, Wiles has now offered new evidence that Obama will soon announce his godhood: a dream from a friend.
Wiles dedicated part of his Thursday broadcast to running a previously unaired segment of his interview with televangelist Jim Bakker, in which the two traded conspiracytheories and EndTimesprophecies. In the new segment, Bakker and Wiles discussed a dream that C. Alan Martin once had in which he prophesied that Al Gore would be the 43rd president and that his successor would bring about God’s judgment on America as he “claims to be God, but is of devil.”
That was all the proof Wiles needed, citing the dream as evidence that Obama is “evil” because he “said he is a God” and is bringing about America’s destruction. “This dream is coming true, the time is now,” he said.
Religious Right activists claimed that they were shocked and stunned this week when a federal judge held Kentucky clerk Kim Davis in contempt of court after she repeatedly refused court orders to allow her office to issue marriage licenses to same-sex couples, even after losing her appeal to the Supreme Court.
While the Religious Right has been outraged, many legal observers have wondered how anyone could be surprised that a judge would actually hold Davis accountable for blatantly violating the law. Some have even questioned whether Davis' lawyers at the conservative legal group Liberty Counsel are giving her bad advice and urging her to break the law in order to turn her case into a fundraising bonanza. As one retired judge told Louisville's Courier Journal, “I think you have an ethical responsibility to tell your client she doesn’t have a legitimate cause of action.”
Of course, Liberty Counsel founder Mat Staver has been urging public officials to defy the Supreme Court since even before the court issued its landmark marriage equality decision. The group acknowledged that the marriage equality ruling would “expose Davis to potential liability if she refuses to compromise her religious beliefs and violate her conscience.”
Davis, who identifies as a born-again Christian, doesn’t seem ignorant at all of the fact that she is breaking the law. In fact, she attempted to convince lawmakers to change Kentucky’s laws on marriage licenses in order to suit her demands. When that didn’t happen, Davis went ahead and ordered officials in her county not to issue any marriage licenses to any couples, citing “God’s authority.” According to Davis, “if I left, resigned or chose to retire” from the county clerk position, “I would have no voice for God’s word.”
Davis and her supporters are instead tried to use bizarre legal arguments to back up her case:
1)God’s law trumps U.S. law
Rena Lindevaldsen, a Liberty Counsel attorney, offered insights into the group’s legal thinking when she delivered a lecture to the Liberty University School of Law, which named Lindevaldsen its interim dean after Staver decided to dedicate more time to his work at Liberty Counsel.
Lindevaldsen told students in a speech titled “Do Government Officials Have Authority to Impose Their Morals on Others?” that any law that is not “consistent with Scripture” — or, more accurately, their interpretation of Scripture — is no law at all, and therefore, officials are obligated to break such laws since “civil government only has the authority that God has established.”
With this reasoning, Liberty Counsel thinks that officials can impose their morals on others as long as they are acting according to their understanding of the Bible, and therefore don’t need to respect the legalization of same-sex marriage because its unbiblical.
“Whether it’s zoning or taxes or marriage or abortion, in those issues, government doesn’t have authority to say that these things are appropriate because they’re contrary to Scripture,” Lindevaldsen said.
2) Davis was elected before Obergefell, so she’s exempt
In one positively bizarre defense of Davis, Religious Right activist Keith Fournier said that Davis’ oath to uphold the laws only requires her to uphold the laws that were in effect before January 2015, when she was sworn into office.
Some contend that that because Kim Davis works for “the government” she must comply by issuing the license with her name on it. In other words, she loses her right to religious liberty because she has a public position. This fails to consider the crucial fact that when she was elected to her post as the Rowan County Clerk, marriage under Kentucky law was solely between one man and one woman. That was the law she swore to uphold. Then the five oracles of the Supreme Court issued their edict in Obergefell v Hodges, with no basis in the Constitution, past precedent, common sense or the Natural Law.
If this was the case, then anyone who was elected to office before the Loving v. Virginia decision, which struck down state bans on interracial marriage, would then be able to refuse to issue marriage licenses to such couples. Likewise, officials who took office Brown v. Board of Education would be allowed to block the integration of schools.
The injunction operates not against Davis personally, but against the holder of her office of Rowan County Clerk. In light of the binding holding of Obergefell, it cannot be defensibly argued that the holder of the Rowan County Clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court.
3)Davis is the only clerk obeying the law
Mike Huckabee has been making the case that Davis is the only clerk upholding the law and that it is actually the vast majority of clerks who are issuing marriage licenses to same-sex couples who are the ones breaking the law.
As Huckabee said on MSNBC yesterday, marriage equality can only be legal in Kentucky if the legislature passes a same-sex marriage bill that the governor signs into law, adding that the Supreme Court’s Obergefell decision is invalid because the court “cannot overrule the laws of nature and the laws of nature’s God.”
When host Joe Scarborough said that Southern states still had to desegregate their schools after the Supreme Court ruled in Brown, despite the fact that the states still had segregationist laws on the books, Huckabee insisted that “you have to have enabling legislation.”
“The Supreme Court cannot and did not make a law,” the Republican presidential candidate said in a statement. “They only made a ruling on a law. Congress makes the laws. Because Congress has made no law allowing for same sex marriage, Kim does not have the constitutional authority to issue a marriage license to homosexual couples.”
Before Obergefell was decided, Staver insisted that a state “does not have to obey” a Supreme Court ruling in favor of marriage equality because it would be “so far removed from the Constitution” that it would cause one to ask if the justices have “literally lost their mind.”
Pat Robertson made the same claim, saying that Davis and others are “not obligated” to follow Obergefell.
4)Gays can just drive to another county
Davis and her lawyers argue that all 20,000 Rowan County residents must accommodate Davis’ personal religious views — views that she ordered all deputy clerks to follow — by driving to another county if they want to access government services.
“You drive 30 minutes in any direction in Kentucky and get a marriage license,” Staver said. “You don’t have to force Kim Davis herself to issue the license.”
And what if officials in the neighboring counties join Davis and the other handful of clerks who are refusing to issue marriage licenses? Staver doesn’t seem to know, as he would likely to defend such clerks as well, insisting that it is more reasonable to let one official disregard the law than to allow taxpayers to receive access to taxpayer-funded services.
5)Anti-religious test for office
While Davis may have exhausted her appeals in the case where couples challenged her refusal to issue them licenses, Liberty Counsel has tried to throw a Hail Mary by filing a lawsuit against Kentukcy's governor, alleging that enforcing the Obergefell is actually unconstitutional since it would “impose a religious test as a qualification to hold the office of county clerk.” The group even argued, like Fournier, that issuing marriage licenses would violate Davis' oath and represent anti-Christian discrimination:
19. Before taking office as County Clerk in January 2015, Davis swore an oath to support the constitutions and laws of the United States and the Commonwealth of Kentucky “so help me God.” Davis understood (and understands) this oath to mean that, in upholding the federal and state constitutions and laws, she would not act in contradiction to the moral law of God, natural law, or her sincerely held religious beliefs and convictions. Davis also understood (and understands) the constitution and laws she swore to uphold to incorporate the constitutional and other legal protections of all individuals’ rights to live and work according to their consciences, as informed by their sincerely held religious beliefs and convictions, including without limitation such rights she holds in her own individual capacity.
20. Davis’s sincerely held religious belief regarding the definition of “marriage” was perfectly aligned with the prevailing marriage policy in Kentucky at the time she took office, as provided in the Kentucky Constitution, Kentucky statutes, and controlling court decisions, and as effected by the Commonwealth through Governor Beshear and Commissioner Onkst.
38. Governor Beshear’s targeted and discriminatory marriage policy pronouncements constitute government-imposed pressure on Davis to act contrary to her religious beliefs, and expose Davis to potential liability if she refuses to compromise her religious beliefs and violate her conscience.
But the Rowan County office is not Kim Davis’ church or her “business,” as she once referred to it. Davis does not have to offer her personal support or approval to same-sex marriage; in fact, she and her church can remain dutifully opposed to such unions, but she cannot stop the government, which has legalized gay marriage, and county clerk deputies from performing job functions just because she has a personal disagreement.
Promoting his Tuesday rally in Kentucky defending county clerk Kim Davis, Mike Huckabee told Fox News that the government has been more accommodating to detainees in Guantanamo Bay than to Davis, who was jailed for contempt after violating court orders to issue marriage licenses to same-sex couples.
If gay people want to receive a marriage license, Huckabee said, then they should wait until Election Day to vote for a new county clerk.
In yet another column defending the Kentucky clerk, Fox News pundit Todd Starnes said that “perhaps one day, students of history will read not only letters from a Birmingham jail, but letters from a Kentucky jail.” He even likened Judge David Bunning, the Bush-nominated judge who held Davis in contempt of court, to Bull Connor:
Federal Judge David Bunning did with a gavel what Bull Connor tried to do with dogs and fire hoses. Please...
There are no silver bullets in the fight to get big money out of politics -- we need a comprehensive set of policy solutions that can help reclaim our democracy for everyday Americans. As we fight to enact the Democracy For All Amendment, which would overturn decisions like Citizens United and permit commonsense campaign finance legislation in the future, we must also work to enact reforms that could have meaningful impact right now.
Under the Court’s flawed interpretation of the First Amendment, our elected representatives in Congress and the states are hamstrung in their ability to control the excesses of election spending that we are currently seeing.