Donald Trump said that Kim Davis broke the law of the land in denying same-sex couples marriage licenses. I even heard Erick Erickson say something similar the other day. He said that she should either resign or issue the marriage licenses to the homosexual couples. All because “it’s the law now.”
Does this mean that pastors of churches will soon be forced to perform marriage ceremonies between same-sex couples, all because it’s the “law of the land?” All we have is a Supreme Court decision, an opinion. That’s what judges do. They render opinions. They don’t make laws. Kentucky still has its own laws, separate from federal laws. If you don’t like Kentucky’s laws, go somewhere else that tickles your fancy. CNS News reported on Trump’s reaction to Kim Davis:
Trump offered two solutions: Davis could let her clerks issue the licenses or same-sex couples could apply for marriage licenses at nearby county courthouses.
“The decision came down from the Supreme Court, … so I’m a believer in both sides of the picture. I would say the simple answer is let her clerks do it. Now from what I understand, she’s not letting her clerks do it either,” said Trump.
“The other simple answer is … 30 miles away they have other places. They have many other places where you get licensed, and you have them actually quite nearby. That’s another alternative. I hate to see her being put in jail. I understand what they’re doing,” added Trump.
“It would be certainly nice if she didn’t do it but other people in her office do it, but from what I understand, she won’t allow other people in her office to do it,” he added.
“Donald, bottom line is though the Supreme Court makes a decision, that’s the law of the land, right?” host Joe Scarborough asked.
“You have to go with it. I mean you have to go with it. The decision has been made, and that is the law of the land,” Trump replied.
“She can take a pass and let somebody in the office do it in terms of religious, so it’s a very tough situation, but we are a nation – as I said yesterday – we’re a nation of laws, and I was talking about borders, and I was talking about other things, but it applies to this also, and the Supreme Court has ruled,” he added.
We are a nation of laws, but we’re also a nation of states with individualized laws. Constitutionally, there isn’t a whole lot that the feds need to worry about. Most of the laws they enact these days are unconstitutional. If it’s not mentioned in Article I, Section 8, then it’s outside the purview of the federal government’s legislative authority. All other issues not covered in Article I, Section 8 go to the states to decide. The issue of marriage isn’t mentioned in the Constitution. Anything the feds say about marriage then should be considered null and void, particularly since all we have is a 5 to 4 consensus opinion.