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Kim Davis clerk

What Law Is Kim Davis Supposedly Defying?

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.

Some people have alleged that Kim Davis is defying the law. But the question is, what law are we talking about?

Mat Staver: Matt, you know you had this 4 – 5 opinion by the Supreme Court, 2+ months ago on June 26th, now let’s not get into a debate about whether that was based on the Constitution or not.

Chief Justice John Roberts had a very strong opinion about that in his dissent. He said it was 5 lawyers who imposed their will, not a legal judgement, not based on the Constitution, not based on the court’s precedence. He had a very strong dissent on the fact that this was just new right, so-called, that was invented without any constitutional authority at all. But let’s put that argument and that debate aside…

Let’s assume, for this discussion let’s assume, that there is no controversy over that opinion. That there’s no controversy at all and that it’s sound in everything that it says…

Kentucky statutes, those laws that Kim Davis swore an oath to ultimately uphold, the Kentucky Constitution and the Kentucky statues, she is an obligated individual as an elected official to deal with those. And they specifically say, in part, that if you issue a license for marriage to someone who is not authorized by statute to receive that license for marriage, there are implications for the clerk. And those implications could be criminal.

So the Kentucky statutes have never been amended. Even if the court strikes down a law, as unconstitutional, another one that conforms to what they said doesn’t automatically just appear. What has to happen is the legislature must convene and they must address that particular opinion, and they must enact a law that would be consistent with or implements that particular opinion. Thus far the Kentucky General Assembly has not done that…

Matt Barber: Let’s talk about the rule of law here. That’s what we keep hearing the Left now, and Kim Davis’ detractors talking about. To Kim Davis and her supporters, her courageous stand here represents ultimate faithfulness to the ultimate law-giver. but to her detractors it represents stubborn indifference to the law. 

But as you point out Mat, the law remains unchanged and on the books as codified. We’re talking about Section 402.005 and 402.020 of the Kentucky Revised Statutes. They have not changed and they say clearly in part, that marriage is “…condition, or relation of one (1) man and one (1) woman united in law for life…” that’s part of the first section.

Section 402.020 says, “Marriage is prohibited and void between members of the same sex…” That is the law that is codified on the books in Kentucky. It has not been amended.



 

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