The PC police, who seem hellbent on forcing all people to accept gay marriage after the controversial Supreme Court Obergefell decision, suffered a setback when activist federal judge David Bunning released Kim Davis from a Kentucky jail. Davis, a county clerk, spent five days behind bars after refusing to have marriage licenses to same-sex couples go out under her name, which would, in effect, be condoning a practice that violates her religious beliefs.
Judge Bunning simply could have slapped Kim Davis with a fine but, no, this activist liberal judge chose to throw her in jail until she complied with his wishes. Tuesday, Bunning backed down, bowing to pressure after denying Davis her due process and her rights under the First Amendment and the Religious Freedom Restoration Act.
Throughout our history there has been a tug-of-war between law and religious freedom. In 1993, Congress passed the RFRA which was signed into law by Bill Clinton. RFRA set out two conditions that must be established if federal laws are to trump an individual’s religious freedom: (1) The burden must be necessary for the furtherance of a “compelling government interest.” (2) The rule must be the least restrictive way in which to further the government interest. Since that time, many states, including Kentucky, followed suit and passed their own RFRAs.
Tuesday, Davis emerged from jail to a thunderous welcome from an appreciative crowd that had gathered outside, which included presidential contender Mike Huckabee. Senator Ted Cruz also made a stopover in Kentucky to visit her and Ben Carson took time out from his west coast swing to go on a national television show to defend her. Six other GOP wannabes, Senator Marco Rubio, Governor Scott Walker, Senator Rand Paul, Louisiana Gov. Bobby Jindal, former Gov. Jeb Bush and former Senator Rick Santorum also voiced their support.
However, some of the GOP’s presidential candidates, including frontrunner Donald Trump, have piled on, adding their voices to liberal activists who say that Davis simply should do her job or resign. This shows their ignorance of the Constitution and the law, which is scary.
Here is what most people don’t know about the Davis case:
- Davis only asked that the Kentucky marriage license forms be changed so her name would not appear on them. She would record any license without her name affixed.
- Before the Supreme Court issued the Obergefell decision, 57 clerks, including Davis, wrote a letter to the Kentucky legislators during its regular session, pleading with them to “get a bill to the floor to help protect clerks” who had a religious objection to authorizing the licenses. The Kentucky Clerks Association also recommended that the names of clerks be removed from the forms.
- Kentucky Senate President Robert Stivers filed a brief in the Davis case, pointing out to Judge Bunning that the “Supreme Court ruling has completely obliterated the definition of marriage and the process for obtaining a marriage license in Kentucky. The General Assembly will be compelled to amend many sections of Kentucky law, not just for the issuance of marriage licenses, to comply with the recent Supreme Court decision.”
- Stivers also pointed out that the governor can call a special session of the legislature, or he could simply issue an executive order about the licenses to be codified at a later date by the legislature. He respectfully urged the judge delay or temper his ruling until the legislature had a chance to act. State legislators from both parties have indicated that they feel that the concerns of Davis and the other county clerks can be accommodated.
- Davis is not the only county clerk who has refused to issue the licenses under the present conditions set forth in Kentucky law.
- Three other states, North Carolina, Alabama and Texas already have provided an accommodation such as the one Davis is requesting.
Not only is religious freedom an issue here but equal justice under the law. Last year, Kentucky’s liberal governor, Steve Beshear, decided to honor the wishes of his attorney general, Jack Conway, when Conway refused to defend the state’s ban on gay marriage saying that it violated his principle of “fairness.” It costs Kentucky more than $200,000 for a private law firm to defend the statute. Where was Judge Bunning when Conway refused to do his job and defend the law?
Sadly, many Christians seem willing to join liberal activists who are throwing stones at this courageous county clerk. Be warned: If Davis cannot be accommodated, nothing you hold sacred can be protected. The jailing of Davis was a shot across the bow and should be a wakeup call for every American.