Diary

Kim Davis, Gay Marriage, and the Rule of Law

Kim Davis is in jail because County Clerks do not get to overturn a ruling of the Supreme Court and do as they please. That is just a fact.

Whether you agree with a particular ruling of the court or not, there are proper ways to fight to change a law you don’t believe in. What Ms. Davis is doing is not one of them. The proper thing for her to do is resign and campaign for what she believes in.

If Ms. Davis would prevail in her method of achieving her goals, chaos would reign. Muslim government employees could refuse to issue driver’s licenses to women or liquor licenses to everyone that applies. Jewish and Muslim government employees could refuse to issue licenses to restaurants that serve pork. Hindu clerks could refuse to issue licenses to restaurants that serve beef. All because of their religious beliefs. The precedent would be set.

When a marriage license is issued, all it is doing is certifying that the parties have met the GOVERNMENT’S requirements to marry, not any religious denomination’s requirements. Also, technically, Ms. Davis has never issued a marriage license. It is the state that issues the license. Ms. Davis and and all other clerks are just agents of the state.

Even if a gay couple receives a marriage license FROM THE STATE, and has a ceremony, in the eyes of religious denominations that that don’t recognize gay marriage, they are still not married. If the government were trying to force a religious denomination to perform a marriage that was against their doctrine, and Ms. Davis was opposing it, I would agree with her. But that is not what is happening here.

Ms. Davis has the right to practice her religion; she does not have a right to be the Clerk of Rowan County, to define the duties of her position, to make her religion the state religion of the county, or to overturn a ruling of the Supreme Court. Ms. Davis should resign.

Conservatives support the Rule of Law. Mark Levin says the Obama Administration is lawless. But so is Ms. Davis and the mayors and city counsel members of sanctuary cities.