Playing the devil’s advocate

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Rowan County, Kentucky clerk Kim Davis, has become the poster child for the growing cultural divide in this country. Sentenced to jail time for not issuing paperwork for same-sex marriage applications, Davis has been vilified by her opponents and championed by her supporters.

Earlier this summer, the US Supreme Court ruled 5-4 in the Obergefell v. Hodges case, that same-sex marriages must be allowed by all states. Chief Justice John Roberts dissented and predicted that conflicts in “religious liberty” would follow.

Much discussion goes on about the ability of the courts to “legislate from the bench,” creating laws. It may sound like parsing words, but interpreting a law can be a matter of changing it. The ruling in favor of same-sex marriages was in part based on an interpretation of the 14th Amendment. Those who like the outcome of a court decision don’t consider it legislation, those that disagree, tend to see it as law-making, a power the courts are not suppose to have.