Eagle Forum Legislative Alerts

Monday, November 02, 2015

Judicial Tyranny in Kentucky

When the Supreme Court ruled this spring by a very narrow margin that Kentucky’s definition of marriage as the union of one man and one woman is unconstitutional, the Court qualified its decision by saying that religious freedom would not be jeopardized. In the hills of rural Kentucky, one brave woman tested whether Justice Anthony Kennedy really meant it when he wrote those words. But local federal judge David Bunning, sent Kim Davis to jail, without respecting or accommodating her sincere Christian beliefs.

Local officials are required to support the laws of the United States, but no federal law requires every county official to issue marriage licenses, which are available in many offices throughout Kentucky. Even Judge Bunning admitted that plaintiffs can easily get marriage licenses by traveling to another county, so the Supreme Court’s marriage ruling was not violated by the clerk’s decision to suspend all licenses while she sought accommodation under the Kentucky Religious Freedom Restoration Act.

As an elected public official, Kim Davis should not have been sent to jail by an unelected federal judge who cited no federal law that Kim violated. Her imprisonment was the result of judicial supremacy, unrestrained by the checks and balances that apply to all branches of government. In 1788 Alexander Hamilton described the judiciary as the “least dangerous” branch, but federal courts are so out-of-control today that Hamilton would barely recognize them. A federal court imprisoned a county official to force her to change the way she does her job, without any federal statute to justify such an order.

It is not “rule of law” to imprison someone based on judge-made law; that is “rule by judges.” Kim Davis did not commit civil disobedience, because she did not violate any law.

Listen to the radio commentary here:

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