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Elena Kagan

U.S. Supreme Court justice Elena Kagan. Jacob Burns Van Vleck Constitutional Law Moot Court Finals at George Washington University School of Law. February 2, 2012. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

KY Conflict Exposes Spiritual Issue

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.

In the midst of all the conflict taking place in Kentucky, and the court battles, that went all the way up to the United States Supreme Court, at the heart of all this is a spiritual issue.

Mat Staver: Matt, this issue with regards to Kim Davis has caught national attention. It’s been in the lower court in Kentucky, the Court of Appeals, and even reached all the way up to the Supreme Court. Liberty Counsel filed an emergency stay. The particular justice that was over Kentucky was Elena Kagan, and she had the ability to stay the effectiveness of the ruling below, pending the time of the appeal, which will take several months to complete.

Or she had the ability to refer it to the rest of the court. She referred actually to the rest of the court. We don’t know what the vote split was. It may have been the same 5 -4 vote split that was originally the one on June 26 with the marriage opinion. we weren’t asking them to overturn their opinion, we were asking them to grant a stay, a stay of a lower court order, so that it would not go into effect during the time of the appeal.

And therefore, her rights of conscience could be protected. We gave, in that particular petition — which was very well drafted — a number of options that are available. Other alternative means to obtain marriage licenses, so that you wouldn’t have to violate the conscience and religious freedom of Kim Davis. But, notwithstanding, we didn’t get the requisite number of votes, and the stay was not granted. So that expired on August 31. And so, consequently there’s still more court action that’s taking place. There’s still the appeal that’s going forward…

But at the heart of all this is a spiritual conflict, and at the heart of it is marriage. But the implications of it go not only to marriage and family, but to religious freedom and the right of conscience as well.

Matt Barber: People who do not have the Lord, who do not have the Holy Spirit, who do not believe in the full counsel of scripture, and that the Bible is the inerrant Word of God, cannot even comprehend. They cannot understand the untenable position that Kim Davis, and other Christians, frankly, find themselves in relative to this idea of  same sex “marriage.”

If Kim Davis were to just do what people say “Oh just issue the licenses, with your name on it, putting your stamp if approval, and the county’s stamp of approval, and you in your official capacity on counterfeit gay marriage. Just do it. There’s nothing to it. It’s just a piece of paper.”

They don’t seem to understand that that is the least compassionate, most hateful thing that she could do, would be to issue same sex marriage licenses her are about to enter into a counterfeit and false institution… 


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