By now you’ve probably all read the story of Kim Davis:
A federal judge ordered Kim Davis ”” the defiant Kentucky county clerk who has cited her Christian faith in refusing to issue marriage licenses to gay couples ”” to jail Thursday afternoon for refusing to carry out the duties of her position.
Davis has become a symbol of religiously motivated disobedience after the landmark Supreme Court decision legalizing gay marriage in June ”” she’s said she is acting under “God’s authority” when she repeatedly turns gay couples away.
But you may not be aware of the reasonable accommodations that other jurisdictions have made for officials with a similar dilemma:
In Utah, North Carolina, Texas and other states, local governments are shifting responsibilities so that employees who object to gay marriage do not have to be involved with wedding licenses at all. In this scenario, the objectors’ co-workers or other government officials rotate to handle the task, allowing clerks who object to fade into the background and not participate.
Here’s what’s called “the Utah compromise”:
…which carves out personal exemptions for government officials while extending housing and hiring protections to LGBT people. In Utah, county clerk employees who don’t want to marry gay people can privately notify the government of that and then appoint someone else in the community to handle all marriage licenses.
“There are good reasons to try to allow people who have been in these jobs for a long time to be able to keep their jobs,” Wilson says. “That’s a really noble thing to do in our culture, especially at a time of deep division.”
Kim Davis says she will not resign, because then she “would have no voice for God’s word.” Apparently she has weighed the possibilities, and has decided to take a public stand rather than go quietly.
I’m not sure why her office doesn’t do some version of the Utah approach, but I read (can’t find the link now, unfortunately) that in that jurisdiction she is required to sign off on other clerks, or be some part of the process in some way, and she refuses to do that. She is an elected official and can’t be fired. She can only be impeached, but that would take time and the cooperation of the legislature. Thus, the stalemate.
Why on earth send her to jail? Apparently the judge was well aware that any fine would probably be paid by donations, and would not constitute enough of a deterrent. So Davis becomes a martyr for the cause of traditional Christian belief and freedom of religion, although I think there would have been better ways to handle it on all sides.
This is clearly a bona fide religious objection of Davis. She is merely espousing a point of view that was standard until a very short time ago, leading up to the SCOTUS decision in Obergefell which was rendered only in June 0f 2015 and was a close one at 5-4. Anyone who doesn’t acknowledge that Davis’ protest is motivated by sincere and traditional religious beliefs that have been unquestioned for millennia is either lying or fooling him/herself. But the same sex movement seems determined not only to get their marriage rights, but to compel participation and relabel any reluctance to comply as bigotry, and to do that they must stomp on religious freedom. This is part of the war that the left has been waging on religion for a long, long time.
You see a lot of it in posts and comments section on many blogs on the left; just go to any of them and it’s easy to find a combination of hatred and ridicule of Davis and celebration at her sentence. The fact that until just a couple of years ago, many leftists and liberals (among them Barack Obama and Hillary Clinton) stated their opposition to gay marriage—and in Obama’s case, in 2008 he cited his Christianity as a reason—is dropped down the rabbit hole of revisionist memory, in the general and accustomed leftist manner.
Back then, the same leftist/liberal anti-religious pro-same-sex-marriage advocates were not calling Obama a bigot and a hater. At least, if they were, I certainly haven’t read about it. But Kim Davis, who so far has not been reported to have breathed a word of actual bigotry towards gay people—is obviously a bigot to those same people. Her bigotry is so obvious that the author of a column such as this one merely has to assert it for it to be so, and to compare her to George Wallace:
…[T]his uncivil civil servant [Davis] isn’t a religious freedom fighter. She’s a homophobe, pure and simple.
And note how the author gets around the issue of the fact that Wallace never mentioned religion as a justification for his actions:
…[E]ven the shameless Wallace didn’t try to hide his bigotry behind the Bible.
So, Wallace was better than Davis, because he didn’t lie about religion in order to explain his bigotry.
To make my own opinion on all of this clear: I don’t agree with Kim Davis on gay marriage. I’m not a Christian of any sort, much less a fundamentalist one. As a public official, she needs to carry out her duties, which now (unexpectedly and as a result of a seismic change) include issuing gay marriage licenses, or she needs to resign or to face the consequences, which could include jail. I don’t think she should have been sent there; I would have much preferred that the state or the county or the municipality or the judge had figured out a creative solution to this one. But I applaud her willingness to be jailed in order to defend her principles and her religious beliefs. To me, this is clearly a principled stand and a form of civil disobedience in the classic Thoreauvian sense.
So the proper analogy is to Thoreau, not Wallace. But that’s not one you’ll be hearing from the left.
Sean Davis (no relation to Kim) makes an excellent point about the left’s hypocritical inconsistency in the Davis case:
Davis’s arrest was met with cheers by same-sex marriage advocates who for some reason did not demand imprisonment of officials who lawlessly issued gay marriage licenses in clear contravention of state and federal laws. Take, for example, Democrat Gavin Newsom, who is currently the California lieutenant governor. Back in 2004, when gay marriage was banned under California state law, Newsom openly defied the law and used his power as the mayor of San Francisco to force taxpayer-funded government clerks to issue gay marriage licenses…
Just like Kim Davis, who is an elected Democrat, Newsom justified his lawlessness by citing his own conscience and beliefs about right and wrong rather than deferring to the actual laws of his state.
If you look for evidence of gay rights advocates chastising Newsom for his blatant lawlessness, you won’t find it. Because it doesn’t exist. You similarly won’t find any evidence of these principled law enforcement purists chastising California state officials for refusing to enforce or defend the Prop 8 ballot initiative in California, which was passed overwhelmingly by California voters.
The piece goes on to list other examples. There are many, including this:
Perhaps natural marriage advocates should abandon their religious liberty arguments and instead declare whole cities to be marriage sanctuaries. That strategy has worked splendidly for open borders advocates.
Don’t sit on a hot stove until it happens. Consistency of argument and assumption of goodwill on the part of the Christians opposing gay marriage went out of the window a long time ago for a very vocal majority of same-sex marriage proponents online, and I assume they are relatively representative of the whole.
[NOTE: This essay sparked a memory for me. As a teenager, I was part of a class that was assigned Thoreau’s Civil Disobedience to read in my junior year of high school, along with Leviathan by Hobbes. Not bad for a public high school in New York, although it was in the honors classes rather than part of the regular curriculum. But still, I wonder whether this sort of thing happens much anymore. Anyone with teenagers have an answer to that question?]
