In response to Alan Choate's misguided column (http://kdminer.com/main.asp?SectionID=36&SubSectionID=842&ArticleID=67260) concerning Kentucky Superior Court Clerk Kim Davis
and his reference to Alabama Judge Roy S Moore's battle some years back to keep a Ten Commandments monument in the Alabama State Judicial rotunda:
First, Judge Moore's devout Christianity is well known. Choate's assessment that Moore was in it for speaking engagement money is hogwash. Perhaps he is confusing Moore with the Clintons.
The ACLU and Southern Law Poverty Center filed this case on behalf of three attorneys who stated they were "personally offended":and "as a result, suffered direct injury" from the display of the Ten Commandments. Of some 100,000 laws that will put you in jail, these 10 (ie thou shalt not steal, kill) that will keep you out of jail offended them to the point of "injury"?
In an insane ruling, the 11th Federal Circuit Court of Appeals declared Moore's version was "Protestant" and might not be understood by Jewish, Catholic, Lutheran and Eastern Orthodox faiths.
In the end, the monument was relegated to an area out of the sight of the public ... treated like pornography. Two 10 Commandments Defense Act bills passed, only to be killed by Senate Democrats. However, God's man Moses, chosen to bring down the Ten Commandments, still overlooks the House of Representatives as Congress debates the laws of the land.
As is now all too common, the court totally ignored the elementary principle of the law, that you establish the spirit and intent of a law before ruling on it. There's not much doubt, Jews and Protestants alike can understand "thou shalt not steal" and there's not much doubt Judge Moore was more interested in general behavior, not theology. This three-judge panel crawled into the weeds and ignored original intent.
Every civics class in America is taught the judiciary has NO ROLE in making law. The legislature passes bills, the POTUS signs them. And yet, repeatedly the SCOTUS has been making law. Such was the case in Roe v Wade and again in Obamacare where a word changed to a tax, something Obama adamently said it was not, was then declared illegally as the law of the land.
In both cases, a single unelected federal judge illegally bound us with new laws, a right reserved for ONLY the peoples' elected representatives.
So what law was Judge Moore not upholding, for there was none preventing the Ten Commandments from being where they were? For heaven's sake, the very buildings that house our lawmakers are filled with all things Christian.
Three pictures of four on the east side of the Rotunda are of Columbus's prayer service following his landing in the Western World in 1492, then the baptism of Pocahontas at Jamestown in 1613 and the Pilgrims in 1620 praying before departing Holland for America. Two prayer meetings and a baptism, an early indicator of the religious heritage found throughout that building and been there since 1840.
Statuary Hall is similar. Consider General Lew Wallace, after tracing Christ's steps in the Holy Land, wrote the profound book, "Ben Hur: A Tale of Christ," the best-selling novel of the 19th century, or President John Quincy Adams, IQ 169, devout Christian, whose nine lengthy letters instructing his son on the best method of studying God's Word while Adams was overseas, was later turned into a small book for other boys to read.
Now let's turn to the wrongful jailing of Superior Court Clerk Kim Davis. In Kentucky, the Defense of Marriage Act is written into the state constitution and laws, passed by 75 percent, (Section 233A) and in numerous places ... to make sure. Included is no right to same-sex health care decisions, health insurance, joint property rights, right to divorce or alimony. Even if obtaining a same-sex marriage in another state, Kentucky will not recognize it.
Since it is unlawful for the SCOTUS to make law, you tell me what law Kim Davis actually broke?
In swing vote Justice Kennedy's philosophical meanderings, he slanders Christians "upholding biblical marriage" but gave a thin assurance we could still "teach" and "advocate" our own views.
But Kennedy screwed up for the First Amendment guarantees the freedom to "exercise" religion.
That's exactly what Kim Davis was doing, and while doing so she was upholding the legal laws of the state of Kentucky.