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You Don’t Have to Like Same-Sex Marriage to Realize Kim Davis Ignored the Rule of Law

in Liberator Online, Marriage and Family, News You Can Use, Personal Liberty by Jackson Jones Comments are off

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Apparently, the most pressing issue in the country is a Kentucky county clerk who refuses to separate her religious beliefs from her duties as a public official. The media frenzy has created a debate over the role of religion in public affairs in the wake of the Supreme Court’s ruling in Obergefell v. Hodges.

Kim Davis was elected as a Democrat to serve as the clerk of Rowan County, Kentucky in November 2014. She succeeded her mother, Jean Bailey, who served in the role for 37 years. Davis worked under her mother as a deputy clerk for 24 years.

Near the end of Bailey’s tenure, her office was the subject of complaints. Davis pulled in more than $63,000 in compensation. The excessive government salaries in the county of approximately 23,600 residents led to a reduction in the office’s budget in December 2011.

When Davis took the oath of office, she pledged that she would “support the Constitution of the United States and the Constitution of this Commonwealth.” When she entered office in January, same-sex marriage was constitutionally prohibited in Kentucky, but that changed in June when the Supreme Court struck down state constitutional amendments and statutes prohibiting it.

Governor Steve Beshear, D-Ky., instructed county clerks to comply with the ruling by issuing marriage certificates to same-sex couples. “Neither your oath nor the Supreme Court dictates what you must believe,” Beshear explained. “But as elected officials, they do prescribe how we must act.”

Davis, citing her religious beliefs, refused to issue marriage licenses to any couple, traditional or same-sex, in Rowan County and ordered her staff to follow suit. In mid August, U.S. District Court Judge David Bunning, the son of former Republican U.S. Senator Jim Bunning, issued an injunction against Davis ordering her to issue marriage licenses in accordance with the Supreme Court’s ruling in Obergfell.

Just days later, Davis appealed to the Sixth Circuit Court of Appeals, which, prior to Obergfell, was one of the few courts in the United States that upheld the constitutionality of same-sex marriage bans. A three-judge panel denied her appeal.
She asked the Supreme Court to take her case, but she was again rebuffed.

In the injunction issued against Davis, Bunning wrote that “[o]ur form of government will not survive unless we, as a society, agree to respect the U.S. Supreme Court’s decisions, regardless of our personal opinions. Davis is certainly free to disagree with the Court’s opinion, as many Americans likely do, but that does not excuse her from complying with it.”

“To hold otherwise,” he added, “would set a dangerous precedent.”

The case isn’t about religious liberty; it’s about the rule of law. Certainly, one can disagree with the Supreme Court rulings. Simply because five judges in black robes rule on an issue doesn’t necessarily mean that the subject can’t be revisited through appropriate legislation within the confines of a judicial ruling.

But as Judge Andrew Napolitano explained on Tuesday, “There is no acceptable dispute to the truism that the Supreme Court has the final say on the meaning of the Constitution, whether you agree with it or not.”

“[Davis’ attorney is] asking for an accommodation between her religious beliefs and the fundamental right of same sex couples to get married in that county, they found the accommodation, she doesn’t have to deal with them, and the deputy clerks can issue those applications,” said Napolitano. “But if he wants to relitigate the issue of whether or not a local county clerk can defy the Supreme Court, he is going to lose and she is going to lose. That issue has already been resolved with finality.”

Still, despite losing at every turn, Davis refused to perform her duties. She refused to uphold the rule of law. Davis and her attorney insisted that she was acting on “God’s authority,” which, since the United States isn’t a theocracy, isn’t recognized.

Bunning found Davis in contempt on September 3 and ordered her into custody. Her staff subsequently resumed issuing marriage licenses to traditional and same-sex couples. Those who initiated the suit against Davis asked for fines, but Bunning believed that Davis’ supporters would pay the fines for her, rendering that form of sanctions irrelevant.

Republican presidential candidates, desperate for the limelight, have rallied behind Davis. Former Governor Mike Huckabee, R-Ark., and Sen. Ted Cruz, R-Texas, have been the most vocal. Huckabee said the jailing of Davis for contempt is an example of the “criminalization of Christianity.” Huckabee offered to take Davis’ place in jail should she be required to go back for further ignoring the law. Cruz claimed that Bunning’s action against Davis was “judicial tyranny.”

“Those who are persecuting Kim Davis believe that Christians should not serve in public office. That is the consequence of their position,” said Cruz. “Or, if Christians do serve in public office, they must disregard their religious faith–or be sent to jail.”

The public comments of presidential candidates are little more than hot air in the conversation in a desperate attempt to gain attention when all the wind in the room is being consumed by Donald Trump, who, as it happens, doesn’t agree with Davis. As an example of how desperate these guys are, one of Huckabee’s aides physically blocked Cruz from appearing on stage with Davis and Huckabee when she was released on Tuesday.

No one disagrees that people are free to observe their religion peacefully in their private lives. But if someone, like Davis, holds a public office and is willfully using their religious beliefs position to ignore the rule of law, they deserve some form of punishment.

Perhaps the Kentucky General Assembly will offer Davis some means to avoid having to sign off on marriage certificates for same-sex couples, but, until state lawmakers act, Davis has no choice but to follow the law or face some form of punishment until she complies with the law or resigns from office.

Your Favorite Distilled Beverage May Get a Little Cheaper

in Economic Liberty, Liberator Online, News You Can Use, Taxes by Jackson Jones Comments are off

A bipartisan bill was introduced recently that would lower the per gallon excise tax on distilled drinks, including whiskey and rum.

The Distillery Innovation and Excise Tax Reform Act, introduced by Rep. Todd Young (R-Ind.), would relieve distilleries, especially newer ones, of some of the burdens they face when bringing products to market.

Currently, distilled drinks are taxed at $13.50 per proof gallon. Young’s bill seeks to lower the tax to $2.70 per proof gallon on the first 100,000 gallons produced by a distillery and $9 per proof thereafter.


Rep. John Yarmuth (R-Ky.) has cosponsored the bill, which was referred to the House Ways and Means Committee on May 21. Rep. Paul Ryan (R-Wis.) chairs the powerful tax-writing committee.

“All around southern Indiana, many new craft distilleries are popping up, creating jobs and adding to the tax base,” Young said in a release on Wednesday. “But there’s a lot of red tape involved in getting a new distillery off the ground, and this bill helps reduce that burden. In addition, we have many large, established distilleries in our region of the country, and this bill will help them, too.”

The bill has support from the Distilled Spirits Council of the United States (DISCUS) and the American Craft Spirits Association (ACSA). “It is significant that the distillers of all sizes are united behind this important hospitality industry legislation,” Peter Cressy, CEO of DISCUS, said in a joint release with ACSA. “We thank the sponsors for recognizing the economic impact passage of this bill will have for our industry.”

Sen. Gary Peters (D-Mich.) introduced a companion bill in the Senate. Sens. Dan Sullivan (R-Alaska) and Kirsten Gillibrand (D-N.Y.) have signed on as cosponsors of the bill. Although the members represent states with a number of distilleries, the popularity of craft spirits has risen significantly and virtually every state now has distillery.

For the producers, the savings can mean expansion of their operations and more jobs for local communities.

“I started my distillery eight years ago to support Michigan jobs and prove that high quality spirits could be made right here in Michigan,” Rifino Valentine, founder of Valentine Distilling, said in a press release from Peters’ office. “While I’m proud to say we are expanding our facility, so many small distilleries are at a unique disadvantage as a result of the high federal excise tax.”

The bill may be common sense, but similar efforts to lower the excise tax on distilled spirits didn’t move out of committee in the previous Congress.

MintPress: Young Libertarians and Progressives Redefining American Politics

in Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 5 of the Liberator Online. Subscribe here!)

“Libertarians, Progressives Poised to Redefine American Politics” is the title of a Feb. 25, 2014 article by Frederick Reese at MintPress News, a new independent online journalism site.

“With an historically high 42 percent of Americans identifying themselves as independents as of January, the United States is becoming a nation increasingly not served by either the Republican or Democrat label,” Reese writes. “According to a December 2013 Gallup poll, 72 percent of all Americans believed that Big Government is a bigger threat to the United States than Big Business (21 percent) or Big Labor (5 percent).

“While this may be burn-out from years of government malpractice — an increase in unmanned drone usage, the largest government surveillance apparatus; several scandals involving the Executive Branch; a government shutdown in an attempt to repeal the patient Protection & Affordable Care Act followed by more than 40 repeal attempts — the general feeling is that the young vote has been moving away from the ‘Big Government’ parties.”

This portends huge change in the near future for American politics, the article predicts. Reese noted that young progressives and libertarians share many concerns on civil liberties and foreign policy issues — and those concerns are not being addressed by the two-party Establishment.

“As Millennials may represent the most Progressive or Libertarian generation ever, and as Millennials are expected to constitute 75 percent of the workforce by 2020, one might be tempted to say that the fate of the ‘Big Two’ parties lies in the embrace of their small-government cousins,” says Reese.

The article quotes Carla Howell, political director of the National Libertarian Party, on this coming sea-change:

“As the views of Americans, and especially young voters, converge with the Libertarian platform, we are attracting more votes than the party has ever seen,” Howell told MintNews. “Over 15,000,000 votes were cast for Libertarians in 2012. The Robert Sarvis for governor campaign in Virginia last year garnered 6.5 percent of the vote, the highest vote total for a candidate who was neither a Democrat nor a Republican in a southern state in over 40 years. His vote among those aged 18-29 stood at 15 percent.

“Both Democrats and Republicans have expanded Big Government to the limit that they could get away with for years, especially in the last 14 years during both the Bush and Obama administrations,” Howell continued. “Bailouts, FEMA, needless wars, Obamacare, the Drug Prohibition and NSA spying — all of which have failed their stated mission. They failed to create jobs, failed to stop the escalation of health care costs, violate personal liberties and put people and our country more — not less — at risk. Young voters have witnessed these abysmal failures and see that government is not the place to turn to solve human problems.”

(Hat tip to Libertarian Party blog)