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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

“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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