Wednesday, September 2, 2015

Kim Davis Has Few Options - None Good From Her Perspective

Kim Davis is the Rowan County, Kentucky county clerk who refuses to issue marriage licenses to same sex couples. She refuses on religious grounds to grant the licenses ordered by a federal judge. Her devoutness is not the issue. Sympathy and support for her position is irrelevant. She is defying a lawful court order. Like it or not, gay marriage is the law of the land enforceable by federal judges. She claims she is acting under God’s authority, but her authority comes from the state. She also has forgotten Jesus’ words: “Render therefore onto Caesar the things that are Caesar’s; and onto the Lord the things that are God’s.” Her choices are limited because she is in contempt of the court’s orders. Judges can act almost draconian in contempt of court cases. She is facing jail time and fines until she complies. She would have ample time to pray to God in jail. She would not receive a jury trial. Her fate is in Judge Bunning’s hands on Friday. The judge could also issue an order removing or suspending her from office, letting an interim clerk issue orders. Thus Option 1 is to continue to disobey the judge. Even Governor George Wallace knew he could stand in front of the school blocking integration, but that he would have to accede, which he wisely did. Option II is to obey the injunction, which she finds religiously impossible. Option III is to resign. That way she can uphold her religious views without defying the judge. A replacement county clerk would then issue the licenses while she is out of a job. Option IV would be to have someone else in the office sign the papers, but that doesn’t seem to be an option. Kim Davis is trying Option V to avoid discriminating by now refusing to issue any marriage licenses, gay or straight. Some states tried to avoid the dictates of Brown v. Board of Education by closing all public schools. The courts quickly disallowed that ploy. Kim Davis is running out of options.

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