Thursday, September 10, 2015

For a Christian nationalist the Kim Davis saga is an adventure in judicial overreach

David Lane

Christian nationalist, David Lane, has weighed in on the Kim Davis affair. Lane, with financing from America Family Association, is an energetic and persistent Christian reconstructionist. However he is not terribly imaginative. In an article appearing in Charisma News, Lane writes; “The Troubling Record of the Judge Who Jailed Kim Davis.” According to Lane:
Judge David Bunning -- a Republican -- ordered her [Kim Davis] jailed last week, although no law was passed by Congress and signed by the President of the United States that would force her to issue marriage licenses to individuals and proponents of same-sex intercourse and marriage. Mrs. Davis has broken no law.

This bit of mythology probably has its origins in a statement by Mat Staver of Liberty Counsel. According to this logic school districts should be able to segregate placing whites and blacks in separate schools; criminal suspects have no Miranda rights; states should have the right to ban interracial marriage; and Hobby Lobby should be required to offer a full range of contraceptives to its employees.

In Obergefell v. Hodges the Supreme Court determined that gay citizens were not afforded equal protection and due process – in accordance with the 14th Amendment – if they were not permitted to marry the individual of their choice. In other words, the Court determined that gays have a constitutional right to marry. Mr. Lane needs a history lesson. The 14th Amendment was passed by a super-majority in both houses of Congress in June of 1866. It was proclaimed as ratified (by 28 of the 37 states) on July 28, 1868.

When a public official actively denies a group of citizens rights afforded to them by the Constitution that is, in point of fact, breaking the law. I strongly suspect that, in the near future, Ms. Davis and Rowan County will pay for their capriciousness in civil suits.

Lane continues:
Basic civics: the Supreme Court cannot make law, only the legislative branch of a constitutional republic makes law. Apparently the House and Senate long ago capitulated and abandoned the Constitutional duty required in the "checks and balances" system created by the Founders: a fundamental principle to prevent any of the three branches of government from amassing excessive power.
Basic civics: The Constitution defines the law of the land and its interpretation is left up to the Supreme Court.

Lane goes on to detail Judge Bunning's prior sins:
  • In 2003, Judge Banning ruled to impose Gay-Strait Alliance (GSA). According to that gay activist group's website: "GSA clubs are powerful tools that can transform schools – making them safer and more welcoming for LGBTQ youth, youth with LGBTQ parents, and straight allies. GSA Network helps GSA clubs become activist clubs that can educate teachers and students to improve the school climate. GSA Network teaches GSA clubs how to work with the school administration to implement school policies that prevent harassment and violence";
  • In 2007, Judge Banning ruled to overturn a partial-birth abortion ban.
  • In 2015, Judge Banning illegally jailed Kim Davis.
Well, not exactly. “Impose?” In 2003, Judge Bunning ruled that the Boyd County School District must allow the student club Gay-Straight Alliance to meet on campus. The precedent was presumably Good News Club v. Milford Central School, a 6-3 decision based upon freedom of speech (viewpoint discrimination) and freedom of assembly. The opinion was written by Justice Thomas.

In 2007, Bunning was part of a three judge panel on a federal appeals court that overturned Michigan's ban on partial-birth abortion. The panel ruled that the state's law was too broad and would outlaw other legal forms of abortion.

The idea that jailing someone for contempt of court is somehow illegal is absurd. Mr. Lane needs to read and understand Article III of the US Constitution. Judge Bunning has acted according to the powers granted to federal judges in the Constitution.

According to Lane:
It seems that Judge Bunning's social liberalism undermines the Republican National Committee's annual call to arms for evangelical and Pro-Life Catholic Christian conservatives to vote, saying, “We cannot overstate the importance of Christians voting in 2016 because the Supreme Court and Judiciary weigh in the balance.”
Lane seems to be suggesting that a judge must be loyal to his political party and religious affiliation rather than to the Constitution and his oath of office. By the way, Lane is the organizer and author of that “annual call to arms.”

From here, Lane offers a Christian nationalist/reconstructionist rant. He cannot help himself:
Secularist lawyers are cagey. As one example, the U.S. Supreme Court decided in 1963 that theology is bloodily divisive and then concluded that the only way to restore comparative harmony was to expunge theology (read: the Bible) from public schools and the public square. The courts thereby forced theological debate and Biblical principles into the recesses of the conscience or, at best, safely behind the four walls of the church.[1]

Christian capitulation to Secularism, in the words of one great Christian writer, "is nothing less that apostasy, the denial of the Gospel that announces Jesus as Lord."[2]

America is devoid of the religious engine that propelled America's Founders. Indeed, it is beginning to bear an uncanny resemblance to the French in the Age of Enlightenment: just another mediocre nation among others.

If the Church refuses to engage the culture in the public square, what is the Church's purpose for being? If we are to survive, the renewal of America must begin with moral reformation, a spiritual resurrection. We must bring Biblical values to the public square.

We simply need a Gideon or Rahab the Harlot to stand.

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