Casada-Jones “Special Prosecutor” Northcott Won’t Recognize Same-Sex Marriage, Defying Supreme Court
We previously revealed that Coffee County District Attorney Craig Northcott, special prosecutor on the Glen Casada-Justin Jones case, made deeply Islamophobic Facebook comments, and continues to hold those views.
The Holler has now unearthed video in which Northcott says that despite a 2015 Supreme Court ruling legalizing same-sex marriage, he refuses to recognize it as the law of the land, won’t prosecute same-sex domestic assaults as “domestic” cases, and even encourages county clerks not to process same-sex marriages – saying he would use his “prosecutorial discretion” to make sure they aren’t charged.
VIDEO:
One of the most explosive scandals in the scandal-tornado surrounding Tennessee Speaker of the House Glen Casada – who has said he will be resigning his speakership possibly as soon as next week – has been the possibility that his office falsified the date on an email to frame civil rights activist Justin Jones, to show that Jones violated a no-contact order and have him thrown in jail.
Nashville District Attorney Glenn Funk recused himself from that case, saying that because he was the recipient of the email in question he couldn’t be impartial.
The Casada-Jones case then went to the Tennessee Attorneys General Conference, which sent it to a “special prosecutor” – Coffee County District Attorney Craig Northcott.
Recently The Holler revealed deeply Islamophobic Facebook comments by Northcott in which he referred to the Islamic faith as “evil” and equated it with the KKK and the Aryan Nation, while also saying there are “no constitutional rights”, only rights bestowed upon us by the “One True God”.
Our report prompted formal complaints from Muslim rights groups CAIR and AMAC calling for Northcott’s resignation.
As it turns out, Muslims may not be the only community who have reason for concern with Northcott.
We’ve just discovered the above video from March of 2018, at the Chafer Theological Seminary Pastor’s Conference, in which Northcott gives an hour-long speech about “The Local Church’s Role in Government”.
After his speech, Northcott is asked what a Christian county clerk who is against gay marriage should do when a same-sex couple shows up for a marriage license.
The questioner asks:
“Let’s say the federal government does something ridiculous like legalize gay marriage, and you’re a Christian county clerk working in a marriage license office… (joking) this is all hypothetical… and you refuse to follow the federal law, and the matter gets Brought to the district attorney. Whoever that might be. How as Christians do you think we should deal with all those situations?”
Northcott begins his answer by questioning the authority of the Supreme Court:
“5 people in black dresses rule us.”
He says that with the Obergefell V. Hodges ruling, in which the Supreme Court ruled 5-4 that the right to marry is guaranteed to same-sex couples, and required all 50 states to perform and recognize the marriages on the same terms and conditions as the marriages of opposite-sex couples, the Supreme Court was “legislating policy”:
“If you ever read their opinion, they don’t base it on the constitution, they don’t base it upon law, they don’t base it on anything… They start in the very first paragraph by saying ‘we think it is a better policy for homosexual marriage to be legitimized, therefore we’re gonna rule this way.”
Actually, Obergefell V. Hodges was based on both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. In fact, the very first paragraph does talk about the constitution- in fact, the very first two words of Justice Kennedy’s opinion are “The Constitution”.
Northcott then goes on to address the *hypothetical* situation about the Christian clerk faced with a decision about whether or not to issue a same sex marriage license. He makes it clear he doesn’t recognize same-sex marriage as a prosecutor, and advises the clerk not to “succumb” either. :
“As to the clerk, it just boils down to are you gonna do what God says? Or are you gonna do what man says? And the clerk will probably lose their job either immediately or through election if they take a stand on God’s Truth. We are not saved from the consequences of standing on the truth… that would be my advice to the clerk: Don’t succumb.”
As to what a District Attorney like him would then do to the clerk, he points to “prosecutorial discretion” and the “unfettered” authority D.A.’s have as a way for him to avoid punishing Christian clerks:
“D.A.’s have what’s called prosecutorial discretion. Y’all need to know who your D.A. is – y’all give us a LOT of authority whether you know it or not… we can choose to prosecute anything, and we can choose not to prosecute anything, up to and including murder. It’s our choice, unfettered, so to deal with that you elect a good Christian man as D.A. and they’ll make sure that they at least don’t get prosecuted criminally.”
Northcott explains that the Supreme Court decision affected his profession in ways many people don’t realize, particularly concerning “domestic assault” charges, which carry heavier punishments than “simple assault” charges. Because treating assault charges between same-sex couples as “domestic assaults” would be to recognize same-sex marriage, Northcott says he does not, and accuses the Supreme Court of “social engineering”:
“So the social engineers on the Supreme Court decided that we now have homosexual marriage. I disagree with them. What do I do with domestic assaults?… The reason that there’s extra punishment on domestic assaults is to recognize and protect the sanctity of marriage. And I said there’s no marriage to protect. So I don’t prosecute them as domestics.”
He implies this isn’t the only way this view affects his work, saying “that is one of many decisions like that that you face (as a D.A.)”, and adds “you need someone who will do an evaluation on those terms in making those decisions” – which appears to mean voters should elect Christians who will similarly disobey Supreme Court rulings when they believe the rulings go against “God’s Truth”.
Northcott then finishes his answer by returning to the hypothetical clerk, saying not only would he not prosecute her, he’d embrace her:
“If your specific situation came to me I’d pat her on the back, give her a hug, and say ‘go at it.'”
The rest of Northcott’s speech about the role of the church in government makes it clear he doesn’t believe the “lie” about separation of church and state, and quite the contrary believes “government was created by God” and therefore church and state are inextricable:
He says only faithful Christians should hold public office as “ministers of God”, and that the role of the churches is to prepare those “faithful men” to hold those positions:
He also goes on to talk about the “Religious Test” which remains in the Tennessee constitution to this day, and in his eyes means that only Christians should serve in office in the state:
“The founders of the state of Tennessee recognized that only Christians could adequately understand and implement the purpose of all government offices. It’s still in our constitution.”
Article 9, section 2 of the Tennessee constitution does in fact say:
“No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state.”
But while “No person who denies the being of God” seems to rule out only atheists, Northcott insists the clause refers to “the God of the Gospel… the only One True God”… and hopes “one of those crazy groups that hates religion” doesn’t figure it out and sue to have the clause removed.
Northcott adds:
“If there are no faithful Christians, there’s no one out there to elect and to hold these offices.”
He also tacks on a few words for the media, who he says are in the “back pockets” of “unfaithful men”:
“When you get a faithful man into office and he takes principled stands, guess who’s gonna be upset? All those unfaithful men. Well guess who they’ve got in their back pocket? The media. All the most vocal enemies of Christ are in their back pocket. So what happens? The faithful man gets attacked from all sides. Everything is misconstrued, give you half the information… I don’t know if you realize this, but the media twists things and have an agenda they want to promote.”
He says if Christians step out of government, other “enemies” will fill in:
“Atheists, humanists, Muslims… If we step out, we turn it over to the Enemy.”
And adds at the end that churches should essentially tell their congregations who to vote for:
“Knowing who your political leaders are is a form of worship. If you are going to elect ministers of God, I think it’s up to the church to make sure those in their congregation are informed on that decision.”
The LGBT community doesn’t appear to be the only victims of Northcott’s “prosecutorial discretion”. In 2016 there was an incident in Coffee County in which police responded to a domestic dispute during which a woman named Cindy Lowe had been badly bruised and beaten, but Northcott appears to have used his “prosecutorial discretion” to drop the charges against Joseph Floied, seemingly because Floied is related to Adam Floied, assistant chief of the Manchester Police Department.
Here are some graphic pictures from the incident, posted by Lowe on Facebook:
And this is a Facebook post from Lowe after our previous article about Northcott’s Islamophobia:
It’s worth pointing out that in 2000, the Supreme Court of Tennessee had this to say about the role of “public prosecutors” and “prosecutorial discretion” in our judicial system, saying that it should be used “without discrimination or bias”:
Tenn. R. Sup.Ct. 8, EC 7-13.
In short, public prosecutors hold a unique office in our criminal justice system. Contrary to the State’s contention on appeal, prosecutors are expected to be impartial in the sense that they must seek the truth and not merely obtain convictions. They are also to be impartial in the sense that charging decisions should be based upon the evidence, without discrimination or bias for or against any groups or individuals. Yet, at the same time, they are expected to prosecute criminal offenses with zeal and vigor within the bounds of the law and professional conduct. See Berger, 295 U.S. at 88, 55 S.Ct. at 633.
As for the issue of same-sex marriage domestic violence, an American Bar report on the domestic violence “epidemic” in America tells us domestic violence is in fact a major issue in the LGBT community:
“Lesbian, gay, bisexual and/or transgender (LGBT) people experience domestic and intimate partner violence and sexual violence at rates similar to or higher than heterosexual and/or cisgender people… studies confirm that significant numbers of transgender people are subjected to intimate partner violence… Unfortunately, in a number of jurisdictions people who are abused by a partner of the same legal sex are unable to access vital legal protections.”
Northcott was recently selected by the Tennessee District Attorneys General Conference to be a member of the group’s legislative committee, which advises the Tennessee General Assembly regarding laws and issues concerning criminal justice and public safety. This is the second year Northcott has been asked to serve on the committee.
If you agree LGBT people should be afforded the same protections as everyone else in America, and that District Attorneys should not be disregarding Supreme Court rulings and taking the laws of the land entirely into their own hands while hiding behind “prosecutorial discretion”, Holler at District Attorney Northcutt HERE: 931-723-5057
And if you have concern about Northcott’s ability to handle his duties regarding the Jones-Casada case, or any other case, Holler at the Tennessee Attorneys General Conference to express them HERE: [email protected]
Lastly, and importantly, if you’re in Coffee County, and you believe Northcott may have mishandled your case, email us at [email protected] – we have some people you should talk to.
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