Generally Jan Mickelson’s radio show on 1040 am WHO is pretty lightweight. He’ll spend hours on the legalities of passing a stopped school bus or other inane subjects. He’ll spend all kinds of time talking about bike trails and critters and the CDL that truckers hold. It can be the day after a momentous election or debate, and he’ll be talking about getting the skunk smell out of things. But every once in awhile he stumbles upon something relevant.
Kentucky County Clerk Kim Davis went to jail, as she put it, to not violate her religious beliefs by issuing a marriage license to gay people. Mickelson pointed out that as a government clerk, her personal beliefs were not relevant. Her obligation was to follow Kentucky law in the performance of her duties.
And since Kentucky law does not allow the marriage of Adam and Steve, that is what she should of based her actions on. Excellent point. That and another good point Mickelson has made, that court decisions about gay marriage, have not “created” law. As it turns out, all legislative powers have been given to the legislative branch. Isn’t that amazing? The power to legislate, is solely that of the legislature.
And, a check with Miriam Webster reveals that “all”, means in its entirety. Or 100 %. Or put another way, the Administrative and Judicial branches have zero law making ability. Or put another way, a court’s decision on a case, does not make it the “law of the land”. As that would be impossible, as Law cannot come from the judicial branch. There is a symbiotic relationship there. The Administrative branch administers the Law created by the Legislative branch, and the judicial branch judges disputes of the Law. That whole 3 legged stool thing. Create, administer, judge.
[That’s the beauty of government schools, you can keep everyone ignorant on how government is supposed to function. Don’t believe me? Look up, “How a bill becomes a law”. You will see that all bills originate in the legislature. Or when Obama sits down in the Oval Office to sign something into law, it is never a court decision.]