FACT Report: September 16, 2015

What Law Did Kim Davis Break? (September 16, 2015)

What law did Kentucky clerk Kim Davis violate when she refused to issue same-sex “marriage” licenses? Surprise! There isn’t one.

Some say she had to comply with the Supreme Court’s order, but a court, by definition, can only exercise what our Founding Fathers called “judgment.” It cannot make law.

The Supreme Court did not say it was unconstitutional for a clerk to issue a marriage license to two people of the opposite sex. So that law is still good. But the Supreme Court can’t “pass” a law authorizing a clerk to issue licenses to two people of the same sex.

Ms. Davis has helped us see that the only truly lawless folks in America in this case were Justices Kennedy, Ginsburg, Sotomayor, Kagan, and Breyer. She helped us see them for the black robed legislators that they are.

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