In Tennessee one lawmaker is urging the county clerks in his state to DISOBEY the Supreme Court ruling that would force them to issue marriage licenses to gay couples.
The legislator’s name is Rick Womick (R-Rockvale), and he says that most of those clerks would prefer to ignore the ruling, but the Governor and the state’s Attorney General are forcing them to issue licenses.
Here is part of Rep. Womick’s letter to the state’s county clerks:
I write to you today regarding the recent Supreme Court of the United States (SCOTUS) opinion on the definition of marriage. It has come to my attention that most, if not all of you, have been contacted by AG Herbert Slatery and the Haslam Administration, and have been told to uphold the SCOTUS opinion or face a discrimination lawsuit. Such intimidation from this administration is unconstitutional and should not be tolerated. Each of you are publicly elected servants of your county, held accountable only to the people that elect you. You swore an oath of office to uphold the Tennessee State Constitution and to enforce the Tennessee Code Annotated. You did not take an oath to uphold an “opinion” from five justices of the SCOTUS. Therefore, I am asking that each of you ignore the recent SCOTUS opinion redefining marriage, uphold our State Constitution, and issue marriage certificates to one man and one woman only.
Please allow me just a few moments of your time to explain the power you possess as County Clerks in the Great State of Tennessee. First, the power of your office as it relates to the issuing of marriage certificates comes from the Tennessee State Constitution, not the Governor or his AG. As it pertains to marriage, our Constitution states, “The historical institution and legal contract solemnizing the relationship of one man and one woman shall be the only legally recognized marital contract in this state. Any policy or law or judicial interpretation, purporting to define marriage as anything other than the historical institution and legal contract between one man and one woman is contrary to the public policy of this state and shall be void and unenforceable in Tennessee. If another state or foreign jurisdiction issues a license for persons to marry and if such marriage is prohibited by this state by the provisions of this section, than the marriage shall be void and unenforceable in this state.”
Additionally, the four dissenting justices of the Supreme Court have empowered each of you, making it absolutely clear the unconstitutional actions of the SCOTUS. They have stated that not only did the SCOTUS not have the authority to even hear the Obergefell v. Hodges case, but the court did not possess the power to issue an opinion as to the constitutionality of the law. Since the U.S. Constitution does not reference or provide guidance on the definition of marriage, then the 9th and 10th Amendments are to be followed. That is, any right not listed in the U.S. Constitution is to be decided and legislated by the states and the people thereof. The SCOTUS has no authority to adjudicate on law or issues not contained in the U.S. Constitution. Furthermore, the SCOTUS is not a “coequal” branch of government. Any opinion they issue does not become the “law of the land.” Only the Congress or state legislatures can create the “law of the land!” The SCOTUS justices are appointed by the President of the U.S. and confirmed by the Senate, and likewise they can be impeached and removed from the office by Congress.
He concluded with this:
In closing, I would like to emphasize that Governor Haslam is the chief executive of this state. He has absolute authority and power, under the State Constitution and U.S. Constitution, to ignore this “opinion” from the SCOTUS. However, he has decided to shirk his duty to the citizens of Tennessee and has failed to uphold his oath to our State Constitution. He refuses to be a leader and defender of our state, and call a special session of the Tennessee General Assembly, in order to come to a consensus on how to proceed in upholding our State Constitution. Ladies and gentlemen, as a sovereign state and as a republic, we are at a crossroad, and our choice of direction is crystal clear. We can give into the unconstitutional edict of five rogue justices who have ordained themselves as gods and who have ignored the literal wording of the U.S. Constitution. We can allow these five justices to decree upon 310 million Americans, all matters of public policy, all values they consider discriminatory and all morals they deem as relevant. Or we can endeavor to ignore this SCOTUS opinion and uphold the 9th and 10th Amendments to the Constitution. We can strive to uphold our State Constitution, our state sovereignty, and our state’s definition of marriage, even without the support of our Governor or Attorney General. However, should we fail in this effort as publically elected officials in Tennessee, and allow the SCOTUS opinion to be enforced, than we will cease to be a constitutional republic! We will have fulfilled the words of Thomas Jefferson, as it relates to the Supreme Court, in his letter to William Jarvis on September 28, 1820; a decision “which would place us under the despotism of an oligarchy.” An authoritarian oligarchy of five self serving individuals in black robes, imposing their will upon all citizens of the United States. I have made my choice; I will stand for our Republic and I will rebel and fight against all who support this oligarchy of judicial tyranny! I hope you will do the same in each of your counties.
What do you think? Do you agree with Rep. Womick – should the county clerks in Tennessee (and across the country) ignore the Supreme Court’s ruling?