Paul Bass Photo
Amar in WNHH’s studio.
Will Kim Davis be stripped of her title for refusing to grant a marriage license to a gay couple in Morehead, Kentucky? What about Charlie Smoak, in Moore County, N.C.? And Nick Williams in Washington County, Alabama? Molly Criner in Irion County, Texas?
That was the question weighing on Sam Gejdenson’s mind this morning on WNHH Radio, when he had Yale Professor Akhil Amar, a renowned Constitution expert, on “The Sam Gejdenson Show.”
They spoke as Davis prepared for her day in court, where she is expected to argue (as the other judges mentioned above have) that religious objections exempt her from following this June’s Supreme Court decision legalizing national gay marriage.
Was what she did unconstitutional?
Yes, explained Amar. “There’s no First Amendment right for a government official to disobey the law … the judge will give her an order today to follow the law, and if she doesn’t, she will be held in contempt of the court.”
Continuing on constitutional law, the two also discussed the illegitimacy of Republican presidential candidate Jeb Bush’ comments on “anchor babies” — children granted birthright citizenship through the 14th Amendment — last week, using them as a launchpad into Amar’s book The Law of The Land: A Grand Tour of Our Constitutional Republic, which Amar described as a “constitutional road trip.”
“We don’t judge children by their parents. It’s a great American idea that we’re all born equal. Or rather, we’re created equal,” shared Amar, whose parents met as international graduate students in Ann Arbor, Michigan.
To listen to the full episode, click on the audio above or find it in iTunes , Soundcloud, or any podcast app under “WNHH Community Radio.”