Judge Orders Kim Davis Released, Demands She Not Stop Deputies From
Issuing ‘Gay Marriage’ Licenses
BY HEATHER CLARK
SEE: http://christiannews.net/2015/09/08/judge-orders-kim-davis-released-demands-she-not-stop-deputies-from-issuing-gay-marriage-licenses/; republished below in full unedited for informational, educational, and research purposes:
ASHLAND, Ky. — The judge that ordered Kim Davis to be placed behind bars nearly one week ago has now ordered her release, but simultaneously demanded that she not stop any of her deputy clerks from issuing marriage licenses to homosexuals.
U.S. District Judge David Bunning’s order came just hours before a rally was set to begin outside of Carter County Detention Center, where Davis had been held for the past six days.
He said that he was satisfied with the Rowan County office’s compliance with the Supreme Court opinion in Obergefell v. Hodges, and issued his order shortly after Davis’ attorneys filed an emergency motion to stay the contempt order.
“Defendent Davis shall be released from the custody of the U.S. Marshal forthwith,” reads Bunning’s order released today. “Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.”
He threatened to punish Davis if she defies the order.
“If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this order and appropriate sanctions will be considered,” Bunning wrote.
The federal judge, nominated to the bench by then-President George W. Bush, ordered status reports presented to his office every two weeks.
“[C]ounsel for the five deputy clerks who indicated that they would comply with the court’s order shall file a status report every fourteen days from the date of entry of this order unless otherwise excused by the court,” Bunning directed.
“Within those reports Counsel shall report on their clients’ respective compliance with the court’s August 12, 2015 order enjoining the Rowan County Clerk from enforcing her ‘no marriage licenses’ policy, as well as its order of September 3, 2015 requiring them to issue marriage licenses to all eligible couples in compliance with the court’s prior order,” he mandated.
According to reports, Davis’ attorneys have filed an appeal with the Sixth Circuit Court of Appeals and are asking that the state take her name off the licenses. They outline that Davis would be willing to compromise and allow the licenses to be issued as long as her name is not on the document.
“If [Davis’ deputies] can issue licenses under someone else’s authority … Kim Davis would not stand in the way of that,” attorney Roger Gannam told CNN on Tuesday.
Gannam, an attorney with Liberty Counsel, says that the state could still make it possible for homosexuals to “marry” while providing an opt-out for Davis.
“It’s the duty of the Kentucky government to accommodate [Davis], and they very easily could do so,” Gannam said. “Gov. Beshear is the one who should do his job or resign, using his words.”
However, some opine that there should be no compromise whatsoever and that Davis should interpose in the matter—as should Beshear.
“We’re still allowing the evil to continue, and it totally nullifies the interposition of the lesser magistrate in abating the just judgment of God,” Matt Trewhella, pastor of Mercy Seat Christian Church in Milwaukee, Wisconsin and author of “The Doctrine of the Lesser Magistrate,” told Christian News Network.
“It’s extremely important for people to understand that the interposition of the lesser magistrate abates the just judgment of God,” he said, “but with the path they’re taking in Kentucky, it will not.”
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PASTOR MATT TREWHELLA
"THE LESSER MAGISTRATE"
Pastor: Kim Davis Has Duty to Continue to Defy Federal Court as ‘Lesser Magistrate’
to Uphold God’s Law
BY HEATHER CLARK
SEE: http://christiannews.net/2015/09/11/pastor-says-kim-davis-has-duty-to-continue-to-defy-federal-court-as-lesser-magistrate-to-uphold-gods-law/; republished below in full unedited for informational, educational, and research purposes:
MILWAUKEE, Wisc. — A pastor and author who supports Kentucky clerk Kim Davis’ decision to disobey a court order rather than violate the law of God says that Davis has a duty to continue to interpose as a civil magistrate and refuse to issue marriage licenses to homosexuals—and the responsibility has nothing to do with personal religious liberty.
Matt Trewhella, pastor of Mercy Seat Christian Church in Milwaukee, Wisconsin, and author of“The Doctrine of the Lesser Magistrate” told Christian Network this week that obeying God rather than men is a biblical doctrine that is exemplified throughout the Scriptures.
“This has been the history of Christianity,” he said. “Christianity has always upheld the standard that when the state commands that which God forbids or forbids that which God commands, we are to obey God rather than men.”
“Daniel (a civil magistrate) chose to pray even thought he was told not to. The apostles chose to preach even though they were told not to. The early Christians refused to burn a piece of incense to [Nero] even though they were told to do so. Richard Wormbrandt (a Romanian pastor who was imprisoned for years and tortured) chose not to keep his mouth shut when Christ was being impugned,” Trewhella outlined.
“There’s no difference here with what Kim Davis has done,” he said. “You choose to either obey God or you choose to obey man when there’s a conflict of laws between the state and God’s law and word.”
He said that the biblical example of fidelity to Christ over man is also woven throughout history, and that God’s law was always considered the standard of legal jurisprudence up until recent times.
“For nearly 1500 years [following the resurrection of Christ], the moral law of God was the objective standard by which all men and all governments of men are judged,” Trewhella explained. “It was the standard to determine whether a law was just or unjust, moral or immoral, right or wrong. And any law made contrary to God’s law was considered now law at all, and was to be resisted.”
Various historical figures, including those who influenced early America, often referenced the law of God, he said.
“Whether you read Alfred the Great from the 9th century, Jonathan Salisbury from the 12th century or William Blackstone from the 18th century, they all pointed to God’s law as the higher law to which all men and all governments of men were accountable,” Trewhella explained. “William Blackstone was the most cited legal scholar by America’s founders. … He said that any laws that were made contrary to the law of God should not be suffered among us.”
“That was always the thinking of western man up until the time now where we’ve thrown the law of God under the bus,” he continued. “Now that the objective standard has been removed, it allows the state to make it up as they go. And as you can see, they just change the rule of law based on the lusts, passions and whims of mere men.”
While some say that the Scriptures require unlimited obedience to men, Trewhella said that it no such command is given to obey an order that violates the law of God.
“The authority that a civil magistrate has is delegated to them by God, therefore, they have a duty to govern according to his rule,” he explained. “And that’s why it says in Romans 13 that the civil magistrate is the ‘minister of God,’ or God’s minister, to reward those who do good and punish those who do evil.”
“When we look at other passages of Scripture, we see precisely what the Christian is to do when the civil magistrate wants to rename evil as good and good as evil—that is to obey God rather than men,” Trewhella continued, again pointing to biblical examples. “There are plenty of passages in regard to the Hebrew midwives, Daniel, the Hebrew children and even [“the prisoner of Christ Jesus”] Paul himself, who penned Romans 13 and 2 Corinthians 11.”
Therefore, Kim Davis did what was right, Trewhella said.
“She’s simply following what western man has understood for over 1,500 years now, and that’s divine law trumps human laws,” he stated.
And while some opine that Davis should simply resign and let someone else issue the licenses, Trewhella said that is not Davis’ duty before God.
“She is a magistrate. She is not a private individual,” he noted. “As a magistrate, she posses lawful authority, and so she has the duty in the sight of God when the higher authority makes court opinion contrary to the law and word of God to defy that, to interpose against it.”
Trewhella said that the matter is not about religious liberty and should not be treated as a personal opt-out but a scenario where a lesser magistrate must stand in the gap to hold back the judgment of God. He expressed disappointment over statements by Davis’ attorneys in regard to desired compromises, such as being willing to issue licences as long as her name is removed from the documents.
“We’re still allowing the evil to continue, and it totally nullifies the interposition of the lesser magistrate in abating the just judgment of God,” Trewehella lamented. “It’s extremely important for people to understand that the interposition of the lesser magistrate abates the just judgment of God, but with the path they’re taking in Kentucky, it will not.”
