Should Kentucky clerk Kim Davis go to jail? Here’s what a political compromise would look like.

[mahatmakanejeeves]

Should Kentucky clerk Kim Davis go to jail? Here’s what a political compromise would look like.

Acts of Faith|opinion

By Charles C. Haynes September 3 at 2:36 PM

Rowan County Clerk Kim Davis, who refused to issue marriage licenses to same-sex couples, was taken into custody Thursday amid a larger dispute over same-sex marriage.
....

Some states, including lawmakers in Kentucky, are considering legislation like the law recently enacted in North Carolina that would permit judges and other public officials to opt out of being involved with same-sex marriage ceremonies – as long as that includes all marriages, as Davis has done. But this arrangement risks offending gay couples that may be denied service – or have difficulty finding service – on what is supposed to the happiest day of their lives.

Utah has a better idea. ... In March, the Utah legislature passed compromise legislation that went a long way toward both protecting religious liberty and prohibiting discrimination against LGBT people. One of the law’s key provisions ensures that county clerks’ offices issue marriage licenses. ... A clerk may opt out of being involved with a gay marriage if, and only if, other clerks are readily available to issue the license. A clerk who chooses to opt out may not officiate any marriages. ... Under this arrangement, gay couples are served (they will not know who, if anyone, in the clerk’s office has opted out) and religious claims of conscience are accommodated.

Replicating the Utah compromise in Kentucky would probably not satisfy Davis. ... Not only does Davis refuse to issue licenses to gay couples, she refuses to allow other clerks in her office to do so. If she continues to turn gay couples away, the only recourse is to remove her from office through impeachment. ... Protecting religious conscience is a key American principle – but it does not extend to denying gay couples in Rowan County the ability to exercise what the Supreme Court has recognized as a constitutional right.

[hollysmom]

1. My compromise, she should quit her fucking job is she can't do it and stop

collecting 80K a year for making people follow her religion - how saved is she is she takes a job she can't do and won't quit? No morales there as I can see - she is stealing from the people..

[Erich Bloodaxe BSN]

2. A political compromise?

Like banishing her from the Democratic Party and refusing to let her ever run for office as a Democrat again?

[stopbush]

3. Any political compromise that treats gays as second-class citizens while promoting Xians

to "super citizen" status stinks to high, er, heaven.

No more special privileges for the Xians, including their tax-exempt status. They need to learn to live like the rest of us.

[Travis_0004]

4. I say it comes with the job, so do it

I would let her resign and drop all charges and move on.

County Clerks job is to perform marriages, if you don't like it, find a new job.

I feel the same way about cashiers who don't want to sell beer or pork, or whatever. Don't like it, don't work there.

[Statistical]

5. Sorry no.

It is like saying a Muslim should have the religious freedom to not do any work at Smithfield meat packing plant but should still get to keep his job (you know the one in which he can't for religious reasons do anything) because he isn't able to touch pork.

People have a right to religious freedom then don't however have a right to collect a paycheck for not working because their religious freedoms prevent them from doing that job. Freedom isn't free. Sometimes there are consequences for your freedom.

[noamnety]

6. I don't understand how this even got published.

We would never consider allowing a government official to refuse to marry black people - as long as someone else in the office is willing to do it. Or a school teacher refusing to teach a special ed student - as long as someone else in the building is willing to have them in the classroom. Or a DMV person refusing to issue a driver's license to women because he doesn't personally believe women should drive, or vote.

Formally allowing government officials deny equal access to government services based on their belief that some people don't deserve that access isn't a compromise. It's government sponsored and approved bigotry.

[Betty Karlson]

7. I'm all for the Utah arrangement.

If anything, it would give objecting clerks a chance to have a change of heart while still in office. Catching up would remain possible under such a law.

[marginlized]

8. Why was she jailed at all?

Attorneys for the couples seeking licenses only asked that fines be charged. NOBODY was asking for jail time. So why does judge Bunning, a staunch conservative and G. W. Bush appointee, decide he has to jail her?

Don't misunderstand me, I'm sure Ms. Davis will not suffer unduly. I'm thinking more of how her symbolic incarceration will be used by national media.

[uriel1972]

9. If your religion prohibits you from doing a job

don't seek employment in that field or resign. Simple as that.
It's not like the draft and conscientious objectors.
Unfortunatey the powers that be are bending over for bigots and not the vulnerable, whose interests they should be looking after.