Kim Davis and What Same-Sex Marriage Battle is Really About

It's unfortunate a tremendous opportunity has been missed, at least in the early stages, concerning the bold and righteous resistance of Kim Davis, the Kentucky magistrate, who refused to hand out marriage licenses in response to the Obergefell Supreme Court decision that allowed homosexuals to "marry."

The issue at hand is her attorneys decided to battle over "religious liberty," as the issue at hand. Instead, the battle needs to move to the authority of lesser-magistrates, who have the responsibility and right to make decisions based upon the constitution of the people they were voted in by, which in this case is Kentucky.

For that reason, magistrates across the state of Kentucky need to rise up and resist as she did, based upon their authority as an elected representative of the people.

Magistrates that need to embrace resistance include legislators, judges, district attorneys, clerks and sheriffs, among any other locally elected official.

One has to understand that Davis was sworn to uphold the Constitution of Kentucky. The Supreme Court has no basis upon which to declare the U.S. Constitution supports homosexual "marriage," as it is completely illegitimate. There is no such right in the Constitution, and magistrates have a responsibility to uphold the Constitutions of their respective states.

Taking into consideration her lawful authority as a Clerk, Davis and her legal team should switch strategies and focus on her legal authority.

Instead of religious liberty and individual conscience, they need to look to the authority she has as a Clerk in her local government.

If that happens, others will get the message this is about the abuse of Federal and Judicial power, where it was wrongly decided it was greater than the State Constitution of Kentucky. When other magistrates see that, they can, should, and in many cases, will rise up to resist the tyranny that the separation of powers was meant to hold in check.

In other words, this is a battle over jurisdictions, not over religious liberty or individual conscience. Davis is resisting because her beliefs and conscience giver here the courage to do so, not because they are offended.

With that as a battleground to fight over, many other magistrates will see that this is a battle between government jurisdictions, where some have engaged in tyranny and lies in order to pressure or force those opposed to obey.

This is where magistrates must draw the line and stand up for those that voted them in and the State Constitution they were sworn to uphold.