Clerk Defies Supreme Court, Refuses Gay Marriage Licenses

[Mr.wizard]

Those clerks were taken to court. And the judge interpreted the statute that they were disobeying and found it to be unconstitutional.

Which is the exact same process that Kim Davis was afforded. She was not jailed immediately. She was jailed after she appealed multiple times, was denied a stay, was issued a direct order from a U.S. District Court to do her job, and refused to follow the instruction of the judicial order.

Had the judge in Colorado, for example, upheld the DOMA statute, issued an order for the clerks there to stop issuing same sex marriage licenses, and they continued to do so, they would be in jail as well. But that's not what happened. Sorry, Chad, your overactive selection bias has undone you again.

As I mentioned in my post the Constitution has been tortured by every regime since Wickard v Filburn to Kelo v City of New London. The words and phrases like well-regulated and general welfare have been divorced from the clear meanings they had in the 18th century when they were penned. The federal government is no longer limited to enumerated powers. They can pretty much do what they want.


So I'm not singling out any particular party or judicial overreach. If the Constitution can be interpreted to mean whatever those in power want then the US is a nation of men, not law.

Ya, because in the 18th century when those things where penned they had a much better understanding of "well regulated" and "general welfare .