Supreme Court

 
 

DEACON: Disobey – Taking a stand for religious liberty

Photo: Getty Images

Photo: Getty Images

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.

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(Getty Images)

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.

Ben Carson speaks to the Palm Beach Republican Club in Palm Beach, Fla., on Monday, Feb. 16, 2015. (Carline Jean/Sun Sentinel/TNS)

Ben Carson speaks to the Palm Beach Republican Club in Palm Beach, Fla., on Monday, Feb. 16, 2015. (Carline Jean/Sun Sentinel/TNS)

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.”


Supreme Court rules to legalize same-sex marriage nationwide

June 25, 2015: John Becker, 30, of Silver Spring, Md., waves a rainbow flag in support of gay marriage outside the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

June 25, 2015: John Becker, 30, of Silver Spring, Md., waves a rainbow flag in support of gay marriage outside the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

WASHINGTON (ANM) — The United States Supreme Court ruled on Friday in a landmark decision that all states must issue marriage licenses to homosexual couples. This decision was split 5 to 4 with Justice Anthony Kennedy writing the Majority opinion. Kennedy is often a swing vote in the court, but sided with the more liberal justices on this decision. With the landmark ruling, gay marriage becomes legal in all 50 states.

Justice Kennedy in his opinion wrote: “The history of marriage is one of both continuity and change, Changes such as the decline of arranged marriages and the abandonment of the law of coverture, have worked deep transformations in the structure of marriage, affecting aspects of marriage once viewed as essential. These new insights have strengthened, not weakened, the institution.  Changed understandings of marriage are characteristic of a Nation where new dimensions of freedom become apparent to new generations.”

Chief Justice John G. Roberts Jr., in a dissent joined by Justice Antonin Scalia and Clarence Thomas, said the Constitution had nothing to say on the subject.

“If you are among the many Americans — of whatever sexual orientation — who favors expanding same-sex marriage, by all means celebrate today’s decision,” Chief Justice Roberts wrote.  “Celebrate the achievement of a desired goal.  Celebrate the opportunity for a new expression of commitment to a partner.  Celebrate the availability of new benefits.  But do not celebrate the Constitution.  It had nothing to do with it.”

Conservative law-makers from Mississippi, Texas, Wisconsin, and other states have stood up since the ruling calling that this is unconstitutional.  A supreme court ruling and opinion to be seen as a law, and for the Federal Government to usurp any power from the states–the only powers that the Federal Government has are the ones specifically granted to them in the Constitution.

Mississippi Governor Phil Bryant released the following statement to the press on Friday: “Throughout history, states have had the authority to regulate marriage within their borders.  Today, a federal court has usurped that right to self-governance and has mandated that states must comply with federal marriage standards—standards that are out of step with the wishes of many in the United States and that are certainly out of step with the majority of Mississippians.”

Attorney General Jim Hood sent an email Friday morning to circuit clerks across the state that notified them that the ruling is not effective immediately in Mississippi.

Senator Ted Cruz (R-TX) and Governor Scott Walker (R-WI) have both been in discussion on whether to fight this in their presidential campaigns, the decision comes between removing it from the electoral conversation, or proposing a constitutional amendment to overrule the court.

Sen. Cruz said that the rulings on Obamacare, as the ACA is popularly known, and against state bans on same-sex marriage constituted “naked and shameless judicial activism” that has “undermined the fundamental legitimacy of the United States Supreme Court.”

Gov. Walker also slammed the ruling and called for the passage of a constitutional amendment that would allow states to define marriage.

The states affected by Friday’s ruling are Alabama, Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, most of Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee and Texas.


U.S. Supreme Court set to end debate over gay marriage

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After decades of arguing, the United States Supreme Court has agreed to consider four cases. The four cases come from Michigan, Ohio, Kentucky, and Tennessee. The court has allowed more time for hearing arguments from one hour to two-and-a-half hours.

Supporters of traditional marriage want the decision to play out in politics, rather than have a judge’s order allow same-sex couples to be married. Thirty-six states permit gay people to get married, which covers nearly 70 percent of the American population. The issue comes before the court after a wave of lower court rulings struck down marriage bans in nearly 60 separate cases.

The court faces answering two questions; first, whether the American Constitution forces states to issue marriage licenses to same sex couples. Secondly, whether states are required to recognize same-sex marriages performed elsewhere. Court decisions currently on hold have struck down bans in five states. The court will hear arguments in April and make a decision by late June.

Tony Perkins of the Family Research Council released a statement calling the court’s decision a “long-overdue ruling to restore the freedom of the people to uphold marriage in their state laws as the union of a man and a woman.”

Attorney General Eric Holder spoke up for the White House administration saying they are urging the court to make marriage equality a reality for all Americans. Americans have changed their opinion on the subject from 27 percent approval in 1996 to 55 percent approval for same-sex marriage in 2014.

Some within the Republican party believe this issue will play a key role in the 2016 presidential race. Former Florida Governor Jeb Bush has slowly changed his position towards same-sex marriage and recently said in a statement: “We live in a democracy, and regardless of our disagreements, we have to respect the rule of law,” and called for “respect for the good people on all sides of the gay and lesbian marriage issue.” Former Fox News host Mike Huckabee last year threatened to leave the party if they cave on the issue. However, one political strategist believes that gay marriage will not be a “hallmark” of the 2016 race.


Boone County GOP Endorses Cunningham, Targets Justice Keller

Florence, KY – The Boone County Republican Party met this month to discuss pro-life issues and address the lack of information available about judicial candidates, among other matters.

After two resolutions were passed affirming the Sanctity of Life – a position spelled out in the national GOP Platform for the past 40 years – State Senator John Schickel rose from the floor to move that party officials endorse Teresa Cunningham for Supreme Court, namely because her democratic opponent had ruled on a case which allowed an out of state teen to obtain a secret abortion in Kentucky.

Once the motion had passed overwhelmingly, the County Committee also voted to allocate funds for the purpose of exposing the ruling of Cunningham’s opponent – Judge Michelle Keller. In a previous story here at ANM News, we reported on Keller’s record and “sealed” decision back in 2011.

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Former State Senator Gex Williams of Verona – a strong social issues advocate who orchestrated the Republican takeover of the State Senate nearly 20 years ago – gave a passionate speech at the meeting, and has since stated that he is working to launch a website aimed at helping the public learn more about judicial candidates.

Brett Gaspard, Chairman of the Boone County GOP, said he admires the efforts of Senator John Schickel, Gex Williams, and County Clerk Kenny Brown, who is leading the Communications Committee.

“Social issues are often being overlooked in our current political climate,” said Gaspard. “Conservatives have historically united behind the sanctity of life and there is no doubt that the rise of republican dominance in Northern Kentucky was mainly attributed to that cause; we shouldn’t forget it.”

Keller faces off against Republican Teresa Cunningham on November 4. While Cunningham has been considered a long-shot, her chances of winning may have just increased due to the efforts of Senator Schickel and the Boone County GOP. Cunningham is currently a self-employed attorney with local offices in Cincinnati and Florence. According to her literature, she is running to uphold the Constitution and defend the values important to the people of Kentucky.


Supreme Court Justices Stop Parts of Texas Abortion Law

The Supreme Court has blocked Texas from enforcing key parts of a 2013 law that would close all but eight of the state’s abortion facilities.

The justices largely granted the request of abortion providers Tuesday. With three dissenting votes, the court suspended a ruling by the 5th U.S. Circuit Court of Appeals that allowed Texas to enforce a rule making abortion clinics statewide spend millions of dollars on hospital-level upgrades.

The appeals court’s ruling suspended an August decision by U.S. District Judge Lee Yeakel, who found that such upgrades were less about safety than making access to abortion difficult.

Yeakel’s ruling stopped the requirements, so the state appealed. The 5th Circuit is still considering the overall constitutionality of the measure but allowed it to go into effect.