Kentucky’s county clerk
“Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” Those are the original words of the “Freedom of Religion” clause of the First Amendment to the Constitution of the United States. They have been interpreted and reinterpreted many times, but in respect to the current flap with the county clerk in Kentucky refusing to issue marriage licenses to all who apply for them, this is what they mean.
The state (federal, state, county, municipal) cannot tell any religious organization or individual what its views and policies regarding marriage must, or must not, be. Likewise, these religious organizations or individuals cannot tell the state what its laws regarding marriage must be. In other words, the state cannot intrude into the place of worship, nor can the church intrude into the place of government, including county clerk’s offices.
The “five unelected lawyers” on the Supreme Court, that many conservatives like to rant about, did not legislate and make new laws; they interpreted the Constitution, as is their one and only job. I worry more about the other four unelected lawyers who try to legislate from the bench by refusing to uphold the Constitution.
George Burman, Fresno
This story was originally published September 10, 2015 at 9:05 AM with the headline "Kentucky’s county clerk."