The trouble started last June when the U.S. Supreme Court discovered the U.S. Constitution legalized same-sex marriage. The 5-4 ruling required same-sex couples be allowed to marry no matter where they live and that states no longer may reserve the right only for heterosexual couples.
In dissent, Chief Justice John Roberts wrote, “If you are among the many Americans — of whatever sexual orientation — who favor expanding same-sex marriage, by all means celebrate today’s decision. 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.” Implication: the five justices who favored same-sex marriage grounded their decision in something other than the Constitution! If true, the Court made law!
Rowan County (Kentucky) Clerk Kim Davis, a professed Christian, claimed issuing same-sex marriage licenses violated her religious faith. She stopped issuing all marriage licenses. Two homosexual and two heterosexual couples sued her. A federal judged ordered her to issue the licenses, a decision an appeals court upheld. Davis’ lawyers appealed to the U.S. Supreme Court which ruled against her.
Yesterday, U.S. District Judge David Bunning ordered Davis to jail for refusing to obey an order of his court which required her to issue marriage licenses to same-sex couples. Davis and her attorneys stated she’s been willing to have her name removed from marriage licenses in the county. But Judge Bunning replied he would be satisfied only when Davis either issues marriage licenses to same-sex couples per the U.S. Supreme Court decision or resign.
When asked about the case yesterday, White House press secretary Josh Earnest said the penalty for the Kentucky clerk refusing to issue marriage licenses for same-sex couples is a matter of the rule of law in the United States. “I would just say on principle that the success of our democracy depends on rule of law. And there is no public official that is above the law, certainly not the president of the United States. But neither is the the Rowan County clerk. That’s a principle that is enshrined in our Constitution and in our democracy and it’s one obviously the courts are seeking to uphold.” Pardon my cynicism, but it seems to me the president has placed himself above the law! (Okay, that was a cheap shot. But political class hypocrisy galls me!)
So what next? Today Davis sits somewhere in jail–not allowed to post bail. (Mass murderers have been out on bail!) What’s up with Judge Benning? Doesn’t “equal protection under the law” apply to Davis? Is Benning angry at her conscientious disobedience? Or does he have an agenda?
Admittedly a resolution isn’t simple at this point. Davis is a government employee. She could resign. On the other hand, what of her religious freedom? Is there no middle ground?
But something more ominous is in play. In his blog yesterday, Dr. Albert Mohler wrote, “What this story reveals beyond the headlines is that the moral revolution on marriage and human sexuality will leave nothing as it was before. No area of life will be untouched, and no address will be far removed from the front lines of the revolution.”
Sound extreme? I don’t think so. Five justices have been allowed to redefine marriage. And because Davis acted on her religious convictions, today she sits in jail. What would we do if a same-sex couple wanted to use our church building for their wedding? Or if a same-sex couple wanted to use our service business as part of their ceremony or reception?
If Mohler is right, soon we may not be mere spectators in the “moral revolution.” We may be participants.
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