The following is a response to this,
1.) I don’t buy the “pluralism” argument as enjoined against Kim Davis. This idea insists that, since we are not a Christian nation, therefore Christians must tolerate and live with pagan practices, such as sodomite marriage, of heathen practitioners. Those who argue for this tolerance for pluralism seem always fail to realize that toleration is a device used to introduce a new law-system as a prelude to a new intolerance. Secondly, as it pertains to pluralism what most people don’t seem to recognize is that pluralism always hides a monotheistic non-pluralistic order where the God is the State policing how far the other gods in the pluralistic order can walk in the public square. Since, it is impossible for the God-State to exist without being animated by some belief system that belief system, which always animates every Government in existence, mocks the whole nonsense of “separation of Church and State,” as that phrase is currently used and understood. More on “separation of church and state later.”
2.) Some have argued that because Kim Davis issues marriage licenses to those who, in a manner inconsistent with the Scripture, are marrying again, after being un-biblically divorced, therefore Kim Davis is being inconsistent by refusing to issue marriage licenses to sodomites and lesbians who, like their heterosexual counter-parts, are also marrying un-biblically. This argument seems to posit that since some of God’s standards for marriage have been abandoned therefore all of God’s standards for marriage must be abandoned. This is like arguing that since we let a filthy and unclean dog in the house therefore we are inconsistent if we don’t let that filthy and unclean dog eat from the table or sleep in our bed. What will follow from this type of reasoning? Will we now argue that since County Clerks issue marriage licenses to sodomites they therefore must give marriage licenses to necrophiliacs and to Farmer Clyde and his prize milk cow Bessie?
Do you see why the wise are telling you that Obergefell vs. Hodges is the end of marriage having any stable meaning?
3.) Many ministers and others who are championing ignorant opinions on the Kim Davis case have no understanding regarding our law and the way it works. First, on this score, no law condoning sodomite marriage currently exists. Constitutionally speaking only Congress can make law. Article 1 Section 1 of the Constitution states, “All legislative power herein granted is vested in a Congress….” Please understand that ‘All’ means all. Congress has passed no law allowing for sodomite marriage. No law like that exists. SCOTUS, constitutionally speaking, can not legally make law. SCOTUS only interprets law. Can anyone take me to the law or point to the law that says that sodomites can marry? They can’t because no such law exists.
Second, on this score, even if the US Congress had passed a law saying that “sodomites can marry” such a law would be null and void before the ink was put to the page and county clerks would be under no obligation to follow such an illegal legality. The Federal Government is restricted, by the US Constitution (our covenant document) to only the enumerated and delegated powers outlined by the US Constitution. Guess what folks? Granting sodomites the legal right to marry is not one of the Federal Governments “delegated or enumerated powers.” I’ve read the US Constitution. Such a enumerated and delegated power is just not there.
Third, the 9th and 10th amendment make the above paragraph abundantly clear. Law on matters not enumerated or delegated to the Feds are reserved to the States or the people.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Now, the Feds can certainly interpret this language any way they damn please but all because the Feds say the US Constitution gives them the authority to judicially or legislatively force sodomite marriage down our collective throats doesn’t mean that the US Constitution agrees with the Feds. Repeat after me slowly … “The Feds have zero Constitutional authority that allows them to force upon the States sodomite marriage.”
So, that being said we pause to ask, ‘How can the federal courts enforce a law that Congress, Constitutionally speaking, cannot even make”?
Fourth, on this score,since the Feds can point to no law passed by any legitimate Congress, wherein it is required that the States embrace sodomite marriage, Kim Davis is exactly correct in following the only law that speaks to the matter — Kentucky law. Kentucky law is the only law that currently exists on this subject and Kentucky law does not allow for sodomite marriage. It is everyone else besides Davis who are not following the Law. Let them sit and rot in jail.
4.) Some have argued that Kim Davis should do the “honorable thing and resign.” These folks fail to realize that Kim Davis is acting as a Public person. She does not have the luxury of resigning if she is take her public vows seriously. She, in her public capacity, is protecting her constituents from violating the current law of the land of Kentucky. In point of fact, a resignation would be the dishonorable thing for her to do.
5.) A brief word again on the “separation of Church and State.”
a.) The ability to completely divorce Church and State is a impossibility. All States reflect and are animated by some God or god concept as taught by some church somewhere. As the State has to do with creating and enforcing a societal law order. all states are expressly religious as all law is nothing but religion externalized into the social order.
b.) there is indeed a jurisdictional distinction between Church and State that absolutely must be abided by. The State, jurisdictionally speaking, is the realm of justice. The Church, jurisdictionally speaking, for the Christian, is the realm of grace offered and / or conferred in Word and Sacrament. The distinction exists. However, a jurisdictional distinction is far different than the idea of a “separation” as that is currently invoked.
c.) The phrase “separation of Church and State” is not part of our founding documents. The usage of it arose in a private letter of President Thomas Jefferson to the Danbury Baptist convention in 1802. Jefferson’s phrase, “separation of Church and State” was not invoked as part of our political landscape until invoked in a SCOTUS “Everson vs. Board of Education” in 1947. The invocation of this unfortunate and misunderstood phrase has been lamented by legal scholars. In 1962, Supreme Court Justice, Potter Stewart, complained that jurisprudence was not “aided by the uncritical invocation of metaphors like the ‘wall of separation,’ a phrase nowhere to be found in the Constitution.” Chief Justice William H. Rehnquist, likewise found the phrase “separation of church and state” lamentable, In addressing the issue in 1985, Rhenquist noted “unfortunately the Establishment Clause has been expressly freighted with Jefferson’s misleading metaphor for nearly 40 years.”
d.) Until Everson the Establishment clause, which was originally intended to be applied only fully to the Federal Government (i.e. — The Federal Government could not create a religious establishment for all the states) was now fully applied to all the states so that the Federal government would insure that the States also had a wall of separation between church and state. (The famous doctrine of incorporation.)
Separation of church and state is a myth, created by a progressive court for the purpose of setting the influence of Christianity aside in favor of more enlightened views. The Founders never envisioned a State that was separated from religious influence. Their intent was to insure that the Feds didn’t influence the States in the states having established religions.
6.) And even if 1-5 were inaccurate (and they’re not) “Let God be true and every man a liar.”
The point here is that those who tell you that Kim Davis is in violation of the law just don’t know what they are talking about. A second point here is that Christian ministers, who speak of the need for pluralism, are in point of fact saying that Christian ministers must champion polytheism for the public square. Pluralism is just not possible without polytheism. Don’t you think it passing strange that a Christian minister would tell you that God is pleased with Christians insisting that God is pleased by requiring room for false gods in the public square?