Air Date: September 10, 2015
Host: Jim Schneider
Guest: Mat Staver
Listen: MP3 | Order
Returning to bring listeners an update on the Kim Davis case was Mat Staver. Mat is the founder and chairman of Liberty Counsel, an international nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of life and the family.
As reported last week on Crosstalk, Kim has been in the Rowan County, Kentucky, clerks office for 27 years but in November of 2014 she won election to be the head of that office.
Those who may be tempted to think Kim was judging others by not issuing same-sex marriage licenses and may think she’s a hypocrite because of her 3 divorces are not aware of her past. As Mat pointed out on last week’s broadcast, Kim was a different person 4-1/2 years ago. At that time her mother-in-law was dying and had a wish that Kim would attend church at least once. To fulfill that wish, Kim went to church and she heard the pastor preach from the book of Galatians. Jim quoted Kim as having said, ‘I owe my life to Jesus Christ who loves me and gave his life for me. Following the death of my godly mother-in-law over 4 years ago I went to church to fulfill her dying wish. There I heard a message of grace and forgiveness and surrendered my life to Jesus Christ. I am not perfect, no one is but I am forgiven and I love my Lord and must be obedient to him and to the Word of God.’
The result? Kim, her husband, along with the staff of Liberty Counsel have been hit with threats of violence and death.
Mat made an appeal for a stay and that was granted until August 31. Then Liberty Counsel asked the Court of Appeals to stay it beyond August 31 pending the several months it will take to resolve the appeal. The court declined to do that. Liberty Counsel then went to the Supreme Court and they declined to extend the stay as well. Kim was ordered to go to jail, spent six days there and was released on Tuesday.
Mat believes in the rule of law yet critics ask why Mat doesn’t have his client follow that rule and issue same-sex marriage licenses.
Mat answered this by quoting John Roberts, the Chief Justice of the Supreme Court concerning the 5-4 June 26th marriage opinion. To paraphrase Justice Roberts he said the court’s opinion was a decision of 5 lawyers that imposed their will. It’s not a legal judgment, not based on the Constitution and not based on the court’s precedent.
In addition, Kentucky law says you cannot issue a marriage license to someone who is not authorized to receive it and it’s a criminal penalty if you do. Even if a person sides with the Supreme Court’s decision that court can strike down a law but they can’t create one. This means the general assembly needs to convene to address the issue.
The president of the Kentucky Senate issued a brief in this case in Kim’s favor asking the judge not to proceed with the contempt hearing. Why? It’s because he noted that the statutes of Kentucky have been shredded by the Supreme Court opinion and there’s no domestic law that’s authorized at this time because the general assembly needs to get together to act to address the laws.
In other words, Kim is actually obeying the law in this case and if she issued a marriage license to someone who’s not expressly authorized to receive one, it would be in direct violation of Kentucky statutes which have never been amended.
Become informed and let Jim and Mat help you cut through the many voices of bias when you review this vital edition of Crosstalk.
Liberty Counsel website:
Notes of encouragement for Kim Davis can be sent to:
P.O. Box 540774
Orlando, Florida 32854