Obstinate at every turn, Kim Davis, the Rowan county clerk in Kentucky, has at long last been held in contempt of court and jailed after refusing to issue marriage licenses to gay couples in her county.
The federal judge, David Bunning, an appointment of George W. Bush and son of two term Republican Senator Jim Bunning, gave Davis every chance to stay out of jail to no avail. Ever the martyr, Davis refused to allow her deputy clerks to issue the licenses and thus was sent to jail till she either resigns or agrees to the job that she was elected to do.
According to USA Today, "her good-faith belief is simply not a viable defense," said Bunning, who said he also has deeply held religious beliefs. "Oaths mean things."
I'm not against religious liberty and hold no ill will toward religious people and institutions, in fact, religious liberty is and should be one of our most cherished liberties, but there is no doubt that however deeply she may hold these beliefs, a public official cannot discriminate against those they disagree with. Nor can they only uphold laws which with they do believe in.
This is very different from the cases of Christian bakers being forced to bake wedding cakes for gay couples or pastors being coerced into officiating gay weddings. In those cases I fully support the rights of religious people to not provide services they disagree with. But these are private citizens, business owners and religious institutions, not publicly elected officials sworn to uphold the constitution and the laws of the land.
On the other hand, I struggle with the idea that Kim Davis should be thrown in jail for this offense. As a strong critic of the current police state in which we live, it seems trivial to waste the resources of the criminal justice system with such an affair. Nevertheless, the judge made it clear that fining Davis couldn't put enough pressure on her to fulfill the responsibilities of her job, as she make a good salary and no doubt that supporters would pay them for her anyways.
And so here we are. The judge has already authorized the remaining deputy clerks to issue marriage licenses starting tomorrow as she reflects on the situation from her jail cell. What remains to be seen is whether Kim Davis will disappear from public view or become the new face the Christian right.
-Ray-
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