Although the Liberty Counsel is supporting Kim Davis’s decision to ignore the law in favor of her newly established strongly held religious beliefs against marriage equality because it opposes Gay couples getting marriage licenses, its stand was just the opposite when certain states and municipalities began recognizing same sex marriages and issuing marriage licenses in spite of the existing laws in these places.
Attorney Mat Staver and the Liberty Counsel are apparently strong on following the law when it prohibits same sex marriage, but totally against following the law when it allows for it.
In 2004 the Liberty Counsel, which is now advising Kim Davis and is claiming her treatment is based on religious persecution, filed a lawsuit against the mayor of Seattle, Washington, for ordering the recognition of same-sex marriage:
Attorney Staver of Liberty Counsel:
“Last week Judge Vincent Bradley issued a clear message against New Paltz, New York, Mayor Jason West. That message not only applies to Mayor West, but also to Mayor Nickels. Any public official who takes an oath of office must uphold state law, and in the state of Washington, the law could not be any more clear — marriage is between one man and one woman. I am astounded at the deliberate disobedience of public officials who are willing to violate their oath, violate the law, and trample on the will of the people, all so that they can push their radical same-sex agenda. Like in New Paltz, New York, law and order will return to Seattle.”
Note the referencing to the obligation to follow the law and one’s oath.
When Liberty Counsel fought to stay the issuing of same-sex marriage licenses in California in 2008 it held:
“While state officials might assume that similar language is unconstitutional and should be stricken, the Supreme Court made it clear in Lockyer that administrative officials cannot make such assumptions to justify refusal to enforce the statutes… Instead, administrative officials must continue to carry out their ministerial duties and enforce statutes until there has been a judicial determination that the statute is unconstitutional”.
Or like that time in 2012, when Liberty Counsel said:
“In recent days we have seen stepped-up attacks against free speech. It is outrageous that a public school superintendent could think he has the right to threaten revocation of a lease because of what the pastor preaches in the pulpit. No public official is above the law. The First Amendment stands as a bulwark against homo-fascism”.
Or, like that time in 2014, when Liberty Counsel opposed same-sex marriage licenses in Florida:
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Even as recently as January, 2015, when it came to Florida clerks issuing same sex marriage licenses:
“The duties of a Florida clerk of court are ministerial, which means they have no discretion to pick and choose which laws to follow. Until a court with proper jurisdiction rules otherwise, Florida clerks are bound by Florida’s marriage laws, which memorialize in its Constitution the historic, natural definition of marriage as the union of one man and one woman”.
And then four months later, in April, the liberty Counsel stated in another case in Florida where it opposed issuing same sex marriage licenses:
“The Clerk’s present policy of issuing marriage licenses to same-sex couples violates the public ministerial duty not to issue such licenses under the Florida Constitution and Statutes. The Clerk has no discretion to violate the Constitution of Florida, the laws of Florida, and the clearly expressed will of the People of Florida.”
“… The Florida public and the rule of law are being injured by the Clerk’s open disregard of her public duties.”
“Florida clerks have no discretion to violate the Constitution of Florida and the clearly expressed will of the People of Florida and hand out marriage licenses to same-sex couples.”
“We are in a constitutional crisis in America. Government officials from county clerks to the President of the United States are ignoring the rule of law and arrogantly creating their own laws.”
When Liberty Counsel opposed giving out same-sex marriage licenses in April, 2015, in Alabama:
“Many Alabama probate judges are acting lawlessly. Alabama probate judges do not have discretion to issue marriage licenses to same-sex couples. Neither the Searcy nor the Strawser Injunction requires Alabama probate judges to issue marriage licenses to same-sex couples”.
“The only remedy to this lawlessness is mandamus relief, an order from the Alabama Supreme Court to command probate judges to perform their ministerial duty not to issue marriage licenses to same-sex couples”.
So, according to Liberty Counsel, on the one hand if you refuse to do your job to issue same sex marriage licenses in violation of the law and you oath, it is perfectly acceptable. You can deny that right and service.
But on the other, if you had done something like issuing same sex marriage licenses before it was the law, you could not because you were not following the law.
So when, according to the Liberty Counsel, are you as a public official supposed to do your duty and follow the law?