(Liberty Bell) – Remember Kim Davis? She was the Christian woman who served as a county clerk in Kentucky and refused to issue same-sex marriage licenses because it went against her faith to do so. Now, she didn’t refuse to grant them at all, but simply asked that someone else do it, since she felt it violated her First Amendment rights to serve those individuals.
Well, there was a lawsuit against Davis for refusing to process these marriage licenses that was to be reviewed by the Supreme Court. However, the court declined to review it, leading Justice Clarence Thomas to issue a really big “I told you so.”
Thomas penned a statement that was released on Monday that also featured Justice Samuel Alito that stated Davis “may have been one of the first victims” of the Supreme Court’s “cavalier treatment of religion” when it first reached a decision about same-sex marriage. But they also noted she wouldn’t be the last.
Davis, who was the clerk of Rowan County, was briefly jailed five years ago by federal judge David Bunning for contempt of court.
Thomas called Davis a “devout Christian” who “found herself faced with a choice between her religious beliefs and her job.”
“Due to Obergefell, those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul of Obergefell and its effect on other antidiscrimination laws,” Thomas wrote. “Moreover, Obergefell enables courts and governments to brand religious adherents who believe that marriage is between one man and one woman as bigots, making their religious liberty concerns that much easier to dismiss.”
Thomas and Alito agreed, however, that the Supreme Court should not grant Davis’ appeal.
“This petition implicates important questions about the scope of our decision in Obergefell, but it does not cleanly present them,” Thomas wrote.
The Supreme Court’s rejection clears the way for a lawsuit brought by same-sex couples. The 6th U.S. Circuit Court of Appeals has ruled there was a “plausible case” that as a individual she violated their rights.
Davis was appealing a 6th Circuit ruling arguing the law “treats Davis not as one person, but as two: an official and an individual.”
“The doctrine of sovereign immunity shields Davis as an official if, when refusing to issue marriage licenses, she acted on Kentucky’s behalf – but not if she acted on Rowan County’s behalf. And the doctrine of qualified immunity shields Davis as an individual if she didn’t violate plaintiffs’ right to marry or, if she did, if the right wasn’t clearly established when she acted,” the 6th Circuit said.
In his statement Monday, Thomas said the Supreme Court recognized a right to same-sex marriage “even though that right is found nowhere in the text” of the 14th Amendment.
“Several members of the court noted that the court’s decision would threaten the religious liberty of the many Americans who believe that marriage is a sacred institution between one man and one woman. If the states had been allowed to resolve this question through legislation, they could have included accommodations for those who hold these religious beliefs,” he said.
“The court, however, bypassed that democratic process. Worse still, though it briefly acknowledged that those with sincerely held religious objections to same-sex marriage are often ‘decent and honorable’ … the court went on to suggest that those beliefs espoused a bigoted worldview…”
Thomas noted that the four justices who didn’t agree with the ruling “predicted that ‘these … assaults on the character of fair-minded people will have an effect, in society and in court.'”
Davis went on to say, “Those predictions did not take long to become reality.”
The radical left in this country has long been in a contentious battle with Christians, as the faith they belong to declares Jesus king over all the world, which means he, in fact, has a lot to say about politics and how we live our lives on every level. This battle is now entering persecution territory.
When a person cannot refuse to bake a gay wedding cake because of their religious beliefs, but must do so no matter what, that is a sign things are sliding downhill fast. And that’s precisely what happened. Things have escalated since then. The culture at large is hostile towards people of faith. It’s no longer hidden.
“When she began her tenure as clerk, Davis’ sincerely held religious beliefs – that marriage exists between one man and one woman – corresponded with the definition of marriage under Kentucky law,” Thomas said.
At the time, she was lobbying for amendments to state law to protect religious rights, he said.
“But those efforts were cut short by this court’s decision,” he said.
“As a result of this court’s alteration of the Constitution, Davis found herself faced with a choice between her religious beliefs and her job. When she chose to follow her faith, and without any statutory protection of her religious beliefs, she was sued almost immediately.”
Thomas warned that “those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate society without running afoul of Obergefell and its effect on other antidiscrimination laws.”
He pointed out that even courts are infected with anti-Christian bigotry, with “one member of the Sixth Circuit panel in this case [describing] Davis’ sincerely held religious beliefs as ‘anti-homosexual animus.'”
“Since Obergefell, parties have continually attempted to label people of good will as bigots merely for refusing to alter their religious beliefs in the wake of prevailing orthodoxy,” he said.
He said Obergefell will continue to have “ruinous consequences for religious liberty.”
The American Civil Liberties Union issued a statement condemning Thomas and Alito.
“It is appalling that five years after the historic decision in Obergefell, two justices still consider same-sex couples less worthy of marriage than other couples. When you do a job on behalf of the government — as an employee or a contractor — there is no license to discriminate or turn people away because they do not meet religious criteria,” the ACLU said.
But Liberty Counsel, which has defended Davis, said the two justices appear to be inviting future challenges to the Obergefell ruling itself.
The legal team pointed out that Thomas said “the court has created a problem that only it can fix.”
It’s really quite simple. One of the foundational building blocks of our nation is freedom of religion. Our citizenry is free to worship how they want and this is a critical component for liberty. We have a right to speak freely, to worship freely, and to live our lives freely without the government interfering in our lives.
Another foundational building block for our nation is the family unit. The family is the backbone of any free society. Big government folk want to destroy the family unit because it stands in the way of getting future generations to be loyal to the state and expect the state to take care of them. That’s what the left wants and in order to make that happen, the traditional family needs to be destroyed.
This is why Christians fight so hard for religious liberty and against same-sex marriage. They are simply reinforcing God’s Word and seeking the good of their communities.