At the September 5, 2015 rally in support of Kentucky’s Rowan County Clerk Kim Davis, constitutional attorney Michael Peroutka publicly explained why Davis’s arrest and imprisonment are both unconstitutional.
Peroutka points to the very beginning of the Constitution– the basis for all lawmaking in the United States. Article 1, Section 1 mandates: “ALL legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” The Framers were quite clear: “ALL” equates to the legislative branch, which alone can make law.
Davis was arrested for breaking “the law.” Yet, none of the thousands of laws in the entire state of Kentucky require any public official, including Kim Davis, to accommodate same-sex marriage. In fact, Kentucky’s laws specify the opposite. Public officials are legally required not to accommodate and not to marry same-sex couples.