More than 30 magistrates in North Carolina have refused to perform weddings. But thanks to a new state law, they were able to do so legally.
According to the report:
Right after the Supreme Court legalized gay marriage in June, the state passed a law allowing officials to opt out of performing all marriages. The law exempts court officials with a “sincerely held religious objection” and is designed for those opposing gay marriage.
The law’s original sponsor, Senate President Pro Tem Phil Berger, said it’s probably preventing situations like the one in Kentucky.”It’s keeping folks from having to choose between their job and their religious beliefs. I think that’s important,” he said.
Berger said so far the law hasn’t caused any problems. “I think the law is working very well,” he said.
So far, only Utah has a similar law.
Meanwhile, Kim Davis, the law abider sits in jail.
Joseph Farah, WND, asks, what crime did she commit?
Actually, no crime. The Rowan County Kentucky clerk is in jail for contempt of court because she refused, on the basis of her First Amendment rights, to issue a same-sex marriage certificate.
Some people suggest she broke the law in doing so. I disagree. In this case, Kim Davis seems to be one of the few parties involved in this controversy actually obeying the law.
The scofflaws in this case are the majority of the U.S. Supreme Court who violated the Constitution by legislating, a power explicitly denied to any branch of government except Congress. Congress had overwhelmingly approved a law that defined marriage as a union between one man and one woman.
Likewise, if we turn to the Constitution of Kentucky, we find this plain English provision: “Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
The U.S. Supreme Court has no authority to overturn the Constitution of any state. There are provisions in the law to amend state constitutions, just as there are provisions in the U.S. Constitution to amend it.
So which law did Kim Davis break or defy by refusing to issue a same-sex marriage certificate?