Kim Davis as the Modern Day Rosa Parks

On August 1, 1776, just a few weeks after signing the Declaration of Independence, Sam Adams spoke before a large audience at the State House in Philadelphia beseeching them to fight for their independence. During the speech, Adams singled out religious liberty as the consummate freedom – of all fundamental rights – they’d be fighting for in this revolution. He warned the public that “our contest is not only whether we ourselves shall be free, but whether there shall be left to mankind an asylum on earth for civil and religious liberty.”

Two hundred and thirty-nine years later, we are on the precipice of losing that asylum to a pagan inquisition our Founders could never have recognized. Now, county clerks are being forced to issue marriage licenses to relationships that have never been conceived as a marriage until just 15 years ago – all by a few unelected judges who have no jurisdiction over the definition of marriage. Kim Davis, the Clerk of Rowan County Kentucky is now taking a stand and is refusing to be sent to the back of the bus as a second class citizen in a country founded upon Judeo-Christian values. She has refused to issue licenses to redefine marriages because, as clerk of the county, those documents will always contain her name – even if they are directly issued by a deputy.

Kim Davis is taking a stand and saying no more, much like Rosa Parks did against unjust anti-liberty Jim Crow laws.

I know what some of you are thinking. “But Daniel, it’s one thing to refuse to violate one’s religious conscious when forced to perform a service with private property, such as the case of the Oregon baker or Gifford family farm in New York. Kim Davis, on the other hand, is a government official and is now bound by the Supreme Court’s decision, as absurd as that decision might be.”

Here’s the problem with that line of thought. Until now, we’ve dutifully tolerated 50 years of blatantly unconstitutional judicial tyranny, obsequiously repeating the false mantra that “the Supreme Court is the law of the land,” even in the most egregious cases. But if we don’t draw a line in the sand at some point, we will lose our country, liberty, and sovereignty altogether. Remember, these are the same judges who believe illegal aliens have a right to violate our sovereignty and assert Second Amendment rights. Is that the law of the land too?

For quite some time, there have been four justices on the Supreme Court and a majority of lower court judges who not only reject our Constitution as it was originally drafted, they believe it is a living and breathing document, given over to the unelected legal profession to interpret and promulgate laws as needed. This view was best articulated by Justice Thurgood Marshall in 1987. Speaking at a bicentennial celebration of the Constitution, Marshal brazenly rejected the notion of celebrating the Constitution as the Framers conceived it, along with their “outdated notions of liberty, justice and equality.”

This is the ultimate example of despotism because there is no recourse of the people to protect against the insidious political whims of unelected judges at any given moment. It’s one thing for elected politicians to behave badly. They can always be defeated in an election. But to have this power vested in the hands of judges is unsustainable. Sure, the Constitution has flaws, as only a document from God can be perfect. But there is a process for changing that. To replace the Constitution with the unwritten subjective social justice values of a legal profession – without a formal amendment process – is lunacy and leads to indefinite and unaccountable oligarchy.

Irrespective of one’s views on homosexuality, it was clear to anyone who can read that the Constitution was silent on the issue of marriage. That’s when Anthony Kennedy formally joined the judicial tyranny wing of the court, thereby securing a majority of justices who not only eschew the Constitution as it was written, but believe the existing Constitution is comprised of their personal values at any given time. In 23 words, Kennedy openly and unabashedly nullified the Constitution and made himself and his colleagues a supreme power, “and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.”

Kim Davis rightfully believes that the “we” in we the people means the people through their elected state or federal representatives, not unelected judges.

One might ask: why doesn’t she just resign? After all, this is not her personal property; it’s a government job. And if Kim Davis is being asked to resign, shouldn’t Obama have to resign his position if he has conscious problems with regard to enforcing endless immigration laws duly passed by Congress?

Martin Luther King famously said, “I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.” He was referring to laws duly passed by elected bodies of government, such as state legislatures. How much more so would his principle apply against unelected oligarchs who have flipped the power of the Judiciary on its head.

Kim Davis worked in the Clerk’s office for 27 years, predating even the human concept of a homosexual marriage. In 2004, 75% of the state’s voters agreed to preemptively protect against the assault on marriage by defining it as a union between a man and a woman. One can be the most pro-homosexual “rights” activist in the world, but were he to uphold our legal framework, he’d have to concede that the federal constitution is silent on marriage and it has always been a state institution. Marriage as it was always understood is the law of the land in the state of Kentucky, so why should Kim Davis yield to the naked and illegal political ambitions of the judicial oligarchs on a federal level? (For more from the author of “Kim Davis as the Modern Day Rosa Parks” please click HERE)

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