Wednesday, April 06, 2016


The Supreme Court's decision on same-sex marriage in Obergefell and gains by the LGBT movement have spurred a number of states, esp. those in the Bible Belt (e.g. Ga., Miss., N.C.) to respond with state legislation.
"Mississippi’s governor signed far-reaching legislation on Tuesday that critics say restricts gay rights and the online-payment company PayPal pulled back on an investment in North Carolina as gay rights issues roiled Southern states.
Both actions reflected escalating tension in Southern legislatures between conservative lawmakers and business interest over gay rights.
In Mississippi, Gov. Phil Bryant, signed into law a measure that would allow business and government workers to deny services based on religious beliefs."

Allowing private businesses to discriminate raises interesting legal issues.  Allowing public officials to discriminate in violation of a Supreme Court decision is clearly null and void.  Nothing in the Bill of Rights or 14th Amendment, limits the decision-making of private citizens.  These rights, howerver, limit the powers of government and its officials. Clearly as applied to public officials, the legislation if unconstitutional.  Kim Davis of KY found this out the hard way.  It sad and worrisome that there is so little respect for the rule of law.  I guess it's not surprising coming from states where blacks were lynched and massacred and unconstitutional Jim Crow laws prevailed until being shut down by the federal courts. 
The whole legislative messes misses the point.  State sanctioned marriage is simply an act of the state.  It should be called 'civil union.'  "Marriage" in the religious, social and institutional realms is a an individual matter which is wholly separate No one is requiring any public official to approve of a same-sex marriage, only a same-sex civil union.  Get a grip!  A clerk of courts does not personally approve of any marriage by signing the paperwork.  The clerk simply certifies that the applicants meet all state law requirements.

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