Grim at
this post and AOSHQ at
this post have begun to ask the right question.
To wit: Exactly WHAT law is to be followed? And why do politicians, the judges, and a lot of other people, including various churchmen, flee from the question as though it were made of Kryptonite?
Grim begins at the beginning, the Declaration, which clearly states that 'the laws of Nature's God' are the basis for the Revolution and the subsequent governing document(s) for the US. At this juncture, the Constitution is the document. If so (and that's become a very big "if"), then, properly, the law of the land must follow 'natural law.'
AOSHQ takes it from a different perspective, simply iterating a few of the cases in which the Left has blatantly and joyfully trampled "law" to achieve their ends. (Too bad that he didn't mention the "law" of abortion in the process, but...)
The refutation to Grim's argument will be this: "The Declaration is NOT the Constitution." That will be delivered in solemn condescending tones, as though instructing a third-grade child.
Cutting through all of that, and not being very nuanced, the Great Fear of the politicians in this mess is that they will actually address moral imperatives regarding sex. Why is it Fearsome to do so? Because the political class retains its position by giving something away to its voters. In some of the cases, they give away money. In others--such as the instant case--they 'give away' moral injunctions, or, as Grim would have it, the law of nature. In both, of course, hypocrisy plays a large part.
(It is interesting that neither of those--the money or the natural law--is 'owned' by the politicians and the judges in the first place, eh?)
How to foretell which "law" emerges victorious--at least temporarily? Based on the last 100 years of evidence, the battle will be won by those who cry, loudly, that 'the State is not a church,' and that 'we will not be ruled by a theocracy,' and they'll point to Islam or make up more Scary Stories about the Inquisition. Some may even point to Israel--but only the Lefties, of course. Similarly, the money will continue to flow to the "crony capitalists" or to the underclass (depending on who controls the spigot.)
In short: the Kim Davis case, for all its flaws, is a marker, but it is not a marker which those who love America want to have happened. It is, rather, a marker exactly like
Roe, and we should have the same feeling of sadness.
For even more,
see Hayward's essay. While he avoids the moral question which is at the center today, he does make another very good point:
The rule of law is a virtue defined by the consistency of its exercise.
I might write that differently; 'the validity of the 'rule of law' increases as the consistency of its exercise increases, and vice-versa.' And, like Grim and Thomas Aquinas, I would add that said rule is void when it clearly violates the laws of nature's God. But you get the idea.