September 26, 2015
Hon. Greg Stumbo
P.O. Box 1473
108 Kassidy Drive
Prestonburg, KY 41653
Dear Mr. Speaker:
My name is Thomas E. Brennan. I am a former Chief Justice of Michigan and Founder of the largest accredited college of law in the United States.
I write to alert you and your colleagues to the fact that you are confronted with a unique and historic opportunity to assert and defend the Constitutional right of the people of the Commonwealth of Kentucky to enjoy a republican form of government and to exercise the domestic sovereignty guaranteed by the Tenth Amendment to the Constitution of the United States.
The Rowan County Clerk has lately resisted the order of the United States Court for the Eastern District of Kentucky to issue marriage licenses to persons of the same sex in violation of Kentucky Revised Statutes Section 402.005.
She has done so on the mistaken claim that her personal religious beliefs transcend her sworn duty to obey the law. She has sought an amendment to the law exempting her from its rule as an accommodation to her religion.
Such an accommodation would be a departure from established precedent. There is a better way for her and Kentucky to protest the Supreme Court’s usurpation of the rule of law.
You and your colleagues can initiate a peaceful, non-violent form of civil disobedience which will reestablish the primacy of the written words of the United States Constitution.
I urge you to consider adopting an amendment to Section 402.005 of the Statutes which would require County Clerks, whenever they are under court order to issue a marriage license in violation of Section 402.005, to print on the face of the certificate of license, in bold 16 point type, a statement that the license is issued in violation of Section 402.005, upon the order of a court identified therein. Thus:
THIS LICENSE IS ISSUED IN VIOLATION OF KENTUCKY REVISED STATUTES SECTION 402.005 UPON THE ORDER OF THE UNITED STATES COURT FOR THE EASTERN DISTRICT OF KENTUCKY.
You and your colleagues are oath bound to support the Constitution of the United States. You are not oath bound to obey the dictum of the United States Supreme Court when they assume the power to amend the Constitution by imagining new interpretations never intended or considered by those who ratified the Constitution or its Amendments.
By adopting this amendment, you will resolve the current misplaced confrontation between the Clerk’s religious beliefs and the her sworn duty, and you will make, on behalf of the citizens of the Commonwealth, and indeed of the nation, a statement that we are a free people not beholden to a judicial oligarchy.
Thomas E. Brennan
Copies sent to:
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