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Kim Davis 2

Federal Court Ignores the Constitution

Faith and Freedom with Liberty Counsel’s Mat Staver and BarbWire’s Matt Barber… An 11-minute weekday radio program discussing hot topics in the area of religious liberty, the sanctity of human life and the family.

A federal court in Kentucky has now ordered a Kentucky clerk, Kim Davis, to issue same sex marriage licenses. But the case is far from over.

Mat Staver: Matt, Liberty Counsel represents the Rowan County Clerk Kim Davis, and she has refused to issue same sex marriage licenses for several reasons. First of all, it is a collision against her religious beliefs and she has a right under the enumerated first Amendment of the Constitution to have her First Amendment free exercise protected.

And secondly, she also has looked at the opinion and concluded that it is not consistent with the Constitution. In fact it’s not based on the Constitution and she must uphold the rule of law, which does not require same sex marriage.

So this case now is before the federal court. She was sued by the ACLU. Liberty Counsel is defending her. We went to court several times and Judge Bunning, the federal court, has now issued an opinion ordering her to issue same sex marriage licenses.

Matt Barber: I’ve read some comments and some media reports on this, Mat, and some have said she has a responsibility, she took an oath to do this. Well no, actually she took an oath to follow the Constitution.

And it’s not just her opinion that this decision has nothing to do with the Constitution, the four dissenting justices expressly said “This has nothing to do with the Constitution,” and the five in the majority, the five activist justices in this case, didn’t even try to feign some kind of constitutional analysis for this. They just said “Well, we just think it needs to be so we’re going to say it’s so.” 

So she is actually abiding by her oath by not issuing these counterfeit same sex marriage licenses. So it’s not just an issue of her guaranteed First Amendment right not to do this, not to violate her freedom of religious expression, but it is a constitutional matter…



 

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