Out of bounds judges — and candidates

The judge, refused to authorize bail which is outrageous as the County Clerk’s  demeanor has been respectful and conscientious in pursuit of her legal case

Same Judge Bunning ordered students who opposed homosexuality to be re-educated

Kasich no conscientious objection allowed

The judge who sent Rowan County, Kentucky Clerk Kim Davis to jail for refusing to issue marriage licenses to same-sex couples is a judicial lightweight who got his nomination and the push for his appointment through his dad a then Republican US Senator from Kentucky. He had weak credentials but was pushed by his father to the G W Bush administration. See our previous commentary here.

Rather than send her to jail the Judge had other options including:

Await a legislative solution directly on point as to clerks duties and  religious liberties protections, which he refused to do.

Treat the matter as a continuing civil matter which it is. Complainants “right to marry” is not abridged only the convenience of doing so in one county.

Await the possibility of the legislature impeaching her and the results of that trial.

Fine her at a daily rate pending outcome of appeals.

The latter is also tyrannical but presents the opportunity of having the punishment be less onerous should the clerk prevail. Mrs. Davis cannot get back the time she spends in jail.

Judge Bunning allowed no bail for Kim Davis or “bail out” for students

As Mike Huckabee pointed out:

Liberals Break Marriage Laws But Conservatives Are Arrested With ‘No Bail’

Christian News.net reports

Ordered Students Who Opposed Homosexuality to Be Re-Educated   He was overruled on appeal.

Kasich knows no higher law then judge made?

Via The Daily Caller:

Republican Ohio Gov. John Kasich argued that Kim Davis, the Kentucky clerk who is in jail for refusing is issues same-sex marriage licenses, is a “government employee” who “has to comply” with the Supreme Court ruling.

Kasich, appearing on ABC’s “This Week” with George Stephanopoulos on Sunday explained that while he believes in traditional marriage Davis should “follow the law.”

While Kasich also said he thinks it “absurd that she is sitting in jail,” what exactly he meant by that we do not know. As far as government officials’ obligations, one key point is that she is an elected official, answers to the people periodically, and Judge Bunning does not. Further, government “officials” in authority are offered exemptions and accommodations on matters of conscience.  One example is the military which grants conscientious objector status.  Their accommodated status is such that they cannot be ordered to raise arms and kill the enemy.

We would suggest to Kasich that government employees and officials do retain rights (especially from ex post facto laws or species thereof) and that the 14th Amendment which the Supreme Court relied on in its gay marriage decision does not negate the 1st Amendment or the 10th Amendment or separation of powers. The SCOTUS has not ruled on the full extent of the same-sex marriage “right”, indeed problems were anticipated by them in the decision and no one should be jailed in pursuit of the parameters of the decision. The matter has in no way matured as a matter of law.  The judges discretion was way out-of-bounds and Kasich thoughtfulness as well.

More commentary is available  in this link from constitutional law professor John C Eastman writing at National Review: Kim Davis, ‘Lawless’ in Kentucky    When the Supreme Court oversteps its bounds, citizens are right to resist

R Mall


1 Response to Out of bounds judges — and candidates

  1. Designated2 says:

    From HP: The Supreme’s decision did not create a law, it only said the ones prohibiting SS marriage are not constitutional, so thus there are no laws that force her to issue licenses, thus as you rightly intimate, no justiciable issue until heard in lower civil courts or legislation creating law forcing the issuance. This judge should be thrown out on his ear.

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