Dear Marriage Supporter,
It's been quite a week for our fight to protect the truth marriage and the rights of Americans to exercise their beliefs about marriage as the union of one man and one woman.
Kim Davis Freed From Jail
Thanks to enormous public pressure brought to bear by NOM and our allies — pressure that resulted in hundreds of thousands of Americans signing petitions demanding that Kim be released and that the religious liberty right of Americans be enacted — Kim Davis was unexpectedly freed from jail by federal judge David Bunning, the rogue judge who had her imprisoned for six days.
I don't think it was a coincidence that Kim was freed last Tuesday, because that was the day that NOM worked with Governor Mike Huckabee, Liberty Counsel and others to organize a massive rally at the courthouse demanding that she be released.
It was a great honor to speak at this rally which was attended by thousands of people. You can view my remarks here.
NOM has worked hard to defend Kim Davis because she represents an incredibly important principle — that no American should be forced into participating against their will in something as illegitimate and unjust as same-sex 'marriage.' This goes for bakers, florists, inn keepers, photographers and pizza parlor owners, just as it goes for local government clerks. Nobody should be sued, fined, fired, put out of business — and certainly not thrown in jail — simply because they believe that marriage is the union of one man and one woman.
While I hope that my speech inspired some in the crowd, and touches some of you who may watch it online, the truth is that I was inspired by such a powerful, energetic outpouring of marriage supporters who were roused into action.
So I thank you for standing with me!
It's More Than Religious Liberty
Our constitution guarantees each of us the right to exercise our religious beliefs in our daily lives, including at work. Moreover, federal law requires that people of faith like Kim Davis be provided a reasonable accommodation when a job duty conflicts with a deeply-held religious belief. But in her case, no reasonable accommodation was provided to Kim. She was ordered by Governor Steve Beshear to personally participate in what she considers to be a sin by issuing a 'marriage' license to same-sex couples in violation of her religious beliefs.
Ever since the US Supreme Court acted illegitimately and wrongly to impose a redefined version of marriage on every state in the nation, Kim Davis has asked that marriage licenses not contain her name nor be issued under her legal authority. But Governor Beshear refused to alter the license forms in this way, even though his administration did change them to suit the demands of gay activists — changing "Bride and Groom" to "Party 1 and Party 2."
So, unquestionably, a key factor in this case was the abject failure of the state and the judge to provide a reasonable accommodation to Kim Davis so that she would be spared from having to violate her religious beliefs in participating in a same-sex 'marriage.'
But what is at stake in this case goes well beyond religious liberty.
Resisting An Unjust Law
Throughout our history, Americans have been presented with situations when the government has issued a decree that was plainly and clearly unjust and lacking in constitutional authority. This was the case when the US Supreme Court declared in their infamous Dred Scott decision that African Americans could not be citizens and thus were subject to being bought and sold as if they were property. It was the case when courts upheld laws promoting segregation. And it is the case with the redefinition of marriage — a ruling that defies thousands of years of experience in virtually every nation that has ever existed, and a ruling that is utterly lacking in any constitutional authority or precedent.
NOM's Chairman, John Eastman, wrote a brilliant article for National Review in which he explains the moral imperative that citizens resist an unjust law and refuse to comply with its dictates. Quoting extensively from the sharply-worded dissents in the Obergefell marriage ruling, Dr. Eastman lays bare any pretense that the majority relied on constitutional principles to impose same-sex 'marriage' on every state in the nation. Instead, he makes clear that it was an act of judicial supremacy that seeks to elevate the opinion of five judges over the words and meaning of the constitution itself.
Dr. Eastman reminds readers that President Abraham Lincoln rejected this very claim of judicial supremacy — the idea that the constitution means whatever five judges say it means — and articulated in his first inaugural address his rationale for refusing to comply with the Dred Scott ruling.
Dr. Martin Luther King also spoke eloquently about the duty of Americans to obey just laws and disobey unjust ones. Writing from a cell in the Birmingham, Alabama jail. Dr. King said, "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws…Now, what is the difference between the two? How does one determine whether a law is just or unjust?" wrote Dr. King. "A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law."
Dr. King is describing the Supreme Court's marriage ruling to a "T." Not only did Dr. King believe that we as Americans have a moral obligation to refuse to comply with an unjust law, but in refusing to comply we are in reality showing respect for the law. He said, "I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law."
In the end, this is the principle that NOM most forcefully advocates. It was illegitimate for the US Supreme Court to have redefined marriage and we urge every American to refuse to comply with this unjust law. The idea of forcing same-sex 'marriage' on the nation does not square with eternal and natural law; it is out of harmony with moral law. It is profoundly unjust and it should be resisted.
As I've explained before, NOM has two overriding objectives to deal with the unjust ruling of the Supreme Court. First, we must contain its damage by enacting legislation at the federal and state levels to protect people from punishment for exercising their beliefs about marriage in their daily lives, including at work. That is why passage of the First Amendment Defense Act is so important. Second, we must pursue every avenue possible to reverse this illegitimate ruling, including electing a pro-marriage president who will appoint Supreme Court justices who are committed to upholding the constitution and who reject judicial supremacy.
It's ironic that opponents of Kim Davis rail against her for refusing to implement a law that she considers unjust — a violation of her oath of office, they claim. The frenetic pace of events recently has delayed me in recommending another scholarly article written by NOM's Chairman, Dr. John Eastman. He authored an extraordinary piece titled, "Cheating Marriage. A Tragedy in Three Acts" that has been published by the Ave Marie Law Review. The article details at length with the unbelievable degree of collusion between officials in both California and Washington, DC who conspired against the wishes of their own citizens to invalidate California's Proposition 8 and our federal Defense of Marriage Act. It is a fascinating and detailed review. I urge you to download and read the full article.
Please Support NOM
I conclude with a request for your support. Some of what you see of our work is quite visible, while other elements are behind the scenes. In the last week alone, we sent over one million emails to help publicize the Kim Davis situation, built and launched two websites to help mobilize people to show their support or donate to help Kim and her family, helped organize the rally at the courthouse attended by thousands of supporters, launched social media blasts in defense of marriage, published articles, gave dozens of media interviews, and undertook myriad other activities all in pursuit of enacting protections for people to live out their beliefs of marriage in their daily lives, and to further an environment that will one day lead to the repeal of the illegitimate Supreme Court ruling redefining marriage. All of this work costs money, money that we don't have sitting in reserve. We depend on you to contribute funds each month so that we can continue the important work we do.
With a busy and extremely productive week in the books, please make a generous financial contribution to help NOM be ready for what is to come, and to continue to bring the fight for the truth of marriage to the American people.
PS — We don't know what next week will bring for Kim Davis and her family. Please keep them in your prayers. And please help NOM be ready for whatever comes at us by making a generous financial contribution at this important time.