From what I understand there is a great
deal of rejoicing going on over this clerk in Kentucky going to jail
for refusing to issue marriage licenses to gay couples. What I am
trying to understand is why she is in jail. What laws did she break?
She didn't. As a matter of fact she was upholding Kentucky law. The
law in Kentucky says that a marriage license shall only be issued to
a couple that consists of one man and one woman. She broke no laws.
I know what you are thinking,and it's
sad to know this, you are going to say well yes but the supreme court
ruled that gay marriage should be legal in all 50 states. Indeed they
did. But here is the sad part.
The supreme court doesn't make laws. If
you read the Constitution you would know that only congress can
create and pass laws. Article 1 Section 1 “All legislative powers
herein granted shall be vested in a congress of the United States,
which shall consist of a senate and house of representatives.”See
also section 8 right at the end.
So while the supreme court may have
made a ruling, there have not been any laws legalizing gay marriage
passed by congress, and because they have not done that it falls to
the states (see amendment 10) to pass such laws. This also has not
happened in most states, some have made it legal legislatively but
most have not, so in fact this woman has committed no crime. She up
held the laws of her state and her only “crime” is for expressing
her faith as being her reason.
If you want to go to extremes with
this, which for arguments sake I will, if you are going to arrest and
jail a clerk for breaking a law ,which does not exist, then you
should have to arrest and jail the president for violating and not
upholding laws that do exists simply because he doesn't like them.
The defense of marriage act ,just as an example, we are talking
marriage after all, was passed by both houses of congress and signed
into law by President Clinton. President Obama was against it so he
instructed his staff not to defend it. He has also ignored or
violated immigration law and yet no one is sending him to jail for
it. Just to name in example or two.
The bottom line is that all that has
been accomplished is that you have created a martyr and you have
ticked off quite a large number of Christians. Good luck with that.
