Liberty Counsel: Enforcing Marriage Equality Decision Violates The Constitution

Liberty Counsel, the right-wing legal group which has called for civil disobedience and a revolution to resist the Supreme Court’s decision on marriage equality, has been defending a county clerk in Kentucky who was sued for refusing to issue marriage licenses to same-sex couples.

The group’s founder, Mat Staver, who argues that the states and cities should simply ignore the marriage equality ruling, announced today that his group is now filing a lawsuit on behalf of the Kentucky clerk, Kim Davis, against the state’s governor, alleging that his enforcement of the Supreme Court’s decision violates the U.S. Constitution. The suit [PDF] argues that because the clerk opposes same-sex marriage, she should not have to perform her job duties and comply with the state’s marriage laws because doing so “would violate her deeply and sincerely held religious beliefs.” 

The group adds that Davis’ belief in divine laws trumps the court’s recent decision: “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.”

By enforcing the marriage equality decision, Liberty Counsel claims, the state is violating the U.S. Constitution’s First and 14th Amendments. The group even alleges that the state is violating Article VI by trying to “impose a religious test as a qualification to hold the office of county clerk.”

1. The Commonwealth of Kentucky, acting through Governor Beshear, has deprived Davis of her religious conscience rights guaranteed by the United States and Kentucky Constitutions and laws, by insisting that Davis issue marriage licenses to same-sex couples contrary to her conscience, based on her sincerely held religious beliefs. Because of Governor Beshear’s open declaration that Davis has no such rights, Governor Beshear has exposed Davis to the Plaintiffs’ underlying lawsuit, in which the Plaintiffs claim a constitutional right to a Kentucky marriage license issued specifically by Davis. Governor Beshear is not only liable to Davis for Plaintiffs’ claims, but is also obligated to effect Kentucky marriage licensing policies that uphold Davis’s rights of religious conscience.

8. The Commonwealth of Kentucky has a body of democratically-enacted law memorializing the millennia-old, natural definition of marriage as the union of one man and one woman. In 1998, the Kentucky legislature codified at Ky. Rev. Stat. § 402.005 the natural definition of marriage, previously entrenched in Kentucky common law, that “‘marriage’ refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.” In 2004, the Kentucky legislature proposed a constitutional amendment, which was subsequently enacted on the approval of seventy-four percent (74%) of the voters, memorializing that “[o]nly a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky” KY. CONST. § 233A.

16. Davis is a professing Christian who is heavily involved in her local church, attending weekly Bible study and worship services there, and who leads a weekly Bible study for women at a local jail. 17. As a Christian, Davis possesses a sincerely held religious belief and conviction, based upon the Bible which she believes to be the Word of God, that “marriage” is exclusively a union between one man and one woman. According to her beliefs, there is no arrangement of people other than one man and one woman that is, or can be called, “marriage.”

18. As county clerk, as a matter of Kentucky law, Davis authorizes, and signifies her authorization and approval by affixing her name to, each and every marriage license issued from her office. But Davis can neither authorize nor approve the “marriage” of a same-sex couple according to her conscience, because even calling the relationship of a same-sex couple “marriage” would violate her deeply and sincerely held religious beliefs. Nor can Davis allow her name to appear as the source of authority and approval for any marriage license issued to a same-sex couple because providing such approval would violate her sincere religious beliefs and convictions.

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.

59. Davis’s sincerely held religious beliefs prohibit her from issuing marriage licenses to same-sex couples. Davis’s compliance with her religious beliefs is a religious exercise.

86. Kentucky’s marriage policies, as effected by Governor Beshear and Commissioner Onkst, violate Davis’s rights secured to her by the Free Exercise and Establishment Clauses of the First Amendment to the United States Constitution and by the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

99. Kentucky’s marriage policies, as effected by Governor Beshear and Commissioner Onkst, require persons with religious beliefs like those of Davis to renounce such beliefs as a condition to holding the office of county clerk, and thereby impose a religious test as a qualification to hold the office of county clerk.

100. Kentucky’s marriage policies, as effected by Governor Beshear and Commissioner Onkst, violate Davis’s rights secured to her by Article VI of the United States Constitution and the Fourteenth Amendment to the United States Constitution.

Donald Trump: America Is 'Being Attacked' By 'Bad Hombres' Coming Across The Border

In an interview with a right-wing television network today, Republican presidential frontrunner Donald Trump warned that America may not survive "being attacked" by “bad hombres and bad dudes” coming into the country through the southern border.

One America News Network pundit Graham Ledger asked Trump whether he would use his “bully pulpit” as the leader in presidential primary polls to address “this attack that’s coming to us every day from illegal immigrants and what we have to do to secure our sovereignty down at the border.”

“You use the word ‘attack,’ and it is an attack, we’re being attacked,” Trump agreed, citing two cases of American citizens being killed by undocumented immigrants that have received a lot of attention from conservative media.

“You look at beautiful Kate [Steinle] and what’s going on like in San Francisco and Jamiel [Shaw] and so many people being killed and hurt badly. And people are coming through the border that are really bad hombres and bad dudes and these are people that Mexico doesn’t want and other countries where they come from, they don’t want them.”

Other countries, he said, are “forcing” these “bad hombres” into America, where they will either go to jail or “go around killing people in our streets.”

“Another four years, another eight years of this kind of stuff, and we’re not going to have a country anymore,” he added.

Trump told Ledger that running for president was “not anything that I wanted to do” but that he couldn’t stand by as “the Constitution of this country has been absolutely riddled with bullets from the Obama administration.”

Ledger, for one, was very impressed by Trump’s self-sacrifice, declaring that the billionaire was doing his “duty” in following his “calling” to run for president, just like the men who enlisted in the military in World War I and World War II.

Already-Huge Heritage Foundation Expands DC Presence To 'Hit Washington Establishment' From 'Close Range'

The Heritage Foundation is a giant within the massive right-wing legal, political and cultural infrastructure that has been built over the past several decades. An ideological marketing operation in the guise of a think tank, Heritage has played a significant role in in getting economic and social conservatives to work together to push the Republican Party further and further to the Right. It operates out of an enormous complex near the U.S. Capitol — one that Heritage has announced is now growing even bigger.

In an email headlined “From close range,” Heritage President Jim DeMint writes:

If we’re going to reclaim America, conservatives have to hit the Washington Establishment from close range.

That’s why a critical phase of The Heritage Foundation’s Reclaim America campaign is building the Freedom Center.

Only steps from the U.S. Capitol, the Freedom Center will be at very close range. It will be your conservative stronghold for retaking our country.

The group’s website says, “The new Freedom Center will be the driving force behind a revitalized conservative resurgence, not just in Washington, but also around the country.”

The Heritage Foundation is vastly expanding our presence in Washington D.C.—the belly of the beast.

Our headquarters in the heart of Washington, D.C. is just two city blocks from the Senate offices, three city blocks from the Capitol building, and three city blocks from the House offices. It’s from this base that we will wage a policy war with the Left and the Establishment at very close range. In politics, proximity matters. That’s why our physical presence is key and that’s why expansion is critical to future conservative victories.

To beat down Big Government, we need to expand our footprint on Capitol Hill.

The Freedom Center will be only blocks from the U.S. Capitol in a remodeled structure already purchased—prime real estate once rented by far-left groups. The modernized Freedom Center will be specifically outfitted for:

  • Educating Congress about how conservative ideas solve today’s problems and help the American people;
  • Reaching the American people with an enhanced media outreach program focused on spreading conservative ideas;
  • Communicating facts to mobilize grassroots Americans;
  • And bringing together conservative groups to coordinate strategy.

In short, the Freedom Center will be a beachhead from which we can advance your principles in Washington from inescapably close range. 

DeMint says that Heritage is trying to raise $1 million for the project by August 18 and that a donor will match gifts made by August 18. According to IRS filings from 2013, the Heritage Foundation had income that year of $112.7 million, with net assets of more than $194 million. Its explicitly political arm, Heritage Action for America, reported income of $8.8 million and net assets of $4.8 million.

Jonathan Falwell: Gay Marriage Will Legalize Bestiality & Pedophilia

Seeing that GOP congressmen and Religious Right leaders alike have appeared on Rick Wiles’ insane conspiracy theory radio program “Trunews,” we weren’t that surprised that his guest yesterday was Jonathan Falwell, Jerry Falwell’s son and successor at the pulpit of Thomas Road Baptist Church.

Falwell warned Wiles that the Supreme Court’s recent decision on marriage equality means that “I can marry a child” or “I can marry an animal” because America is making law based on “whatever seems to be popular.”

The conservative televangelist said that gay marriage can be reversed, just like America ended “the horrors of slavery.”

Falwell also predicted that the government will force pastors to perform same-sex marriages, alleging that Couer d’Alene, Idaho, has already threatening pastors with fines and jail time if they refuse to officiate same-sex couples’ weddings. The claim that Couer d’Alene authorized such a measure is actually a myth propagated by right-wing activists.

Linda Harvey: Obama And Clinton 'Pushing A Deviant Agenda' Abroad

Mission America’s Linda Harvey is steamed that the Obama administration has committed to fighting laws criminalizing homosexuality, and she is particularly upset that the president criticized a Kenyan law making homosexuality an offense punishable by a 14-year jail sentence.

Harvey took to WorldNetDaily today to blast “Obama’s obsession with exporting the ‘LGBT’ agenda,” claiming that “Obama and his administration don’t seem to care about the inevitable harm to children and families” that such a policy will cause.

Harvey also criticized Hillary Clinton, who made combating anti-LGBT bias a centerpiece of her policy program as secretary of state, for supposedly “pushing a deviant agenda” with the help of those “who seek to destroy faith and families.”

Among the important questions America puts before presidential candidates should be this: “Will you pledge to stop using the executive branch to spread inaccurate, divisive homosexual propaganda to other nations?”

Obama’s obsession with exporting the “LGBT” agenda came up again recently when he visited his ancestral country of Kenya and used his speech to plead the standard victimhood narrative, that it’s wrong to “discriminate” against harmless inborn differences that aren’t hurting anyone. Yet this denial of reality is unpersuasive to those who know better.

Obama and his administration don’t seem to care about the inevitable harm to children and families. In Kenya, elsewhere in Africa and globally, the U.S. pressure on vulnerable populations is enormous.

Our State Department under Hillary Clinton even started a private-public program, the Global Equality Fund, to plant grass-roots homosexual activists to organize for this “human right.” Obama just appointed a new envoy for global “LGBTI” rights, Randall Berry, who has already offended Christian majorities in nations like Jamaica.

The Hillary Clinton-initiated Global Equality Fund has become an arm of U.S. foreign policy. The GEF, with private advocacy donors (like Arcus, which gave $1 million in 2012), uses the imprimatur of the U.S. State Department to browbeat poor countries into embracing homosexual and transgender behavior, enacting same-sex “marriage” and encouraging these behaviors among youth. The radical Human Rights Campaign is also a donor.

Thankfully, many African countries are standing strong and resisting threats by the U.S. to withhold both foreign aid and assistance in fighting terrorism.

Here’s a question for Hillary Clinton: “If you are elected, how large do you anticipate the Global Equality Fund would become, and how much would George Soros, Kevin Jennings and the Human Rights Campaign contribute?”

Imagine what liberals would say if the BATF conducted programs funded by the National Rifle Association.

Our government’s goal in Africa should be humanitarian aid and assistance in fighting terrorism, not pushing a deviant agenda. And certainly not with the help of Kevin Jennings and others who seek to destroy faith and families.

WorldNetDaily: Gay Marriage Will Lead To Divine 'Obliteration' Of America

Marriage equality may cause God to order the “obliteration” of America, at least according to WorldNetDaily.

As WND news editor Leo Hohmann explains today in his report, “Why Did God Order Obliteration of Ancient Canaanites?,” Canaanite approval of homosexuality is the reason that “God ordered the Israelites to wipe out the Canaanite society.”

“Isn’t it interesting that one of the oldest known references to homosexual contracts sanctioned by a government and society references a society for which God ordered its total destruction?” Carl Gallups told Hohmann. “Not only that, but God gave the reason for its destruction as being ‘defiled’ and worthy of ‘vomiting out its inhabitants.’”

Gallups added that “the current U.S. administration is exporting the Sodom spirit, in some cases by threat and force,” a development that he called a “prophetic end-time occurrence” proving that “we are living in the days of God’s final warning.”

Hohmann also spoke to anti-LGBT author Michael Brown, who alleged that homosexuality was responsible for Noah’s flood.

Has the U.S. Supreme Court placed America on a collision course with the Almighty with its 5-4 decision to legitimize same-sex marriages, putting it on equal footing with traditional marriage in all 50 states?

“Interestingly, there are three rabbinic texts from the early centuries A.D. that speak of the pagans and/or the people of Noah’s day practicing same-sex ‘marriage.’ If these traditions are accurate – and one must wonder where they came from – that would mean that societies that did make such radical changes didn’t survive,” Brown told WND.

Carl Gallups, a Baptist minister, pastor, author and radio talk-show host, has also devoted much time to this issue in light of the Supreme Court’s June 26 ruling.

He believes the fact that homosexuality was not only practiced widely in ancient Canaan but that authorities apparently gave it their stamp of approval may well have been why God ordered the Israelites to wipe out the Canaanite society.

“Isn’t it interesting that one of the oldest known references to homosexual contracts sanctioned by a government and society references a society for which God ordered its total destruction? Not only that, but God gave the reason for its destruction as being ‘defiled’ and worthy of ‘vomiting out its inhabitants,’” said Gallups, author of “Final Warning: Understanding the Trumpet Days of Revelation.”

"So, not only do we have the plain-text biblical example of Sodom and Gomorrah, but we also have the biblical/historical/Midrash example of the Canaanites," Gallups said.

Not only has the Supreme Court passed an unconstitutional and illegal gay marriage law, but also the current U.S. administration is exporting the Sodom spirit, in some cases by threat and force, throughout the world of its reach and influence."

The latest example of this exportation of the "Sodom spirit," Gallups notes, took place last week when President Obama publicly chastised the president of Kenya for not promoting the homosexual agenda in his country. As is the case in almost every African country, the mere practice of homosexuality in Kenya remains a serious crime, and there is no "marriage equality" offered to non-heterosexuals.

Like the ancient Canaanites, Gallups believes the U.S. will ultimately encounter serious consequences for its sanctioning of same-sex marriage and its exportation of the practice abroad.

"If this is not a prophetic end-time occurrence slapping us in the face – I don’t know what is," he said. "I still maintain we are living in the days of God’s final warning. We had best take heed, lest the Creator of life, marriage, and sexuality render His Court’s decision upon us – and it won’t be pretty."

"This is why God has so much to say about how we use our sexual nature – and especially when we degrade His plan for sexuality and marriage by engaging in, celebrating, and legalizing homosexual activity and marriage," Gallups said. "It never, in the entirety of history, has ended well for individuals, much less a society, that has disobeyed the Word of God in this matter."

NOM’s Brian Brown: Ending Anti-Gay Discrimination Means Giving 'Believers' the Shaft

Religious Right leaders have long argued that legal equality for LGBT people cannot coexist with religious freedom. Now that the Supreme Court has made marriage equality the law of the land, and the LGBT movementis seeking protections against discrimination in employment, housing, and public accommodations, these claims are getting more shrill.

The Right is worked up about the introduction in Congress last month of the Equality Act, which would provide legal protection against discrimination based on sexual orientation and gender identity in employment, housing, access to public places, federal funding, credit, education and jury service. The Equality Act, says Lambda Legal, “does not change the religious exemptions already in federal law.”

Miranda reported last week that Brian Brown of the National Organization for Marriage said the Equality Act should be called “The Persecution of Americans Act.” Now, in a new fundraising email, NOM calls the “Beyond Marriage Equality” agenda “an outrageous attempt to persecute Americans who believe in God” and suggests that extending civil rights protections to protect LGBT people would be “catastrophic.”

The agenda being advanced by the left will have a catastrophic impact on every single American as it covers housing, employment, access to public places, federal funding, credit, education and jury service. Gays and lesbians get special legal rights and can beckon the government to target people of faith for investigations and punishment, while Americans who believe in God get the shaft.

But Brown doesn’t speak for “Americans who believe in God.” Most Americans, including religious Americans, support nondiscrimination laws that protect LGBT people. A Public Religion Research Institute survey from June found that 60 percent of white evangelical Protestants support nondiscrimination laws.  As PRRI’s Robert Jones recently wrote in the Atlantic:

Today, nearly seven in ten (69 percent) Americans favor laws that would protect LGBT individuals against discrimination in jobs, public accommodations, and housing, compared to 25 percent who oppose such policies. And there is majority support for these protections across partisan and religious lines. In fact, most Americans actually already believe that workplace nondiscrimination is the law of the land: Three-quarters (75 percent) of Americans incorrectly believe it is currently illegal under federal law to fire or refuse to hire someone because they are gay, lesbian, bisexual, or transgender.

A poll conducted for HRC earlier this year found overwhelming public support for a nondiscrimination law.

WorldNetDaily Catches Obama's 'Demonic Spirit' In Kenya

WorldNetDaily, the same right-wing outlet that broke the earthshattering story about how a housefly that landed on President Obama proved that he is possessed by demons, has found new evidence of Obama’s Satanic nature: a grey blur, likely a boom mic, seen in a video of Obama exiting Air Force One on his recent trip to Kenya.

Start watching at the 7:50 mark in this video to see the “demon” for yourself:

Joe Kovacs, WND’s executive news editor, says he is just asking the question: “Is this a demon racing in front of Obama?

Kovacs interviews a “concerned woman” who “saw a demon run by” Obama, and reports that a “video editor who examined the footage” also wondered if it was “some type of other-worldly being.”

The brave journalist also notes that a “freeze-frame analysis indicates the flash may appear to have a head and shoulders as it scurries along.”

While the notorious birther outlet may not yet have uncovered Obama’s secret Kenyan birth certificate, at least now they have found his Kenyan demonic spirit.

He’s the U.S. president who has hadflies land on his face numerous times, prompting some to call him “Lord of the flies.”
And he has been buzzed by bees.

And has had rodents running across his presidential podium while addressing reporters.

His face has even been compared to the character of Satan the devil in “The Bible” TV miniseries .

And now, a mysterious flash during Barack Obama’s visit to his ancestral homeland of Kenya last month has some people wondering once again about the president’s ties to strange phenomena.

The latest case involves video of Obama’s arrival July 24 in Kenya’s capital city of Nairobi, posted by Kenya CitizenTV.

As the president smiles and shakes hands with those greeting him at the airport after he descends from Air Force One, a strange image races across the screen from right to left, seemingly directly in front of Obama.

“My husband and I were watching this and I told him I saw a demon run by,” a concerned woman told WND.

“He didn’t believe until I rewound the video. Please take a look!”

The translucent, gray figure rushes by in the blink of an eye, and is difficult to discern at regular speed. A freeze-frame analysis indicates the flash may appear to have a head and shoulders as it scurries along.

Of course, there's a variety of possible explanations for the mystery, including a camera flash, a reflection, an out-of-focus person, a boom microphone, a bird, an insect, a glitch in the video or the always popular optical illusion.

A video editor who examined the footage told WND: "From a video editor's standpoint, it could just be some sort of glitch. However, there doesn't seem to be any logical reason as to why this glitch would appear as the rest of the video seems to be functioning fine. The image does look like some type of other-worldly being, but I'm sure everyone's own imagination will conjure up what they would like it to be."

Right Wing Round-Up - 8/4/15

  • Eric Hananoki @ Media Matters: GOP 2016 Contenders Are Courting Erick Erickson, The Anti-Gay Pundit With A “Pattern Of Being Disrespectful To Women.”
  • Alan Colmes: Colmes vs. David Horowitz: Is Obama a ‘Jew-hater’?

Right Wing Bonus Tracks - 8/4/15

  • Two men in Mississippi reportedly open fired at military service members at a Jade Helm 15 training site.
  • Don Feder explains that “for liberals, deaths only matter when they can be used to indict racist America or attack the private ownership of firearms.” 
  • Fox News pundit Todd Starnes has some thoughts: “It’s a mess out there, folks. Firestorms in the West. A great deluge in the South. Immorality in Washington. If I didn't know better I’d say Someone might be trying to tell us something.”
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