Rep. Cecil Bell, R-Magnolia, and author of numerous bills this past legislative session that would’ve barred Texas from recognizing marriage equality, issued a statement today, Friday, Sept. 4, condemning the arrest of Kim Davis, the Kentucky county clerk for refusing to issue marriage licenses.
Davis, a Democrat who refused to issue licenses on religious grounds and was arrested yesterday, was a victim of the Supreme Court’s Obergefell decision legalizing marriage equality nationwide, Bell said.
The text, found below, speaks for itself:
The lawless, unconstitutional edict of the US Supreme Court in Obergefell striking down state constitutional marriage amendments does not place the antithetical into law as the judiciary branch does not hold the authority to make law. SCOTUS, in striking down DOMA, ruled that the lawmaking authority regulating and defining marriage is held by the legislatures of the separate states.
Of the fifty states in our Union…
– eleven have laws enabling the licensing of same sex marriage
– in three of those states, the people voted to enable same sex licensing
– in eight of those states, that was done without a public vote, by legislative action.
Thirty nine states (78%) have no laws to grant officials the authority to issue marriage licenses to homosexuals and I will continue to stand for our sovereignty and against federal overreach.
Kim Davis and the other clerks who have stood for their religious freedoms and for state and citizen sovereignty are not guilty of violating any state or federal law. Again the Court’s ruling does not create law or an ability to force conformity to the will of the Court. We are not a krytocracy which is a people governed by Judges. The US Supreme Court’s wanton abandonment of law and constitutional authority in the reprehensible act of “striking down” state marriage amendments where law abiding citizens exercised the sovereign power of the ballot and of the separate states does establish a conundrum. Absent enabling legislation within a state, except as defined under current law, no marriage license, death certificate, birth certificate or other such document can be legally issued. No constitutional authority exists to force the Court’s vile and decrepit will on the people. Conversely, in cases like that of Ms. Davis, the absence of law leaves these overreaching federal judges clearly guilty of legislating from the bench.
The efforts to eliminate state sovereignty are far broader than the moral dilemma of homosexuality.
The quiet acceptance of unconstitutional atrocities across our state and across the separate states of our nation is abominable. I stand for Texas, for Texans and with the citizens of the separate states for the constitutional restoration of state sovereignty.
GOD BLESS TEXAS! GOD BLESS THE USA!
Cecil Bell, Jr.
Texas State Representative
Bell fueled rumors earlier this year he would mount a challenge to Speaker Joe Straus, a moderate Republican. But he instead rolled out PACT for Constitutional Restoration Of State Sovereignty to keep elected officials accountable to the Constitution.
No word yet if he thinks the 13 bills he passed this session also usurp the law.