“He who justifies the wicked and he who condemns the righteous are both alike an abomination to the LORD.” – Proverbs 17:15
I’m sure by now most people know about Kim Davis, a clerk in Rowan County, Kentucky who was recently jailed for refusing to issue marriage licenses to gay couples. I’ve already seen countless arguments online about the case. While some people are on her side, most people say that even if she disagrees with doing it, she has to either issue the licenses or resign. She is not above the law, they say. I agree with that sentiment. No one is above the law. There is just one small problem. She was not actually breaking any laws. Now, I know what you are thinking. “Of course she was breaking the law. The Supreme Court ruled that she has to issue marriage licenses to gay couples.” Yes, that is true. They did. There is just one small problem. They never had the authority to make that ruling in the first place. Now, I am not an expert, but I have read the Constitution. According to the Constitution, only Congress has the authority to make laws. The Supreme Court’s job is to interpret the laws, make sure that the laws are constitutional, and if they are not, to strike them down. In the ruling about gay marriage, Obergefell vs. Hodges, the Supreme Court did not strike down any laws. It did not even make a ruling about any laws. It made a ruling about a lack of laws. The Supreme Court cannot declare that a law must exist. It can only rule whether laws that Congress passes are constitutional. But, as everyone knows, there were no laws against gay marriage. Any two people could form a partnership and call it marriage. The government would not have stopped them because it was not illegal, nor should it have been. But, of course, nobody wanted the right to marry. What they really wanted was for the government to recognize their partnerships as marriage. They wanted to create a law, not strike one down. Whether anyone thinks this is a good idea or a bad idea (more on that later) is beside the point. Feelings and opinions have no place in the Supreme Court, or in a Kentucky court. My opinion is not relevant. Neither is anyone else’s. All that matters are the facts. The Supreme Court cannot make laws. It can only strike down laws. Therefore, the Supreme Court did not have the authority to force states to issue marriage licenses to gay couples. Only Congress has the authority to do that by passing a law. Therefore, clerks are not obligated by any law to issue marriage licenses to gay couples. That means that Kim Davis was not breaking the law. These are the facts. They have no opinion, no feelings, and no bias. They do not care if people agree with them. They simply state reality. Based on the facts, Kim Davis must be released from jail. She was not breaking the law.
Now, even though it has no relevance to the case, I do have an opinion about it. I think this proves that the government has no right to legislate anything about marriage at all. Marriage should be completely privatized. That way, everyone could live according to their own beliefs and convictions, without making others compromise their own. What people do behind closed doors is their business. Not mine. Not the government’s. Every time the government gets involved in something in which it has no legitimate business, it messes it up. So, if someone asked me if Kim Davis should be allowed to refuse to issue marriage licenses, I would say yes, because the government should not be issuing marriage licenses in the first place. What is happening in Kentucky is not only an obstruction of justice, it is the inevitable consequence of a fundamentally flawed system.
A postscript: There is one other point I should mention. This may seem harsh, but I have to say it. The same people who argue that Kim Davis must be subject to the rule of law are the same ones who are silent about other lawbreakers and actual human rights abuses. Planned Parenthood has been murdering unborn babies and selling their body parts. (To those who say the videos are edited, you can watch the full, unedited videos here.) The mayor of San Francisco defies our immigration laws. Black Lives Matter protesters murder and encourage the murder of police officers. An autistic woman is being held against her will in an institution. Black disabled children are thrown in jail for no reason other than being black and disabled. These are real people with real problems. People being killed and having their human rights trampled on. Do we really care more about a clerk who refuses to issue marriage licenses than innocent people being abused and killed?