Based upon recent Supreme Court rulings the Kentucky Clerk, Kim Davis, may very well be acting within her “Freedom of Religion” rights and State’s rights. In the Hobby Lobby ruling the Supreme Court ruled that owners of corporations, a position far removed from actually doing something in violation of deeply held religious beliefs, may refuse to allow their corporation (not themselves) to abide by the law if doing so violates a deeply held religious belief.
Medical providers may be exempt in some states from having to provide a product or service to someone else if doing so violates their deeply held religious beliefs. And now we find the clerk of the court wanting the same desecration as a medical provider, which in both cases is hands- on. The owner of a corporation is granted that discretion when all the owner is doing is making policy for the corporation to follow. The violation to the hands-on provider is far greater than the corporate owner. Yet the Court ruled the corporation has that right.
The Supremacy Clause only covers the Enumerated Powers of the Federal Government and does not give the Federal Government the right to trump State laws, where the Constitution delegates these powers to the States (see 10th Amendment).
Marriage has traditionally been delegated to the States and so the State laws should apply and if it did Kim Davis would not be handing marriage licenses to same sex couples.
whitestones264 - 9 years ago
Her position is clerical. She isn't marrying them in a church. Clerks push through paperwork all the time they may disagree with.
Razor - 9 years ago
This is a no brainer the clerk must issue licenses, otherwise we have the Christian version of Sharia law and we become a theocracy. Very simple the Bible and Koran are should never have any influences on any of our laws.
Rantner - 9 years ago
What's to argue about? The U.S. Supreme Court has ruled the Equal Protection clause of the 14th Amendment applies to homosexual marriages, and the Constitution's Supremacy Clause says the U.S. Constitution supersedes all federal, state/commonwealth/territorial, and municipal laws in America, so homosexual marriage is the law of the land, period, end of discussion. Any court clerk in America who doesn't want to follow the law for any reason should resign.
Yuddaman - 9 years ago
The SCOTUS has ruled and the law is changed. The Clerk should either fulfill her duty under the law, or resign and get a new job that does not involve going against her faith.
Based upon recent Supreme Court rulings the Kentucky Clerk, Kim Davis, may very well be acting within her “Freedom of Religion” rights and State’s rights. In the Hobby Lobby ruling the Supreme Court ruled that owners of corporations, a position far removed from actually doing something in violation of deeply held religious beliefs, may refuse to allow their corporation (not themselves) to abide by the law if doing so violates a deeply held religious belief.
Medical providers may be exempt in some states from having to provide a product or service to someone else if doing so violates their deeply held religious beliefs. And now we find the clerk of the court wanting the same desecration as a medical provider, which in both cases is hands- on. The owner of a corporation is granted that discretion when all the owner is doing is making policy for the corporation to follow. The violation to the hands-on provider is far greater than the corporate owner. Yet the Court ruled the corporation has that right.
The Supremacy Clause only covers the Enumerated Powers of the Federal Government and does not give the Federal Government the right to trump State laws, where the Constitution delegates these powers to the States (see 10th Amendment).
Marriage has traditionally been delegated to the States and so the State laws should apply and if it did Kim Davis would not be handing marriage licenses to same sex couples.
Her position is clerical. She isn't marrying them in a church. Clerks push through paperwork all the time they may disagree with.
This is a no brainer the clerk must issue licenses, otherwise we have the Christian version of Sharia law and we become a theocracy. Very simple the Bible and Koran are should never have any influences on any of our laws.
What's to argue about? The U.S. Supreme Court has ruled the Equal Protection clause of the 14th Amendment applies to homosexual marriages, and the Constitution's Supremacy Clause says the U.S. Constitution supersedes all federal, state/commonwealth/territorial, and municipal laws in America, so homosexual marriage is the law of the land, period, end of discussion. Any court clerk in America who doesn't want to follow the law for any reason should resign.
The SCOTUS has ruled and the law is changed. The Clerk should either fulfill her duty under the law, or resign and get a new job that does not involve going against her faith.