It’s not about same-sex marriage

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The real story of Kim Davis is not about same-sex marriage. It is about the power that the Courts have usurped from the legislative branch, the executive branch and the from the people. This usurption has been slowly done over the past 100+ years. Case after case that comes before the Courts where the Court deems that they have the power and the authority to do what the US Constitution and the constitutions of the several states do not give it.

The Supreme Court of the United States of America has issued an Opinion that somehow has become a statute in this country. This Opinion of the Court not only struck down the Defence of Marriage Act (a Statute enacted by Congress and signed by the President), but somehow added a new statute that replaced DOMA. A “Marriage Equality Act” that is not an act of Congress but of one by the Courts.

Not only does the Court NOT have the right to create legislation. They also do not have the right to strike down legislation. The so-called power of “Judicial Review” was a power that the Court gave to itself in the opening decade of the 1800’s.

Add to this injustice, Kim Davis was found to be in “Contempt of Court” and criminally jailed for the offence. Her trial was by the Judge that found her in Contempt. He was also the jury. Denying Mrs Davis of her 7th Amendment Rights to have a trial by Jury. This is another court given power that the court has given itself.

From the County Courts, to the State Courts, to the Supreme Court of the land. The Black Robed Tyrants have given themselves powers and authority not granted to them by Law or statute. The Court was wrong to create legislation. The Court was wrong to jail Kim Davis without a trial by jury.

The Court is out of control and this is deeply disturbing and troubling. Correcting and reigning in the Court should be one of the first priorities of anyone running for office at any level. Otherwise, the Courts will continue there power grab and we will have a system of government ruled by the Courts instead of by the people.

Author: bynw

Chris aka "bynw" is the site owner and primary post author. A Constitutionalist when it comes to politics. A believer and follower of Jesus Christ. A Linux enthusiast. And a gamer.

3 thoughts on “It’s not about same-sex marriage”

  1. They’re no different than the activist judges on IOWA’S Supreme Court, who legalized gay marriage in a very similar decision. 🙂

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  2. Bottom line she is paid to a job not give her opinion or belief. When a person refuses to do what they are paid for then they are insubordinate she needs to resign or be terminated. IF there is an agreement for someone else to do that portion of her job that’s all good but she has no more right to make a decision on what the law should be than the courts do. Two wrongs don’t make a right….this is another great example of a waste of tax payer money.

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    1. Mrs Davis does not work in a job like ours. So being fired is highly unlikely for a public official. But she was not violating any law. The laws of the Commonwealth of Kentucky clearly state that a marriage between to members of the same sex is not valid. The Federal laws of the Untied States have no code in them at all when it comes to what is a valid or invalid marriage. Therefore she not broken any law.

      The United States Supreme Court wrote an opinion with a 5 to 4 vote stating that some provisions of DOMA (the Defense of Marriage Act) a law enacted by Congress and signed by President Clinton was unconstitutional. This is a power not specifically granted to the Court in the US Constitution. But one the Court granted to itself in the case of Marbury vs Madison in 1803.

      The Court does not have the Constitutional power to overturn a law enacted by Congress. The Courts and the Jury’s job is to determine in the law has been violated and approve any just punishment on the offender. If a Court or Jury believe the law to be unjust they have the power to acquit the offender. This has happened many times in the past of our Judicial system.

      And even if one wishes to argue the point of judicial review and the the Court somehow has the power to nullify a law enacted by Congress and signed by the President. That does not mean the opposite is now the law. It means Congress or the States would have to go back into session and redraft a new law and it could be the same thus overriding the Courts a 2nd time like the Congress can override veto’s of the President.

      So Mrs Davis did not violate any law when she refused to issue marriage licences to same sex couples in Rowan County Kentucky. Mrs Davis is an elected official, if the people of Rowan County determine she is not doing her job. They can call for her resignation, not vote for her at the next election, or have the Governor of Kentucky bring her up on charges and have her impeached through the Kentucky Legislature.

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