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Kim Davis JAILED for breaking no laws!

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Kim Davis is a city clerk in Kentucky.  She has repeatedbly denied marriage licenses to a gay couple, even following the Supreme Court decision earlier this summer.  She was jailed for contempt of court for not complying.  She is asking for a reasonable alternative to having her name on the licenses.  She has stated that she will file them, just doesn’t want her name attached to it for reasons of conscience.  So, the common response has been:  if she can’t do the job she is required to, why doesn’t she just step down??  I too thought it was as simple as that, as I think most people think it is.  It’s just not that simple.

The Defense of Marriage Act (DOMA) was enacted to protect the already existing definition of marriage (one man + one woman) so that new laws couldn’t be passed allowing gay marriage.  When the Supreme Court struck down DOMA we returned to the definition that already existed – the same (man+woman).  What the Supreme Court decision did was pave a most certain way that new legislation would allow for gay marriage, and yes I believe it will.  BUT, it has not.  No one has introduced a new law yet.

Therefore, technically Kim Davis is not violating any existing law.  She is guilty of contempt of court for not adhering to the judge telling her to start issuing gay marriage licenses, but he was acting outside of his authority by asking her to break the law.  Even if we foresee new laws coming, we can’t start breaking the current ones.  As much as you may not like it or agree with it, Kim Davis is the victim of judicial overreach and has broken no law.  She is in jail for adhering to the law.  And no matter how you stand on the issue – that should concern you.

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Discussion

6 thoughts on “Kim Davis JAILED for breaking no laws!

  1. Thank you for the much needed information Tim, I hope you have a good weekend … God bless you 🙂

    Posted by Pauline | September 4, 2015, 7:02 pm
  2. Excellent post.Thank you for unveiling this issue.

    Posted by guitartist858 | September 5, 2015, 9:24 am
  3. Very well written and so sad that our nation is crumbling.

    Posted by Lee | September 5, 2015, 1:50 pm
  4. > And no matter how you stand on the issue – that should concern you.

    I would definitely agree that we are in a very dangerous period at present. Once the Supreme Court ruled on same-sex marriage, every evangelical Christian non-profit in the country is in potential danger of losing tax-exempt status. And while there are ways the impact of that can be minimized—that is, it’s not the end of the world—there is a huge danger of serious losses of both freedom of speech and freedom of religion.

    Ambiguity is frustrating. Ambiguity in matters of law is potentially very dangerous. We had best do all that we can to clarify various of our rights by means of legislation (and perhaps even Constitutional amendments) because in another 30 years or so (probably less), the window of opportunity will have passed.

    As to the Kim Davis case, I don’t know enough of the legal technicalities to make an intelligent determination. But I do know that there are huge issues of ambiguity in law which place many of our liberties in peril.

    Canadian Christians have learned about these dangers the hard way. When various “hate speech” laws were enacted, Christians objectors were told, “Calm down. You are exaggerating the risks. Chill out.” and in a matter of MONTHS after the passage of such laws, pastors and preachers had been arrested on the basis of such laws. (And rights which require thousands of dollars in legal costs to protect are rights in technicality only.)

    I do think we need to choose our battles carefully. Christians in America have a long history of unwise strategies. We have a tendency to pick the wrong battles so that we win the skirmish but lose the war.

    Posted by Bible & Science Forum: Professor Tertius | September 5, 2015, 9:00 pm

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  1. Pingback: Kim Davis JAILED for breaking no laws! | Grace with Salt | Just B UniquelyU - September 4, 2015

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