By Bob Bennett
Kim Davis, the county clerk in Kentucky jailed by U.S. District Judge David Bunning for defying his order to issue marriage licenses to same-sex couples, has been released. The Judge freed her after an accommodation was made to replace her name on the marriages licenses with that of another authority.
Now, the question arises: Why didn’t the State of Kentucky simply make that accommodation, in the first place? Lawyers for Kim Davis asked for exactly that; they “sought emergency relief from the 6th Circuit Court of Appeals, asking it to grant Davis an exemption from the ‘[Democrat] governor’s mandate that all county clerks issue marriage licenses,’ … Liberty Counsel, which represents Davis, said in a news release.
“ ‘The governor’s refusal to take elementary steps to protect religious liberties has now landed Kim Davis in jail,’ Liberty Counsel founder and chairman Mat Staver said.”
The idea, from the start, was to humiliate and punish anyone opposing the gay activist agenda. The entire ruling of the Supreme Court in Obergefell v. Hodges was directed toward that end.
Oh, you think our hallowed Supreme Court wouldn’t do that? Consider its history: in 1857, it ruled that the slave, Dred Scott was not considered a person under the U.S. Constitution. The Court comprised five justices from the South, and a sixth, Robert Grier of Pennsylvania, was staunchly pro-slavery. There was a political motive: to silence debate over whether slavery should be allowed in the territories. In so doing, SCOTUS invalidated the Missouri Compromise, which allowed residents of the territories to decide by vote whether they’d allow slavery.
In 1896, in Plessy v. Ferguson, the Court ruled 7-1 that segregation and “Separate but Equal” were constitutional. That stood for 58 years, until President Eisenhower stacked the Court, to pass Brown v. Board of Education.
So, the actions of SCOTUS are very much a function of the personal prejudices of the human beings who make up the court, and the Court is very easily weaponized to carry out the politics of the day. To accomplish that, our Constitution can be twisted and distorted into almost anything, if the Court chooses. Obviously, this was not the intent of the Founders.
It was equally obvious—given the language used by Justice Kennedy in writing the majority opinion in Obergefell—that he intended to nullify the First Amendment’s guarantee of freedom to exercise religion.
In his opinion, Kennedy effectively rewrote the First Amendment to say people of faith have a protected right to “teach the principles that are so fulfilling and so central to their … faiths.” [Emphasis added.] He well knew that gay activists would seek to invalidate the First amendment right to exercise one’s religion, when it came to gay rights.
The Kim Davis incident marks the start of a broad-based war on our religious liberties. One sure target will be churches refusing to conduct same-sex marriages; the object being to lift their tax exemptions. During arguments on Obergeffel, Justice Alito asked U.S. Solicitor General Verrilli, who was arguing for same-sex marriage, about the right of a religious institution to maintain tax-exempt status “if it opposed same-sex marriage.” Verrilli replied:
“I don’t deny that, Justice Alito. It is — it is going to be an issue.” Sure, it’s going to be an issue—that is the plan. The very fact that the U.S. Solicitor General—who represents the president—argued for same-sex marriage tells us there is a plan.
In 2005, legal scholar Jonathan Turley, speaking of the debate over same-sex marriage, told the audience at a Becket Fund event: “It is … disingenuous to suggest that denial of such things as tax exemption does not constitute a content-based punishment for religious views.”
As part of that broad-based plan, the Left intends to crush all resistance from the states and any individual, to the gay activist strategy. Their prime target is people of faith, who believe homosexuality is a sin. But that’s not because gays feel stung by being stigmatized. After all, we do not hear a single one of these activists protesting the wholesale murder of Gays in Muslim countries—such as in Obama’s new ally, Iran, whose President Ahmadinejad once told Columbia students, “In Iran we don’t have homosexuals.” He was responding to a question about the execution of two gay men.
The gay rights activists are no different from the feminists who don’t notice those same countries treat their women like property; no different from the NAACP that overlooks the millions of jobs stolen from blacks by illegal immigrants. The prime mission of all is to advance the radical left’s agenda. And that agenda is to render America a Godless nation, on a path to destruction.
Many—including some conservatives—have said that if Kim Davis didn’t want to issue marriage licenses to gays, she should get another job; that the law compels her to carry out the duties of the position. Sorry: the law says otherwise.
But first, just think of it: we live in a country where hundreds of sanctuary cities flout federal immigration law by releasing felons, not in spite of, but because they’re illegal aliens, a country where Sarah Saldana, director of ICE, admitted—after Sen. Ted Cruz confronted her with statistics—to releasing 104,000 criminal aliens in 2013, including almost 200 murderers.
This is a country clearly headed for banana-republic status, because even its president flouts immigration law by legalizing millions of the illegal. Its once-respected Supreme Court rewrites the Constitution and the very laws of biology, while the Congress says and does nothing.
Yet Judge Bunning threw a woman in jail for following her religious beliefs that homosexual marriage is a sin—beliefs held by millions of Americans. By doing so he foolishly created a martyr, and may have touched off a resistance movement.
This nation was not designed to work the Bunning way. Our Constitution is based upon “live and let live,” with maximum freedom for all. Congress enforces its provisions, in the form of laws. This situation is no different. Noted legal scholar, Eugene Volokh, purveyor of the Volokh Conspiracy website, a blog written by law professors, wrote:
“Under Title VII of the federal Civil Rights Act, both public and private employers have a duty to exempt religious employees from generally applicable work rules, so long as this won’t create an “undue hardship,” meaning more than a modest cost, on the employer.”
This law professor is clearly not the Obama type of law professor—the ones who explore ways to tear down the present system by playing favorites under the law; he described the law as it is.
Was Judge Bunning unaware of this provision in the Civil Rights Act? Incidentally, he is the same judge who once ordered the Boyd County Board of Education to allow a “gay-straight” alliance club to meet at Boyd County High School, over the strong objection of parents, reports the Christian News Network. Judge Bunning also “required the school district to implement training as part of a settlement, which mandated school staff and students to undergo diversity education, ‘a significant portion of which would be devoted to issues of sexual orientation and gender harassment.’ ”
“However, a number of students objected to being forced to watch a video that asserted that it is wrong to oppose homosexuality and that a person’s sexuality cannot be changed. They discovered that they could not opt-out of the training without being penalized, and contacted the legal organization Alliance Defending Freedom (ADF) for assistance.”
This resulted in Bunning’s 1984-style ruling being overturned by the Sixth Circuit Court of Appeals.
America was founded on principles of religion. We live in a time when radical groups—and we must include in their ranks our present government—are using the corrupt courts to change America into a secular nation, with special rights for Muslims, to boot. People of faith cannot expect a fair result from a corrupt judiciary, particularly when America’s highest court has demonstrated that it too is corrupt and ready to exceed its powers to achieve social change.
Therefore, Christians in particular must be prepared to band together and fight for their rights by protesting. Judge Bunning doesn’t realize it, but he may have created their Joan of Arc.
Bob Bennett is a New York-based writer who has written op-eds for the Wall Street Journal and the NY Post, and has appeared on Fox and Friends and America’s Newsroom. He has traveled widely and written travel pieces for the NY Post, a cover article for the Jewish Press, and an op-ed for the medical journal Cancer Biotherapy & Radioimmunotherapy. Bob was also award-winning producer of a travel radio show heard on New York stations: WMCA, WNWK and 50,000 watt WOR and the national Sky Angel Network. He now blogs on Tea Party Nation, Tea Party Community and Red State Diaries.