Obergefell v. Hodges
When Kim Davis was arrested and sent to jail by a federal judge for refusing to issue same-sex marriage licenses in Kentucky due to her religious beliefs, it made me think of Martin Luther King, Jr’s words in his well known letter from a Birmingham jail. “One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” Civil disobedience has an important place in our republic. The new civil rights movement has begun.
In theory, everyone should be free to do what they want to do. When someone disagrees with something but they are forced into participation, that is when the problem arises. The Kentucky clerk of Rowan County, Kim Davis, was elected to her position prior to the Obergefell v. Hodges Supreme Court decision, which legalized same-sex marriage all over the country. Her job description was suddenly changed overnight. On this wikipedia chart, it shows prior to Obergefell v. Hodges, gay marriage very rarely won via referendum vote by the people. Before this Supreme Court case, most states where gay marriage was legal, it was due to a federal court decision.
Obergefell v. Hodges legalized gay marriage based on the equal protection phrase of the 14th Amendment. This was one of the Reconstruction Amendments. It handles the citizen rights of former slaves who were recently freed at the time. Following the Civil War, it gave freed slaves equal protection under the law. To use the 14th Amendment to legalize gay marriage is preposterous, especially since two years earlier, Justice Kennedy acknowledged marriage as something for the states to decide. As Justice Scalia said, “The five Justices who compose today’s majority are entirely comfortable concluding that every State violated the Constitution for all of the 135 years between the Fourteenth Amendment’s ratification and Massachusetts’ permitting of same-sex marriages in 2003.”
I never really thought the same-sex marriage issue was actually about helping gay people. Come on, the Left never does anything to help anybody. The long, hundred year progressive plan includes elements of slowly breaking apart the relationship people have with their families and with God. Socialism thrives in an atmosphere where atheism and loneliness rules supreme. Freedom dwells more in the realm of God. At it’s basic tenets, the fight between liberty and tyranny is a clear cut case of good versus evil.
Kim Davis sat in jail, while the most lawless president in American history Barack Obama, remained free and never even came close to being impeached by the spineless, futile Republican leadership. In interviews, Sen. Ted Cruz questioned why other lawless officials weren’t in jail for disobeying the law. Cruz brought up the Mayor of San Francisco who declared his city a sanctuary city defying immigration laws. American citizens have been murdered by violent illegal aliens because this Mayor is violating the law and the Attorney General of California has allowed the sanctuary city in San Francisco to stand unchallenged.
Government is persecuting Davis for her faith over this lawless judicial decree. Sen. Cruz also reminded us we were founded by people who fled religious oppression, who wanted to worship freely without government getting in the way. The presidential hopeful worried about the premise that Christians can no longer hold public office unless they violate their faith or go to jail.
Republican presidential candidate Ben Carson believes we are still a Judeo-Christian nation whose values are based under those beliefs. He stated that congress should somehow step up to prevent situations similar to Kim Davis from happening in the future. He believes separation of powers exist because when one branch of government makes a mistake such as the Judicial branch, it is up to the other branches to correct the problem. Nobody should be able to force their way of life onto another.
The Supreme Court decision was blatant judicial activism. Leftists try to debate the Davis situation by throwing around the establishment clause of the Constitution. “Congress shall make no law respecting an establishment of religion, OR PROHIBITING THE FREE EXERCISE THEREOF.” The purpose of “no establishment” was to protect “free exercise.” According to law professor, Rob Natelson, whenever in conflict, the former must yield. Sexual behaviors are not a religion, despite what the militant, rainbow flag waving activists at GLAAD want us to believe. Gay people are less than 2 percent of the American population. This same-sex marriage issue was designed from the beginning to be an assault on the Christian majority and a part of the transformation of America.
Years ago, Justice Black’s opinion with Everson v. Board of Education established the anti-religious precedent which has done so much damage to religious freedom. And of course Black had ulterior motives as a KKK member who was also an anti-Catholic intolerant hateful bigot. The First Amendment was meant to protect religion from government, not to protect government from religion. It’s meant to protect individuals like Kim Davis, not the government body which employs her. The phrase “Separation of Church and state” came from a letter Jefferson wrote, not the Constitution. The statists like to figure out ways to twist language, misinterpret and use the law against the law-abiding. Five justices acted outside the law when they legalized gay marriage. They violated the law. Now, people are asking average citizens to simply obey and “follow the law.” Well, Anthony Kennedy isn’t a king and this is tyranny.
Our framers were men of faith. Many of our monuments and buildings reference God and the Bible. For decades now, our countries court system has abused the First Amendment’s free exercise clause in an attempt to erase this nation’s Christian heritage. As Mark Levin wrote in his book, Men In Black, “The intensive and concerted effort to exclude references to religion or God from public places is an attack on our founding principles. It’s an attempt to bolster a growing reliance on the government—especially the judiciary—as the source of our rights. But if our rights are not unalienable, if they don’t come from a source higher than ourselves, then they’re malleable at the will of the state. This is a prescription for tyranny.” In the same book Levin refers to judicial activists as “radicals in robes.” What a great description.
Even President Lincoln defied a Supreme Court decision with Dred Scott. Abraham Lincoln and Martin Luther King Jr. are two great leaders in our history who have used peaceful disobedience to prove a point. One man, Justice Kennedy, is imposing his desires and beliefs on 300 million people. Justice Scalia even advised people to defy this same-sex marriage law in his dissent because it is unconstitutional. Once again, like Ronald Reagan used to remind us, the federal government is the problem. They have no respect for the 10th Amendment. They have no respect for federalism. Hopefully, more people will begin rising up like Kim Davis did against this runaway federal government flooded with judicial activism.
Marriage is and always has been, first a religious institution, but secondly a state issue. The federal government has no right to involve itself in marriage. The Constitution clearly spells out in plain language what specific powers the federal government has, the states cover everything else. Each individual has unalienable rights which no government can take away. We will begin to see more and more Christians being persecuted in this country. More and more people will begin to take a stand against this iron fisted lawless government which is currently running the United States. The law is being used to violate the Constitution, which is the ultimate law, and the document which protects the people from out of control centralized tyranny.
This line from the Declaration of Independence still holds true today, “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, IT IS THEIR DUTY, to throw off such government, and to provide new guards for their future security.”
Religious liberty is under attack! We will see this War On God continue as the Left marches forward with its fundamental transformation of America. As conservatives, at times we will need to disobey, to commit civil disobedience and to remind ourselves we are serving a higher power, one who sides with freedom.
Remember what Aristotle once said, “It is not always the same thing to be a good man and a good citizen.”