Today, September 8, I am holding a prayer vigil and rally for liberty in Grayson, Kentucky. I will call on Judge David Bunning to release Kim Davis on the grounds that her right to religious liberty has been grossly violated under the Constitution of these United States of America. 

When I warned that the Supreme Court’s decision on marriage would lead to the criminalization of Christianity in America I was dismissed by many as an alarmist and my comments were mocked by the chattering class. Now, just two months after the court's lawless ruling, an elected county clerk has been put in jail by an unelected judge for refusing to issue a “marriage" license to a same-sex couple, removing all doubts about criminalization of Christianity in this country.

 

When the people of Kentucky elected Democrat Kim Davis as county clerk, the state’s constitution affirmed that marriage is between one man and one woman. The amendment passed with 75 percent of the people’s vote.

Today, I ask on behalf of Kim: “Under what law is she authorized to issue homosexual couples a marriage license?” Can you site the specific right in the Constitution?  Is there a statute, passed by Congress that actually says that the five unelected lawyers in the majority of the court’s opinion were right to throw out the very definition of marriage and make up one on their own?  

Today, I ask on behalf of Kim: “Under what law is she authorized to issue homosexual couples a marriage license?” Can you site the specific right in the Constitution?

In the Obergefell decision, the Supreme Court ruled same-sex couples have the right to get married. Whether you personally agree with that or not doesn't matter in Kim’s case. What does matter, is that the Supreme Court cannot and did not make a law. It only made a ruling on a law. 

Kim's stand for religious liberty is a pivotal moment in our nation's history. Will we continue to pretend as though the Supreme Court is the "Supreme Branch" with the authority and ability to make laws? It most certainly is not. The Supreme Court is one of three co-equal branches of government under our Constitution. It is no more the "Supreme Branch" than it is the "Supreme Being" with the authority to redefine the laws of nature or of nature's God!

What we know for sure is that The Judicial Branch is constitutionally prohibited from writing laws, there are religious liberty protections in the Kentucky constitution and Kentucky statute and the plaintiffs in the case did not seek Kim’s incarceration.  Despite these facts, Kim Davis was thrown in jail for contempt, which means she was given no possibility of bail.

That seems even more ludicrous when you consider many of the America's most evil and notorious serial killers, murderers, rapists, mafia bosses and presidential assassins were actually let out on bail:

·      Al Capone: Mob Boss of the Chicago Outfit

·      Kenneth Bianchi: "Hillside Strangler," serial killer, rapist

·      Ted Bundy: Serial killer, rapist, necrophile 

·      Jeffrey Dahmer: "Milwaukee Cannibal," serial killer

·      Albert DeSalvo: "Boston Strangler"

·      John Wayne Gacy: "Clown Killer"; serial killer, rapist

·      Genovese crime family: New York City mafia

·      John A. Gotti: Son of Gambino crime family leader

·      Jack Kevorkian: "Dr. Death"; euthanasia doctor 

·      Dennis Rader: "BTK Killer" (Bind, Torture, Kill)

·      John Surratt: Conspirator in Lincoln assassination 

All of these dangerous criminals were given bail.  A Democrat county clerk in Kentucky who is a Christian was not.

No one went to jail when San Francisco Mayor Gavin Newsom ordered city clerks to issue same-sex marriage licenses in direct disobedience to California law. More recently, No one went to jail when San Francisco was set up as a sanctuary city – sheltering dangerous illegal immigrant felons in defiance of federal law. Not only did Newsom NOT go to jail, he’s now the lieutenant governor of the state! 

I am appalled at our government’s willingness to accommodate the religious beliefs of all religions, but Christianity.

When I traveled to Guantanamo Bay, I was amazed by how well we treated foreign Muslim terrorist detainees. The U.S. government provides prayer mats and special meals that conform to Islamic restrictions, but we can’t accommodate the religious beliefs of a popularly elected Christian county clerk in Kentucky? We have lost our moral compass as a country when our government accommodates militant Muslims but not conservative Christians.

As a governor for ten and a half years, I followed the Constitution of my state and of the United States. The rule of law is a foundation of our democracy. 

But the reason why our laws are respected by the American people is because our Constitution guarantees reasonable safeguards to protect the rights of dissenters.

I refuse to sit silently as our Constitution is torched and the courts violate our fundamental rights. We did not fight a revolution against the tyranny of one unelected monarch so we could surrender our freedoms and abandon our Constitution to the tyranny of five unaccountable, unelected lawyers.

This shredding of the most fundamental civil rights of our citizens cannot stand. I will fight for, and protect, the religious liberty of every American. This will go down as a seminal moment in American history if we do not free Kim Davis now and make sure this never happens again.

Former Arkansas Governor Mike Huckabee was a 2016 Republican candidate for president of the United States.