Kim Davis

Kim Davis, the county clerk in Kentucky has been jailed on contempt of court charges for refusing to issue marriage licenses to gay couples. Her staff has been directed to issue the licenses in her absence. Ms. Davis has said she cannot issue the licenses because it would violate G-d’s law, but she does not work for G-d. She works for the people of Kentucky and is obliged to follow the laws of the state of Kentucky and the United States.

It is not a matter of religious freedom. Ms. Davis is free to follow such religious beliefs as she chooses in her own life. She does not work for a religious organization, and if she did, she would not be subject to the same rules. A minister of a church cannot be compelled to marry a couple if doing so would violate her or his religion. A public official is obliged to serve all the public, based on the law. Since the Supreme Court decision legalizing same sex marriage, it is now legal in all states of the United States.

Ms. Davis has appealed the rulings requiring her to issue marriage licenses to same sex couples, all the way to the Supreme Court, which refused to hear her appeal. That means that she could not find three of the nine justices who would support her plea for an appeal. On another case, Justice Scalia, one of the most conservative justices, made it clear that public officials are bound to follow the law – not their “conscience”.

We are in fact a nation of laws, and those laws are based in the constitution of the United States, not in the Bible. Certainly in her private life, Ms. Davis has the right to practice her religious beliefs, as she sees fit. In her role as a public official, she must check her personal beliefs at the door to the office. If she feels so strongly that issuing those licenses would violate her personal moral principles, then she is obliged to resign her position.

Unfortunately, as an elected official, she cannot be removed from office except through impeachment or recall, both of which are difficult and slow. Now because of her refusal, she has been jailed. I’m sorry it was necessary to jail her, but I suspect the judge was correct that fines would not have been sufficient to force her to correct her behavior. There are too many right wing “Christians” who would financially support her continued intransigence.

No doubt there will be those who claim it is part of a ‘war on religion’, yet no one is being forced to change or give up their religion. Ms. Davis is merely being told that as a public official she is obliged to follow the law, and the law allows marriage between members of the same sex. Again, where and how she worships, or even whether she worships, and how she conducts her private life are not at issue. The issue is her performance as a public official and her refusal to follow the law.

I suspect another reason the judge jailed her was that two other county clerks were making noises like they also would refuse to issue marriage licenses to same sex couples. Perhaps the threat of jail will be enough to soften their resolve and compel them to comply with the law. In the meantime, the “Christian” right wing has a “martyr” for their cause, whom I sure they will hail and praise at some length. She has done nothing praiseworthy – nothing whatsoever.