The Curious Case of Kim Davis

At the end of June, the Supreme Court ruled in Obergefell v. Hodges that state bans on same-sex marriage violated the 14th Amendment and were thus unconstitutional. This led to same-sex marriage being legal throughout the country.

The majority of places began to make the necessary changes within the coming weeks. There was no more uncertainty where the law stood. But in Rowan County, the elected clerk Kim Davis decided to take a stand and defy the Court’s ruling. Not only has she refused to issue marriage licenses to same-sex couples, she has refused to issue any marriage license.

Davis filed a lawsuit in federal court after Kentucky Governor Steven Beshear told clerks throughout the state that they had to comply with the ruling and issue marriage licenses to same-sex couples. The court ruled that she had to comply with the law. So she filed an appeal to the Supreme Court which also ruled this week that she had to comply with the law to which she is still refusing to do today.

Fairness Campaign Director Chris Hartman at a protest outside the Rowen County Clerk's Office. (c) Chris Hartman

Fairness Campaign Director Chris Hartman at a protest outside the Rowan County Clerk’s Office.
(c) Chris Hartman

This ordeal has opened up the old debate of religious liberty protected under the First Amendment and equal rights for all citizens. Kim Davis has been quoted saying that she was not issuing marriage licenses “under God’s authority.” As an Apostolic Christian, she says that she cannot issue marriage licenses as it goes against her religious beliefs.

Another Kentucky clerk that is standing alongside Kim Davis is Casey Davis who has stated that they haven’t tried to prevent same-sex marriage just exercise their First Amendment rights and that same-sex couples could go to a neighboring county to get their marriage licenses.

From that it would seem, we’d be going from the patchwork of states that either legalized same-sex marriages or banned them to the counties. This would seem to be even more confusing if it came to this. Sadly, what Kim Davis is failing to recognize is that the law is the law. It has been ruled upon and even affirmed now.

Kim Davis has the right to believe what she wishes. However, she is a public servant and should do her job. The key words in that sentence are “public servant.” If she is unable to perform the tasks of her job then she either needs to be fired or resign on her own. She does not have the right to decide which laws she will follow and which she will not.

I’m sure we could all get into a huge discussion about what is actually written in the Bible about same-sex marriage, women’s rights, shellfish, slavery, and many other things but that is not the point of this. Yes, we all have the right to freely believe and practice whatever religion we wish to so long as it does not affect anyone else.

When James Madison originally proposed what would eventually become our First Amendment this is what he had written regarding our Freedom of Religion:

“The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.”

The civil rights of NONE shall be abridged on account of religious belief or worship. Same-sex marriage is a civil right. It has been ruled upon and affirmed. The Supreme Court even ruled back as far as Loving v. Virginia (1967) that marriage was a civil right and therefore was protected under the Constitution.

Let’s put this into a difference scenario. How would Ms. Davis feel if someone told her that because she is a woman that she cannot voice her own opinion and was subservient to her husband? The Bible does state this in Ephesians 5:21-30, “Wives, be subject to your husbands as you are to the Lord. For the husband is the head of the wife just as Christ is the head of the church, the body of which he is the Savior. Just as the church is subject to Christ, so also wives ought to be, in everything, to their husbands.”

I’m sure Ms. Davis would be quite vocal in her objection if someone were to enforce that upon her. Just like with the law, she doesn’t get to pick which parts of her religion she is going to practice and which she will not.

Despite what her religious beliefs or objections may be, the US Constitution is still the supreme law of this country (Article 6, Clause 2) and not the Bible. One may use the Bible for their own personal well-being and for their spirituality but it ends there. If Ms. Davis cannot separate these two things then she has no business being a public servant and should probably find a job at her church.

The Demise of the Bulk Collection of Data

fbi_wiretapRarely do I heap any praise on a politician. I always keep a skeptical eye toward them and am not afraid to call them out when necessary. But today, that praise is necessary. Senator Rand Paul of Kentucky (and also a 2016 presidential candidate) was a wrecking ball in the past couple of weeks when it came to allowing certain provisions in the Patriot Act to expire.

The Patriot Act was passed by Congress out of fear in the days after the 9/11 attacks. The way it had been interpreted by the National Security Agency (NSA) was that it legally allowed them to spy on everyday Americans. Most of the time it was without a warrant, but if one was needed, it had created a secret FISA court that basically granted one each time (only 11 times was one rejected) as it only heard the government’s side.

Section 215 of the Patriot Act authorizes the government to collect “any tangible things” that the government proves are “relevant to” an investigation into suspected terrorists.

A lot of what the NSA was doing was brought to light when Edward Snowden blew the whistle about the operation. I don’t consider Snowden to be a patriot or a traitor. I consider him to be an American who saw the federal government overstepping its authority and letting the public know what was happening.

So if the law states the government can collect the data then what’s the problem? The problem is that it violates your right to privacy which is guaranteed under the Constitution. Law enforcement must request a specific warrant, not a blanket warrant that encompasses everyone, from an actual court… not some secret court that the public knows nothing about nor has any defense in. If Congress really wants to do this then they need to go about the proper way of amending the Constitution to allow it.

Republicans are tearing him apart for allowing the Patriot Act to expire. Senator John McCain (R-AZ) has gone so far as to claim that it was a publicity stunt since Senator Paul is running for president. I can’t say whether that is true or not, but it has been one of his biggest issues since he entered the Senate back in 2011.

Senator Paul may also have something else to back him up. In early May, the Second Circuit Court of Appeals decided that the NSA’s bulk, warrantless collection of Americans’ phone records was illegal though stopping short of deciding its constitutionality. This came almost a year after a lower court ruled the program “almost-Orwellian.”

“Because we find that the program exceeds the scope of what Congress has authorized, we vacate the decision below dismissing the complaint without reaching appellants’ constitutional arguments.”
Judge Gerald Lynch

The public has been undecided on what should be done. On the one hand they don’t want the government overstepping their constitutional authority and violating our right to privacy. However, on the other hand they want to feel protected from terrorists as it was born out of the fear from that. In the past several weeks, national security analysts have been hitting the media airwaves stating that the bulk collection of data has been worthless and has had no result on anything.

So what should be the path forward? In the past month the House of Representatives passed the USA Freedom Act. Is it perfect? No. But that doesn’t mean that it shouldn’t be added to the debate on how we proceed forward. POLITICO posted an article recently that reported how this new piece of legislation would “reform” the Patriot Act.

However Congress chooses to proceed forward in the days and weeks ahead, they should be mindful of our constitutional rights when deciding on national security. Though we take national security very seriously, we will not allow our rights to be disregarded.

“Those who surrender freedom for security will not have, nor do they deserve, either one.”
Benjamin Franklin

The New Religious Right to Discriminate

There is an old axiom that history repeats itself. Some may dispute this claim, but it is hard to argue with what a person can witness happening right in front of them. One just has to pay attention and know history to know what the outcome of certain things will be.

After the Reconstruction period ended following the Civil War, southern states (the old Confederacy) began enacting Jim Crow laws. These laws mandated that all public facilities be segregated. They were also used in an attempt to keep African-Americans from voting and even to keep interracial marriage illegal.

School segregation was eventually struck down by the Supreme Court in Brown v. Board of Education (1954). The rest of the Jim Crow laws were overruled by the Civil Rights Act of 1964 and the Voting Rights Act of 1965. However, bans on interracial marriage were not fully struck down until Loving v. Virginia (1967), when the Supreme Court ruled that they violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

The same arguments that were used against interracial marriage are now being used against same-sex marriage, i.e. it’s against someone’s religious beliefs, it’s a sin in the Bible, etc.

Now, I’m not here to attack anyone’s religious beliefs as even I have my own. But we must remember that we are a secular country and that the U.S. Constitution is the law of our nation and not the Bible. No local, state, or federal law can violate the document, the individual rights that are enshrined within it, or its subsequent amendments.

This includes the Fourteenth Amendment.

Our Founding Fathers were mostly Christians, but we are not a Christian nation. That particular point was emphasized in the Treaty of Tripoli (1796), which states that the U.S. “is not, in any sense, founded on the Christian religion.”

Our Founding Fathers were mostly Christians, but we are not a Christian nation. We were set up to be a secular nation. We have the right to peacefully worship and practice whatever religion we choose to without government interference, but that right does not extend beyond one’s self. We do not have the right to force others to believe the same way we do.

Britain still has an official religion (the Church of England) and France was under the Catholic Church at the time of our independence. Both religion and government intermingled in these and many other European countries. Our Founding Fathers designed our government to discourage this relationship.

Today, we see the ongoing fight between religion and our secular government on the issue of same-sex marriage. In the past two years, bans on same-sex marriage have been struck down from coast to coast in federal court on the same grounds as the Loving decision.

Now, the Supreme Court has taken up the case once again and this time could make an official ruling for the entire country.

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However, though same-sex marriage could soon be legal nationwide, some are finding new ways to treat the LGBT community like second-class citizens.

Instead of being called something like Jim Crow laws, these laws are referred to as “religious freedom laws.” In much the same way that the old Jim Crow laws allowed businesses to legally refuse service to African-Americans, these new laws allow any business or institution the right to refuse service to anyone based on the operator’s religious beliefs.

The purpose of these laws is to “protect” people who work in the service industry from having to provide their services for same-sex weddings if it goes against their religious beliefs.

In February 2014, Republican Governor Jan Brewer of Arizona vetoed SB 1062, which critics argued would have legalized discrimination against the LGBT community. Brewer was pressured to reject the law by several business leaders who believed it would hurt the state’s economy.

More states are now taking up this exact same issue and some are poised to put these policies into law. Indiana Governor Mike Pence, for example, signed the “Religious Freedom Restoration Act” on Thursday after it cleared both chambers of the state Legislature.

Some of these laws are written so vaguely that they could extend well beyond just same-sex marriage. The “religious freedom laws” will eventually end up in the courts and will be subsequently overturned via the Fourteenth Amendment.

If someone is a Christian, can he or she refuse service to someone in the Jewish community based solely on a difference of religion? No.

The Bible states that women are inferior to men and that women should obey men. So do Christians have the right to refuse service to a woman if she is not accompanied by a man or has a different opinion than a man? No.

Why? Because in a secular society, though a person may have the right to practice his or her religion freely, they do not have the right to force those beliefs on others. Everyone is supposed to be treated equally under the law.

Again, people have the right to their religious views. No one can force an individual to accept same-sex marriage if it goes against their religious views.

However, that right still does not extend to discriminatory actions against the LGBT community. If a person runs a business that provides a service to weddings and doesn’t want to provide that service to a same-sex wedding, there are a couple of options:

  1. They can find a new job that will take them out of that situation; or
  2. They can grow up and act like a rational adult and do the job they are paid to do.

There are times when we blur the line between religious freedom and secular government. It is imperative that we remember why this line was put in place by our Founding Fathers, and why we’ve amended the Constitution to specify that all citizens are free and equal under the law.

Using religion to discriminate is still discrimination and is still wrong. And as history has proven before, it is also unconstitutional.

Of High Crimes and Misdemeanors: An Act of Treason?

There’s nothing like a slight treasonous scandal to pull a political writer out of a little sabbatical. When hearing of this, I didn’t think it was something that I could sit on the sidelines for. So here I am immersing myself in a political debate that should have bigger ramifications than it probably will.

Treason is defined in the dictionary as:

1. the offense of acting to overthrow one’s government or to harm or kill its sovereign.
2. a violation of allegiance to one’s sovereign or to one’s state.
3. the betrayal of a trust or confidence; breach of faith; treachery.

It is the only crime that is specifically mentioned in the US Constitution. (Article 3, Section 3)

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.”

Keep your mind on what you just read as there is a possibility that you will be contemplating them as we go through this whole ordeal.

The United States has been negotiating for a nuclear agreement with Iran since 2006 along with 5 other countries which is known as the P5+1 group. The five countries are the US, Great Britain, France, Russia, and China, and the +1 being Germany. The goal is to keep Iran from having nuclear missiles. In 2013, and interim agreement was reached with a comprehensive agreement due later this month.

With the deadline approaching some Senators have expressed concern over what a final comprehensive deal might look like and have a desire for the final deal to be debated on voted on in the Senate as a treaty would be under Article 2, Section 2, Clause 2 of the US Constitution. However, freshman Senator Tom Cotton (R-Ark) has gone even a step further by submitting a letter with 46 other signatures of Republican Senators to the leader of Iran expressing that any nuclear treaty with the country would not be upheld once President Obama leaves office.

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Now let me bring in the Logan Act which was passed by Congress in 1799. It prohibits unauthorized citizens from negotiating with foreign governments. Violation of this act is a felony.

“Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.”

Under Article 2, Section 2, Clause 2 of the US Constitution, “[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur…” The President has the power to appoint ambassadors and to conduct negotiations with foreign governments. The Senate does not come in to the equation until the vote for approval is needed. By this, Senator Cotton does not have the authority to approach Iran on any subject that is concurrent with the ongoing negotiations. To have done so is a violation of the Logan Act.

According to a recent article on Politico, this is not the first time that one party has accused the other of violating the Logan Act. Republicans screamed it in 1987 after Congress cut off aid to Nicaragua’s Contra rebels. Democrats ran (and ultimately won both chambers of Congress) in 2006 on forcing then-President George W. Bush to come up with a timetable for the wars in Iraq and Afghanistan.  Speaker Pelosi would also go against the wishes of the White House in 2007 and travel to Damascus to meet with Syrian leader Bashar al-Assad.

So where does all of this then fall in? If it has been done before then should we just brush it aside again? In this case, I would suggest no. It does violate international law. It does undermine the full faith and credit of the US, which is already shaky in the world as it is especially in regards to Iran where neither side completely trusts the other. Senator Cotton had no authority to write and send that letter which was in an effort to derail negotiations with a foreign government before a final deal is reached. It was out of his jurisdiction as a US Senator.

Remember those definitions of treason at the beginning? If this isn’t it then it comes dangerously close to that line. The overall goal of the letter was to do harm and to instill a sense of a betrayal of trust and confidence against our country.

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