Mathew Staver, head of the conservative Christian-based Liberty Counsel law firm and the attorney for Rowan County Clerk Kim Davis, has lost numerous times in court in his defense of Davis' choice not to issue gay marriage licenses. Staver defended his Kentucky client, once again, on MSNBC on Sept. 2 (video below).
Staver claimed the U.S. Supreme Court had never "ruled on this issue with regards to religious freedom," even though the high court ruled that same-sex marriage was the law of the land in June, without naming any exceptions.
Staver believes Davis is protected by the "First Amendment of the United States, the Kentucky Constitution and also the Kentucky Restoration Act."
That argument has failed numerous times in court, most recently with the U.S. 6th Court of Appeals, which said Davis had little chance of winning her case when the court denied her a stay.
Staver insisted a gay couple could drive 30 minutes in any direction to get a marriage license, but MSNBC host Steve Kornacki countered that Davis is an elected official who is supposed to serve taxpayers, including same-sex couples.
Staver claimed that Davis doesn't lose her "constitutional protection" because she is a public official. Staver said that Davis wanted her name, as county clerk, removed from marriage licenses.
Kornacki asked Staver:
"If she says she has a moral and religious objection to same-sex marriage I think it raises the question, does she have a moral and religious objection to a divorced person getting re-married?
"Does she have a moral and religious objection to someone who’s engaged in premarital relations getting married? Where does this end?"
The Bible, which Davis claims to follow as a Christian, has strict permissible guidelines for divorce: abandonment and sexual sin, according to Christian theologian John MacArthur.
The Guardian reported on Sept. 2 that Davis was divorced three times before her religious conversion four years ago.
Staver wouldn't address that biblical contradiction by Davis, but instead said:
"Well, that has never been the issue. The issue was that from the time that she began, marriage has always been one thing, and it's been between a man and a woman. Two months ago that changed and so the job duties changed. The fact of the matter is that she has the right to have her faith accommodated, her convictions accommodated."
After Davis was elected to her county clerk position in November 2014, she told The Morehead News: “My words can never express the appreciation but I promise to each and every one that I will be the very best working clerk that I can be and will be a good steward of their tax dollars and follow the statutes of this office to the letter.”
Staver added on Sept. 2:
"(The gay couple) don’t have the right to have Kim Davis give (them) the wedding. The Supreme Court has never said that your right requires someone to actually participate in your particular conviction, or your belief, or your activity. They can get a license to get married anywhere if they wanted to."
Kornecki reminded Staver the gay couple could not get a license anywhere because they could not get a license in Rowan County because of Davis' convictions.
(Note: The interview with Staver begins at 1:30 mark on video below)