Intro to Smith ‘A Heaven or Hell Decision’
Intro by John R. Houk
Author: Justin O. Smith
Posted September 11, 2015
Kim Davis should contemplate changing her political affiliation from a Democrat to a Republican or Independent. Ms. Davis was recently incarcerated for being in contempt to a judicial order to issue same-sex Marriage Certificates to homosexual couples. She refused to violate the conscience of her Biblical faith. Ms. Davis’ Democrat political party’s platform is supportive of various Biblically ungodly stands including the Dem’s homosexual rights stand (1980 and 2012).
Justin Smith addresses the constitutional issues and judicial activism in relation to Kim Davis’ persecution for her Christian convictions. In relation to the Christian faith Justin looks at the majority opinion of Justice Hugo Black (examining Justice Black through the lens of Everson v. Board of Education – looks at consistency more than criticism) in the 1947 decision attached to Everson v. Board of Education. That SCOTUS case made words written by Thomas Jefferson to the Danbury Baptist Church pertaining the separation of Church and State as part of America’s rule of law over 150 after the U.S. Constitution was ratified. The thing is there is NO SUCH LANGUAGE in the U.S. Constitution including the first ten amendments known as the Bill of Rights.
Justice Hugo Black tossed out constitutional Original Intent in favor of the fallacious concept of a Living Constitution that can be judicially modified to fit any court’s concept of what is a valid right for the present. The Living Constitution concept essentially circumvents the Constitution’s paradigm for alterations to said Constitution. Understand this: The Constitution does not empower the Judicial Branch to create law on any level including the Supreme Court.
The Christian Answers Network takes a brief look at judicial case law that led up Justice Black’s 1947 decision in Everson v. Board of Education. If you at that web page you will notice how SCOTUS slowly began to assert Judicial Activism for creating law ex nihilo. Here is a great quote on SCOTUS judicial fiat/law ex nihilo:
In Federalist No. 78, Alexander Hamilton wrote that the Judiciary would be the weakest of the three branches of government, but over time and with the expansion of the power of judicial review it has arguably become the strongest. The problem with this is that justices now routinely substitute their own personal judgment for what is equitable rather than deferring to the Constitution. What has resulted is unelected, unaccountable judges making policy decisions for the country.
Far from the intent of the Founders, this is neither democracy nor representative government; it is five judges imposing their desire for social change on the country by judicial fiat. … READ ENTIRETY (The Same-Sex Marriage Decision: Ruling by Judicial Fiat; By Zack Pruitt; Acton Institute - Power Blog; 6/26/15)
The Zack Pruitt quote above was inspired by five Justices forcing same-sex marriage upon the all the States of the Union by fabricating meanings from words in the Constitution that plain and simply DO NOT match the judicial logic of the SCOTUS majority; viz. Obergefell v. Hodges.
It is this Judicial Fiat by five Justices that another Judge in a lower court jailed Kim Davis for her Christian refusal to issue Marriage Licenses to homosexuals.
A Heaven or Hell Decision
By Justin O. Smith
Sent: 9/10/2015 12:12 PM
"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." - Kim Davis
America was founded on religious freedom and the right to sustain and protect one's beliefs and conscience, and yet, the American people were recently forced to bear witness to one of the most ignominious and unconscionable acts perpetrated by the third branch of government, the judiciary, in over 150 years, as a U.S. citizen was jailed for staying true to her own Christian belief and her conscience.
With the Ten Commandments still carved in stone above the entrance to the U.S. Supreme Court, Kim Davis, a Christian Democrat and Rowan County Clerk (Kentucky), was jailed by U.S. District Judge David Bunning on September 3, 2015 for contempt of court. He erroneously asserted that Mrs. Davis "arguably violated the First Amendment by openly adopting a policy that promotes her own religious convictions at the expense of others," because she steadfastly has refused to issue marriage licenses to homosexuals.
Keeping in mind that religious liberty is protected by the First Amendment; that marriage is defined in the Kentucky Constitution as being between "one man and one woman"; and that over 75% of voters in Kentucky passed the Kentucky Religious Freedom restoration Act (2013), which provides for accommodations to be made for just such religious objections as Kim Davis holds, one must ask the following question: Aren't the courts "adopting" their "policy" and agenda when they magically create "law" based on mythical "rights" that cannot be found and are not presented anywhere within the U.S. Constitution?
Instead of deciding an issue with any new law through the actual text of the U.S. Constitution and through logical and full consideration of all available historical evidence, the Supreme Court, the 6th Circuit U.S. Court of Appeals and judge Bunning have perpetuated the same bad law and judicial activism that started with the abuse of the Constitution by Justice Hugo Black in Everson v Board of education (1947) and has not yet ended with Obergefell v Hodges (2015). Through their hubris and their ignorance or contempt of the U.S. Constitution, they have advanced a fallacious understanding of the Constitution and the First Amendment, which has resulted in judicial tyranny.
Before Everson, the states were not prohibited under the First Amendment from establishing religion, and nowhere in the debate on freedom of religion in the first Congress is there any mention of "separation of church and state." Our Founders own writings clearly show that they never intended for public officials to check their convictions and beliefs at the door to their offices. They would have been shocked by the Court's excessively broad interpretation of the First Amendment, given the language the Founders crafted with the belief it would protect open expression of religious beliefs in America. The Founders most certainly would have rebelled against the idea of an absolute "separation of church and state" and the use of the First and Fourteenth Amendments to eradicate all Judeo-Christian references to God from the public square, because these ideas are incompatible with the Original Intent and unalienable rights granted to each of us by our Creator, thus making them erroneous and historically unsupportable.
On New Year's Day 1802, Thomas Jefferson wrote to the Danbury Baptists to assuage their fear that the federal government might one day attempt to condition religious freedom as a right granted by the state. Jefferson, an anti-Federalist, clearly stated his intention to keep government out of religious affairs rather than empower it to remove religion from the public arena: "Adhering to this expression of the supreme will of the nation in the behalf of the rights of conscience, I shall see with sincere satisfaction the progress of those sentiments which tend to restore to man all his natural rights, convinced he has no natural rights in opposition to his social duties."
If anyone's First Amendment rights have been violated, they were Kim Davis's rights, as she was jailed illegally and denied habeas corpus, in order to coerce her to issue marriage licenses to homosexuals. This violated her right to freedom of religious conscience.
Kim Davis asked the perfect question before she was jailed in Carter County detention Center: "Under what law am I authorized to issue homosexual couples a marriage license?"
Only Congress can make law according to the U.S. Constitution, so exactly what "law" did the Supreme Court make with its ruling on Obergefell v Hodges? No law has been written and passed that allows same-sex couples to marry, although the Supreme Court and five black-robed tyrants are claiming this is "the law" after Justice Kennedy "found" this imaginary "right" to homosexual marriage in the 14th Amendment, which dealt with states' rights, citizenship for freed slaves and ending the Civil war.
During her incarceration, Kim Davis's lawyer, Mat Staver, Liberty Counsel founder, worked towards her release, since the Kentucky Religious Freedom Restoration Act already provided for accommodations that should have been immediately sought in order to save her from Bunning's abusive order. Massive crowds of supporters arrived in Grayson, KY to protest her confinement, and presidential candidates Mike Huckabee and Ted Cruz came to her aid, and they all stood by her side on the day of her release.
Bunning released Mrs. Davis, because her deputy clerks were signing marriage licenses with "Rowan County," thus satisfying "the law"; however, Mat Staver's comments before the crowd seemed to suggest that this fight may not be over until these "marriage" licenses for homosexuals are issued through a different office and someone else's authority, which the Governor could handle by executive order. Both Staver and Davis reiterated her intent to do her job without violating her Christian beliefs and conscience.
On a larger front, this battle over the definition of "marriage" and against homosexual marriages is far from over, all across the nation. Millions of other Americans, such as Nick Williams - a probate judge in Washington County, Alabama and Molly Criner - a clerk in Irion County, Texas, are declaring that "natural marriage cannot be redefined by government," and currently, numerous counties across America are following the example set by Kim Davis, including eleven counties from Alabama alone.
Judge Williams told the New York Times: "When you're elected you don't check your beliefs at the door. If you're a true believer, you can't separate that from who you are." Judge Williams was evidently well versed, by someone in his youth, on the Founding Fathers' beliefs.
Even though Kim Davis was released on September 8th, she never should have been arrested it the first place. She broke no Kentucky law. She broke no federal law in her efforts to uphold her Christian convictions. And never again, for all times hereafter, should any American be jailed simply for standing by their religious conscience.
With traditional Christian and Jewish faith and their civilizing principles under increasing attack by black-robed tyrants, who have shown a willingness now to jail people of deeply held religious beliefs, all God-loving Americans must stand in defense of religious liberty and the right to one's freedom of conscience in the manner envisioned by our Founders, otherwise all Americans will suffer terrible consequences. we must refuse to obey unjust and unConstitutional "laws", that seek to silence and punish religious speech and diminish the God-ordained institution of marriage and the family to a distant memory, just as prescribed by St. Augustine, rather than allow our society to be reduced to the shambles of a secular and humanist cesspool of sick, demented, twisted criminal and immoral perversion ___ Hell on Earth.
By Justin O. Smith
Edited by John R. Houk
© Justin O. Smith