NEW YORK (Christian Examiner) – The Rowan County, Kentucky, clerk facing a contempt hearing in a federal judge's chambers today is in the right, Republican presidential hopeful Mike Huckabee said in a statement today.
Huckabee, who visited with Rowan County Clerk Kim Davis – a registered Democrat – on the phone, said he had offered his prayers and support for her.
"I let her know how proud I am of her for not abandoning her religious convictions and standing strong for religious liberty," Huckabee said. "She is showing more courage and humility than just about any federal office holder in Washington.
"Kim is asking the perfect question: 'Under what law am I authorized to issue homosexual couples a marriage license?' That simple question is giving many in Congress a civics lesson that they never got in grade school."
Davis has been under fire since the Supreme Court issued its ruling in Obergefell v. Hodges in June. The ruling legalized gay marriage in all 50 states, bulldozing at least a dozen state-adopted constitutional amendments recognizing marriage as a union only between a man and a woman. The majority on the court, according to Justice Anthony Kennedy who wrote their opinion, believed prohibiting gay marriage stripped homosexuals of their dignity.
After the ruling, Davis stopped issuing marriage licenses altogether and asked for some type of religious accommodation through the state, such as the institution of a new online process for issuing marriage licenses that doesn't require a county clerk to sign them. A federal court ruled after Davis was sued by two homosexual couples and two straight couples that she was compelled to issue the licenses. She appealed the ruling to the U.S. Court of Appeals for the Sixth Circuit, which issued a stay until Davis could appeal to the Supreme Court.
On Aug. 31, however, the high court refused to hear the appeal, meaning Davis would be required to obey the lower court's directive. Only, she did not and still has not.
Huckabee said in his statement that Davis should not have to issue the licenses to same-sex couples because there is no law mandating it.
"The Supreme Court cannot and did not make a law. They only made a ruling on a law. Congress makes the laws. Because Congress has made no law allowing for same sex marriage, Kim does not have the Constitutional authority to issue a marriage license to homosexual couples," Huckabee said.
"Kim is a person of great conviction. When people of conviction fight for what's right they often pay a price, but if they don't and we surrender, we will pay a far greater price for bowing to the false God of judicial supremacy. Government is not God. No man – and certainly no unelected lawyer – has the right to redefine the laws of nature or of nature's God. Five unelected lawyers have abused their power by ruling in favor of a national right to same-sex marriage with no legal precedent and with nothing in our Constitution to back it up. They have violated Americans' most fundamental right guaranteed by our Constitution – religious liberty."
Huckabee concluded the statement with a claim that he stood with Davis and all Americans of faith "under attack by Washington elites who have nothing but disdain for us, our faith and the Constitution."
On Sept. 1, Davis – who has been married multiple times – issued a statement saying her Christian faith will not allow her to be party to a same-sex marriage. Her stance has raised national questions about religious accommodation in relation to gay marriage for public officials.