What is so obnoxious about our Supreme Court refusing to hear the appeal in the Kim Davis case is, its refusal lets stand a $100,000 damages verdict against her, plus $260,000 for attorney’s fees, for allegedly violating the law in 2015 by refusing to issue a marriage license to a Kentucky same-sex couple, when Kentucky’s constitution would be violated by issuing such a license.
In 2004, the people of Kentucky, acting under the Tenth Amendment’s reserved powers of the States, adopted an amendment to their Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages. The referendum was approved by 75% of the voters.
The text of the Amendment reads as follows:
“Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.”
Shortly before Kim Davis began refusing to issue marriage licenses to same-sex couples, the U.S. Supreme Court issued its ruling in Obergefell v. Hodges, reversing the Court of Appeals for the Sixth Circuit which upheld, on November 6, 2014, Kentucky’s ban on same-sex marriage.
What is stunning to realize is, nowhere in the majority opinion, Obergefell v. Hodges, written by Justice Kennedy, is there sufficient evidence that by the terms of the Fourteenth Amendment’s equal protection or due process clause, is Kentucky violating its Tenth Amendment reserved powers, and is required to perform and recognize same-sex marriages on the same terms as opposite-sex marriages, which Justice Kennedy, falsely suggests there was, along with Justices Ruth Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan who sided with Justice Kennedy ___ Justices Roberts, Scalia, Thomas and Alito dissenting.
I think, at the very least, Justice Kennedy ought to compensate Kim Davis for all of her legal fees, give her an apology for his actions, and simply explain he was on a mission to undo what 75% of the votes, who he apparently disagrees with, dared to do in the State of Kentucky when exercising their Tenth Amendment guaranteed reserved powers.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [our Supreme Court] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47