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Wednesday, October 21, 2015 The Nugget Newspaper, Sisters, Oregon
Looking
Outward
Dan Glode
Columnist
Don’t break down
church-state wall
“Those who would rene-
gotiate the boundaries
between church and state
must therefore answer a dif-
ficult question: why would we
trade a system that has served
us so well for one that has
served others so poorly?”
— Former Supreme
Court Justice Sandra Day
O’Connor
Imagine for a moment you
go to Sisters City Hall seek-
ing a permit. Suppose, hypo-
thetically, someone wants
to build a small mosque in
Sisters. Further assume it
is to be located in a place
zoned for a house of wor-
ship and there are no legal
impediments or hurdles: fed-
eral, state or local. But, a city
official, elected or otherwise,
decides not to issue the nec-
essary permits stating reli-
gious grounds as the basis for
denial. They plead they are
following a higher authority
and denying such a permit
is motivated by their deeply
held beliefs.
What should happen to
this individual?
I can tell you my view:
they should either be fired or
recalled if they are an elected
official. This is not what is
happening to Kim Davis,
the county clerk in Rowan
County Kentucky. In fact she
is being celebrated and held
out as some kind of hero for
denying a court order requir-
ing her to issue a marriage
license to a same-sex couple.
We are treading on very dan-
gerous ground here.
The issue is not the appro-
priateness of same-sex mar-
riage (or building the hypo-
thetical mosque). The issue is
whether an elected official (or
appointed public official) can
selectively choose what laws
they will enforce and which
ones they will not enforce.
In short, the rule of law is
at stake here. The rich and
poor, pilots and presidents
have to accept the rule of law
and, in this country, when the
Supreme Court makes a deci-
sion it has to be followed.
Change the Constitution
if you must, but when the
Supreme Court strikes down
a law then it is no longer law.
We have checks and balances
that have to be preserved. For
sure some presidents, notably
FDR, did not like some of
the Supreme Court decisions.
Many presidents have chas-
tised them but all followed
and accepted their decisions.
The separation of church
and state has always been
tricky and mired in all kinds
of shades of gray. Tacking
through the myriad of legal
issues over the past two-
hundred-plus years has been
formidable. It has been a
fundamental premise of this
democracy and a doctrine
held dear since its inception.
Our Constitution is notably
short, one of the shortest in
the world and, although it
is a document which can be
changed, some things are
the bedrock of what we hold
dear. If you want to change
it then proceed to amend it.
There is Caesar and there is
God, remember?
What I find particularly
scary is that some of the
Republican candidates are
lining up behind Kim Davis
and they are being very vocal
about it. Some candidates for
president are basically say-
ing it is OK to ignore the law.
Wow!
Mike Huckabee walked
out of the courtroom with
Davis. Rand Paul gave his
support to her decision and,
most scary of all, is Ted
Cruz’s support of Davis. In
his career, he has argued nine
cases before the Supreme
Court and he even clerked
for former Chief Justice
William Rehnquist. He was
an adjunct professor at the
University of Texas School
of law teaching constitutional
issues. He should know bet-
ter. I guess it speaks to how
far some will go to pander
to the fringe elements of the
Republican Party. This is
unconscionable.
If you support Kim Davis
then don’t run for the presi-
dency. You will take this
country down a slippery
slope from which there is
no return. As Sandra Day
O’Connor said, let’s not trade
what we have for something
much, much worse.
A season of Outlaw pride...
photo provided
The Outlaws 6th-grade football team ended their season with passion, commitment, and sportsmanship.
Front row left to right: Connor Bell; Jaxon Berry; Austin Ekern; Matt Falconer; Jack Weston; Jaden Wiles;
Reece Larrabee; Wyatt Maffey; Quinn Dinning; and Griffin Garner. Back row, left to right: Coach Randy
Gardner; Nate Orozco; Mathew Retherford; Ryker Staudenmaier; Coach Baxter Ekern; Riley Sellers; Ethan
Hicks; Luke Ryan; Coach Jeff Staudenmaier.
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