[ot-caption title=”Rowan County clerk Kim Davis is shown in this booking photo provided by the Carter County Detention Center in Grayson, Kentucky September 3, 2015. Davis was jailed on Thursday for refusing to issue marriage licenses to gay couples, and a full day of court hearings failed to put an end to her two-month-old legal fight over a U.S. Supreme Court ruling upholding same-sex marriage. Via, Carter County Detention Center/Handout via Reuters”]
“I, Kim Davis, do swear that I will well and truly discharge the duties of the office of Rowan County Circuit Court clerk, according to the best of my skill and judgment, making the due entries and records of all orders, judgments, decrees, opinions and proceedings of the court, and carefully filing and preserving in my office all books and papers which come to my possession by virtue of my office; and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God.”
Kim Davis took this oath before becoming County Circuit Court Clerk of Rowan County, Kentucky. In June, the United States Supreme Court ruled same-sex marriage legal across the country. One of Davis’s duties is to issue marriage licenses. Upon the controversial decision, Davis, citing her religious belief in a “traditional” marriage, stopped giving marriage licenses to all same-sex couples under her jurisdiction. She was held in contempt of court and stayed behind bars for five nights.
Despite her violation of the law, many people praised Davis including Christian religious groups, right-wing organizations, and individuals across the country. Supporters see her as an example of standing up for the free expression of her religious beliefs. At a rally outside of the jail in Grayson, Kentucky, a flier reads, “The wicked are trying to make an example of her but God can turn it around. Pray that America repents of the sin of celebrating sexual perversion and imprisoning Christian dissidents.”
What everyone needs to remember is that Kim Davis is a government official who is violating the law. She, like any American, is entitled to her personal religious beliefs. However, after taking an oath to be an employee for the United States Government, she has an obligation to fulfill her responsibilities under the law. The Supreme Court’s decision is binding and thus effectively becomes part of the United States Constitution. She misunderstands the separation of church and state, a fundamental principle in the American democratic system. As a government official, her religious beliefs must stay out of her work, especially if they threaten her effectiveness or compliance with the law. It’s that simple. Believe whatever you want on a personal level, but make your actions on behalf of the government reflective of the government’s laws.
Davis threatens the rule of law and authority of the United States Government. Exempting Davis from the law would set a dangerous precedent: that the law can be violated or ignored by anyone at any time because of personal beliefs. Davis took the job as clerk, understanding her obligation to uphold the law. If law (the Supreme Court decision on same-sex marriage) prevents her from fulfilling her religious duties, there is a simple solution: quit. Simply walk away instead of causing a threat to the rule of law.
Just as alarming is the fact that two Republican Presidential Candidates, former Governor of Arkansas Mike Huckabee and Texas Senator Ted Cruz, took trips to Kentucky to support Davis. In fact, many of the GOP’s presidential candidates have publicly expressed support for Davis’s lawless actions. Once again, it is fine that these candidates oppose same-sex marriage. But, the fact that people running for the highest office in the land support this lawbreaker is frightening. The President is responsible for running the Executive Branch and for making sure that laws are faithfully executed. Essentially, these candidates advocate a threat to the rule of law. Huckabee and Cruz hoped to take advantage of the situation by getting a photo with Davis in order to earn political points with Republicans. Somewhat surprisingly, on September 9th, Davis was released and greeted by Huckabee and Cruz outside the jail. Mike Huckabee made it look like he was the hero, standing beside Davis on a platform speaking to the large crowd (and even larger crowd because of the cameras). Huckabee declared into the microphone, “She’s shown more courage than most any politician I know and most every pastor I know. Because she’s not only said something, she’s been willing to put her life at risk in order to follow the Christ that came into her life four years ago.” He later even added that he would take her place in jail to stand up for his beliefs.
Aside from the threat to the rule of law, Huckabee’s words show the state of much of the Republican Party on the issue of same-sex marriage. Many Republicans seem willing to ignore the Supreme Court and have continued a stance based on ignorance. Republican Presidential candidates should look to John Kasich for some advice. He is personally and politically opposed to same-sex marriage but is respectful, humane, and realistic. During the first GOP Presidential Debate, he stated, “Well, look, I’m an old-fashioned person here, and I happen to believe in traditional marriage. But I’ve also said the court has ruled … and I said we’ll accept it. And guess what, I just went to the wedding of a friend of mine who happens to be gay. Because somebody doesn’t think the way I do doesn’t mean that I can’t care about them or I can’t love them. So, if one of my daughters happened to be that, of course I would love them, and I would accept them, because you know what, that’s what we’re taught when we have strong faith. Issues like that are planted to divide us. … We need to give everybody a chance, treat everybody with respect, and let them share in this great American dream that we have, Megyn, I’m going to love my daughters, I’m going to love them no matter what they do, because you know what? God gives me unconditional love, I’m going to give it to my family and my friends and the people around me.”
So, what happens now? Kim Davis has been released from jail but given a warning that she must resume issuing marriage licenses to all couples that qualify. If she fails to do so, she should be criminally punished or at least removed from her job. People are entitled to disagree with the Supreme Court’s decision on same-sex marriage. However, making Kim Davis, a government official who violated her duties and threatened the rule of law, the symbol of that disagreement is certainly a bad idea for this country.