FREEDOM’S GATE: Attorney Roger Gannam on God’s Law vs. Law

Attorney Roger Gannam represents Kentucky clerk Kim Davis and he joins Freedoms Gate to discuss the issue of defending religious rights.


WASHINGTON, Sept. 16, 2015 – On Monday Rowan County, Kentucky, clerk Kim Davis returned to work after having spent five days in jail in what former Arkansas governor and current presidential candidate Mike Huckabee is calling America’s criminalization of Christianity.

The high-profile case generated fierce opposition to Davis’ incarceration by U.S. District Judge David Bunning for her religious beliefs. One of the questions Christian supporters have asked is why Davis was seemingly targeted for denial of marriage licenses to same-sex couples, when at least three other Kentucky county clerks have also refused to issue marriage licenses, according to NBC News.

While Davis, who has become a national symbol and standard-bearer for Christian religious civil rights, was sitting in jail, the other clerks continued to deny marriage licenses to same-sex couples. In fact, NBC News reported that Whitley County clerk Kay Schwartz’s office was not granting marriage to gay or lesbian couples but only to heterosexual couples.

Was Davis targeted by same-sex marriage activists? Another Kentucky county clerk, Davis of Casey County, has not issued any marriage licenses at all and has suffered no legal repercussions for it.

Even though the Rowan County clerk vowed to deny marriage licenses to same-sex couples, CNN reported that Carmen and Shannon Wampler-Collins successfully received a modified marriage license on Monday.

Yet there is a question whether the work-around accommodation allowed by federal Judge Bunning, who jailed Davis, is legal under Kentucky law. The judge even expressed reservations about the certainty of its validity. The new marriage license that the same-sex couple received on Monday reads, “Pursuant to federal court order on it. Davis’ name and Rowan County is missing.

Another legal challenge which will certainly be litigated in Kentucky and other states that have passed a Religious Freedom Act is whether a person like Davis was illegally jailed in spite of the Kentucky law’s protection.

Kentucky’s Religious Freedom Act, passed in 2013, vetoed by the governor and overridden by the legislature provides:

To specify that government shall not burden a person’s or religious organization’s freedom of religion; protect the right to act or refuse to act on religious grounds; specify that government shall prove by clear and convincing evidence prove a compelling governmental interest in establishing a burden on the freedom of religion; specify what constitutes a burden.

Joining Standing at Freedom’s Gate host Kevin Fobbs is Liberty Counsel senior litigation attorney Roger Gannam, who is representing Kentucky Rowan County Clerk Kim Davis. Has Christian freedom become criminalized and is Davis protected by the Kentucky’s Religious Freedom Act? Or has it been forfeited by the U.S. Supreme Court? U.S. Constitutional religious freedom and protection at risk on the next Standing at Freedom’s Gate.

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Kevin Fobbs
Kevin Fobbs began writing professionally in 1975. He has been published in the "New York Times," and has written for the "Detroit News," "Michigan Chronicle," “GOPUSA,” "Soul Source" and "Writers Digest" magazines as well as the Ann Arbor and Cleveland "Examiner," "Free Patriot," "Conservatives4 Palin" and "Positively Republican." The former daily host of The Kevin Fobbs Show on conservative News Talk WDTK - 1400 AM in Detroit, he is also a published author. His Christian children’s book, “Is There a Lion in My Kitchen,” hit bookstores in 2014. He writes for Communities Digital News, and his weekly show "Standing at Freedom’s Gate" on Community Digital News Hour tackles the latest national and international issues of freedom, faith and protecting the homeland and heartland of America as well as solutions that are needed. Fobbs also writes for Clash Daily, Renew America and BuzzPo. He covers Second Amendment, Illegal Immigration, Pro-Life, patriotism, terrorism and other domestic and foreign affairs issues. As the former 12-year Community Concerns columnist with The Detroit News, he covered community, family relations, domestic abuse, education, business, government relations, and community and business dispute resolution. Fobbs obtained a political science and journalism degree from Eastern Michigan University in 1978 and attended Wayne State University Law School. He spearheaded and managed state and national campaigns as well as several of President George W. Bush's White House initiatives in areas including Education, Social Security, Welfare Reform, and Faith-Based Initiatives.