American Thinker published a thought-provoking article on Monday comparing the Kim Davis situation to Obama’s non-enforcement of DOMA. “It’s the law of the land,” said Donald Trump when asked if Kim Davis should be forced to issue marriage licenses to same-sex couples. Notice that a liberal would never say this about a federal law with which they do not agree. President Obama’s treatment of DOMA (Defense of Marriage Act) is a great example.
DOMA was a “law of the land,” but Obama and his Justice Department decided not to enforce it. In this situation, the press did not claim that the Justice Department had a responsibility to enforce “the law of the land.” The press ignored it because the press was for gay marriage.
Enacted in 1996, DOMA is a federal law that – before it was ruled unconstitutional – defined marriage as a union between a man and a woman. DOMA gave each state the right to decide whether or not it would conduct and/or recognize gay marriages. Before it was demolished in 2013, Section 3 of DOMA stated that gay couples could not be considered “spouses” for federal purposes.
Obama said that DOMA was “unconstitutional” when asked why he had failed to enforce it. Since the mainstream media was all about same-sex marriage, they saw no reason to persecute Obama for refusing to uphold a law. The situation with Kim Davis is quite different.
As I’m sure you’ve heard, the issue with Kim Davis is that as a county clerk it is part of her job to hand out marriage licenses. When she refused to comply with the law and issue licenses to gay couples, she was told to quit her job or ignore her beliefs. Davis proudly stood up for her beliefs and continued acting against the law. She was thrown in jail.
Mike Huckabee has since emerged as a staunch supporter of Kim Davis and her decision. American Thinker examined Huckabee’s opinion that “Kim Davis should not have been held in contempt of court because there is currently no law a court could order her to obey.”
Instead of railing against the left, Huckabee asks: what law gives this Kentucky county clerk the authority to hand out marriage licenses to gay couples?
His argument is valid from a legal standpoint. The U.S. Supreme Court does not write laws. High Court rulings do not become laws until previous laws are rewritten. The state of Kentucky has not yet changed its definition of marriage. Up until now, county clerks were handing out marriage licenses out of respect, not legal obligation.
Looks like Judge David Bunning took away Kim Davis’ liberty without fully examining the situation.
Click the link below to read the full story and to delve deeper into Mike Huckabee’s argument.