Top legal warriors promise Supreme Court battle to overturn Obergefell

By Bob Unruh

Kim Davis
Kim Davis

Back during the Barack Obama years in the White House, five Supreme Court justices, all left-leaning from moderately to extremely, created for and imposed on Americans the “right” to same-sex marriage.

The Constitution doesn’t mention marriage, and it specifically allows such issues to be regulated by states through the 10th Amendment, but court members themselves unleashed the ideological ruling while admitting it had no connection to the Constitution.

One of the fights that immediately erupted remains in court even to this day, and now the legal warriors known as Liberty Counsel say they’ll fight that dispute all the way to the Supreme Court where they plan to “win the right to religious accommodation” and “overturn Obergefell,” that being the title of the case through which the marriage alternative was created.

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The organization reports the dispute at hand is over the still-ongoing war by same-sex marriage activists against Kim Davis, who was Rowan County, Kentucky, clerk when the decision came down.

She, like many other officials across the country, was caught in the no-win situation of having the Supreme Court order a change in state laws, while those laws had not yet been changed.

As clerk, her name was attached to marriage licenses in the county. But as a Christian, she objected to being ordered to violate her faith.

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Her solution was to request an accommodation from her governor, a decision to allow her to withhold her name from those certificates.

However, then-Gov. Steve Beshear, who later was not returned to office, refused, and a leftist federal judge actually ordered Davis to jail for refusing to allow her name on those certificates.

She actually had been fair in her actions: She announced her office would issue NO marriage certificates until the unstable environment regarding those documents was resolved.

Several activist duos, though, apparently intent on causing her the most damage possible, bypassed several other jurisdictions where they could have obtained their licenses, and demanded them from Davis.

To Liberty Counsel, which has been representing her, Davis explained she hadn’t always been the ideal woman.

But she went to church at the request of her dying mother.

“There I heard a message of grace and forgiveness and surrendered my life to Jesus Christ.”

She said, “I am not perfect. No one is. But I am forgiven.”

Her faith, then, gave her the strength to request the state accommodation, and later, spend days in jail on the orders of a judge.

“I never imagined a day like this would come, where I would be asked to violate a central teaching of Scripture and of Jesus Himself regarding marriage,” Davis said. “To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven-or-Hell decision. For me, it is a decision of obedience.”

She pointed out that such religious liberty is “protected” “under the First Amendment, the Kentucky Constitution and in the Kentucky Religious Freedom Restoration Act.

When Beshear was voted out, the new governor, Matt Bevin, quickly created those accommodations for officials of faith, and the legislature affirmed that move.

The fight remains, however, because, Liberty Counsel said, “Eight years later, the couples who could have gotten their marriage licenses from any other county or clerk but chose to target Kim are targeting her again. These folks now want to SUE Kim into bankruptcy.”

The case is going to trial soon, and Liberty Counsel predicted the fight will be long.

The legal team noted that during a request to the Supreme Court in 2020, Justices Clarence Thomas and Samuel Alito said: “This petition implicates important questions about the scope of our decision in Obergefell.”

In fact, that opinion specifically said Americans retained the right to follow, and act on, their religious beliefs regarding marriage, which might conflict with the court opinion.

“Since Obergefell,” Thomas noted, “parties have continually attempted to label people of good will as bigots merely for refusing to alter their religious beliefs in the wake of prevailing orthodoxy.”

Liberty Counsel then announced, “We intend to take Kim’s case back to the Supreme Court to (1) win the right to religious accommodation, and (2) overturn Obergefell.”

Jury selection for the Davis case is schedule to be in early October.

Liberty Counsel chief Mat Staver explained, “By the way, those six days Kim spent in prison? Well, Kim spent that time reading Paul’s letters written when he was incarcerated. Kim sang hymns. Her faith became so well known in prison that convicts from the maximum-security unit sent Kim notes of thanks and encouragement. Praise the Lord for redeeming this good woman!”

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