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“The Obvious Remedy”: Why Kentucky’s Kim Davis Won’t Find A Different Job

One of the oddities of the Kim Davis story in Kentucky is the obvious remedy. The Kentucky clerk has a job in which she’s supposed to issue marriage licenses, but Davis doesn’t want to issue licenses to couples she deems morally inadequate. So why doesn’t Davis find some other job in which her responsibilities won’t conflict with her religious views?

Indeed, given her public notoriety, if she asked far-right leaders for a paid position somewhere, Davis probably wouldn’t have much trouble landing another gig – one which her conscience would be comfortable with.

Last night, the clerk explained her perspective.

Kentucky clerk Kim Davis on Wednesday night explained to Fox News’ Megyn Kelly why she has still refused to resign despite numerous failed attempts to receive an accommodation for her religious beliefs.

 “If I resign I lose my voice,” Davis said. “Why should I have to quit a job that I love, that I’m good at?”

I imagine that was a rhetorical question, but the answer isn’t exactly complicated. If you have a job that requires you to do things you consider morally objectionable, you have a choice: meet your professional obligations anyway or find a different job. Davis’ argument is that she should continue to be paid to perform duties she refuses to do – to the point that she’s comfortable defying court rulings, her oath of office, and court orders.

As for Davis’ belief that she’ll lose her “voice” if she gets a different job, I have no idea what that means. She can continue to speak her mind on whatever topics she chooses, whether she’s a county clerk or something else entirely. Davis need not receive taxpayer money in order to have a “voice.”

Meanwhile, in the courts, the Kentucky clerk continues to strike out. The Lexington Herald-Leader reported this morning:

U.S. District Judge David Bunning refused to grant Davis an emergency stay that she requested for the preliminary injunction he issued last month, ordering her to resume issuing marriage licenses. […]

At a hearing Sept. 3 in Ashland, where Bunning sent Davis to jail for five days for contempt of court, the judge expanded his mandate to include all eligible couples in Rowan County, rather than just the couples who sued Davis…. In a five-page order Wednesday, Bunning denied the stay motion that Davis subsequently filed with him. The judge said he had no intention of letting Davis grant marriage licenses to eligible couples who are plaintiffs in the case while denying licenses to others.

Note, the ACLU filed a motion with Judge Bunning this week, accusing Davis of defying a court order from two weeks ago. He did not address that motion yesterday.

As for last night’s interview, Fox’s Megyn Kelly asked Davis, “You’re prepared to go back to jail if that’s what it takes?” The clerk replied, “Whatever the cost.”

 

By: Steve Benen, The Maddow Blog, September 24, 2015

September 24, 2015 Posted by | Elected Officials, Kim Davis, Marriage Equality | , , , , , , | 1 Comment

“Liberty Does Not Mean Taking Away Others’ Rights”: Kim Davis’ Beliefs Have Not Been Criminalized; Her Actions Have

Just after Kentucky county clerk Kim Davis was released from jail, she appeared at a raucous rally to thank a throng of cheering supporters.

Her stance on same-sex marriage has attracted the high-profile attention of other ultraconservative political figures, including GOP presidential candidates Ted Cruz, who attended the rally, and Mike Huckabee, who organized it.

They seem to believe that Davis has a constitutional right to discriminate against other citizens and to violate the laws of the land. Defending her on CNN, Huckabee said, “We have the first example of the criminalization of a Christian for believing the traditional definition of marriage. It is very, very shocking, to say the least.”

Though he mentioned such luminary historical figures as Jefferson and Lincoln, Huckabee has completely misunderstood the First Amendment and its protections. Davis’ beliefs have not been criminalized; her actions have been. She has every constitutional right to oppose same-sex marriage, to attend a church that denies those marriages, to organize opposition to marriage equality.

But she has no constitutional right to hold the office of Rowan County Clerk and deny marriage licenses to same-sex couples. Succeeding her mother, who held the office for 37 years, Davis was elected just last year. Still, she has a very easy solution at hand: If her religious views are so rigid, she can resign her office. (A handful of clerks have done that rather than give licenses to same-sex couples.) As a private citizen, she may freely practice her brand of Biblical fundamentalism.

It’s important to get that distinction right.

After the U.S. Supreme Court ruled in June that the government cannot deny marriage to homosexual couples, county clerks around the country were ordered to issue licenses to all couples who wanted the legal bonds of matrimony. A few refused initially, but most came to their senses.

Davis, however, chose to defy the specific order of U.S. District Court Judge David Bunning, and she was jailed for six days for contempt. She was released only after deputies in her office started to issue marriage licenses to “all legally eligible couples,” as the judge put it. He further ordered Davis not to interfere.

If she wants to continue as clerk, she should recognize the generous compromise that she’s been offered. She can continue her bluster and Biblical traditionalism on the speaking circuit if she chooses. But, as Rowan County Clerk, she represents the government. And the government may not discriminate. The First Amendment was adopted by the Founders to ensure that the government did not legitimize any particular set of religious beliefs over another.

Think of it this way: While marriage is often a religious ceremony, it is also a civil rite. Couples get married in city halls and before justices of the peace every day. Those ceremonies may not be offered to one group of citizens — heterosexuals — and withheld from another — homosexuals.

Churches, meanwhile, are free to follow their own theological traditions, which in this country are many and varied. There are churches that endorse, bless and perform same-sex marriages, while others are abhorred by the idea. That’s one example of the nation’s vibrant religious pluralism.

After the high court’s marriage ruling, conservative preachers around the country panicked, insisting that their beliefs were under attack, that they were being persecuted, that they would be ordered to perform marriage rites for homosexuals. Not gonna happen. For centuries, clerics have chosen to perform those ceremonies — baptisms, weddings, funerals — they believed appropriate. No law has ever challenged their decisions.

But the United States is a secular democracy, not a theocracy. We are committed to protecting religious liberty, but the nation cannot allow any group’s religious ideology to strip away another group’s human rights. Sometimes, those conflicting ideals require a delicate balance, as when Catholic hospitals are allowed to refuse to perform abortions — even when doing so jeopardizes a woman’s health.

But Davis’ intransigence requires no Solomonic decision making. She has no right to be Rowan County Clerk. If she won’t do the job, she needs to step aside.

 

By: Cynthia Tucker Haynes, Pulitzer Prize for Commentary in 2007; The National Memo, September 12, 2015

September 14, 2015 Posted by | Discrimination, Kim Davis, Religious Beliefs | , , , , , , , | Leave a comment

“Laws For Thee, But Not For Me”: Kentucky’s Kim Davis Jailed, Held In Contempt

Federal judges really don’t like it when people ignore court orders and claim the law doesn’t apply to them.

A federal judge has ordered a Kentucky clerk to jail after she refused to issue marriage licenses to same-sex couples.

Kim Davis, a clerk in Rowan County, was found in contempt of court on Thursday morning…. Davis, in tears, said on the stand that she could not comply with the judge’s order. U.S. Marshals later took her into custody.

As she was being led out of the courtroom, the clerk said, “Thank you, judge.”

Davis, if you’re just joining us, is paid by taxpayers to issue marriage licenses, but she refuses to provide licenses to couples she finds morally objectionable, citing “God’s authority.” Davis and her lawyers have filed several appeals, all of which lost.

She could, of course, find some other job – one that doesn’t pit her professional responsibilities against her spiritual beliefs – but she refuses to do so. As we talked about yesterday, Davis feels entitled to keep her job and refuse to do her job at the same time.

U.S. District Judge David Bunning, appointed to the bench by George W. Bush, apparently didn’t find this persuasive.

Just so news consumers are clear, if you hear that Davis was jailed for her opposition to marriage equality, this is incorrect. She was taken into custody because she deliberately, brazenly ignored a court order. Davis was bound, not only to perform her official duties, but also to follow the law. She refused and is now in contempt of court.

Marriage-equality proponents did not ask the judge in the case to take her into custody, but by some measures, Judge Bunning didn’t have much of a choice.

 

By: Steve Benen, The Maddow Blog, September 3, 2015

September 4, 2015 Posted by | Kim Davis, Law and Order, Marriage Equality | , , , , , | 3 Comments

   

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