Monday on Fox News Channel’s “Happening Now,” host Gregg Jarrett interviewed trial attorney Chip Merlin and criminal defense attorney Sharon Liko and they both agreed the jailed Rowan Co., KY clerk Kim Davis has no legal right to refuse to issue same-sex marriage licenses and her attorney is “ridiculously stupid,’ for questioning whether the U.S. Supreme Court had the constitutional authority to decide if state bans on same-sex marriage are unconstitutional.
Host Jarrett said, “She can still practice her faith. Just not on the job in a way that interferes with the legal rights of the citizens she serves. And in fact, the U.S. Supreme Court said so nine years ago.”
Liko said, “She’s a hypocrite. She’s applying for the job of a martyr. She wants to practice her faith by not issuing marriage licenses. Yet, she will not agree to let the deputy county clerks issue marriage licenses even if it’s okay with their faith.”
Jarrett added, “When she took the job she swore to uphold the law. We rely on government officials to do that. They can’t just pick and choose what laws they like, which ones they don’t. If they were allowed to do that, wouldn’t that lead to chaos, anarchy and so forth?”
Chip Merlin said, “You can still believe that this is immoral but as an elected official you have an obligation to uphold other peoples constitutional rights. And the Supreme Court indicated people in this country have a right to get a marriage license if you are gay.”
After playing a clip of Davis’s attorney Mathew Staver saying it was “really questionable” if the Supreme Court had the “constitutional authority” to rule that state bans on same-sex marriage are unconstitutional, Jarret said, “Whether the Supreme Court has constitutional authority? Article III Section 2 of the Constitution gives the Supreme Court constitutional authority to decide constitutional issues. Was that a stunningly obtuse statement by her attorney?”
Liko replied, “That’s a very polite way of putting it. I would say it’s just a ridiculously stupid statement. The Supreme Court does just that, and they determine constitutionality issues, they resolve these kinds of disputes. This woman has a choice, she can either follow the law — she can do her job — or she can get out. She doesn’t have the right to get in there and enforce the laws she agrees with and oppose the laws she doesn’t. If that was the way our country worked we would be reduced to anarchy. ”
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