Summary: A federal judge was right to hold in contempt and jail Kim Davis for refusing to issue marriage licenses to same sex couples due to religious beliefs. She has no legal justification to break the law. As an elected official, Davis can disagree with the laws, but she can't choose to disobey them. The only duty she is being asked to perform has nothing to do with religion. She is not being asked to personally condone or accept homosexuality. She is being asked to confirm whether the applicants meet the criteria for marriage, which under the state law and the U.S. Supreme Court's ruling in Obergefell v. Hodges in June, the applicants do meet. Despite her contempt of the law, Davis can't be fired because she is an elected official who has to be impeached by the state legislature and tried by the state senate. This can often take a long time, but Davis can be jailed, like any other criminal who breaks the law.
Analysis: There should be no question if it was right to jail Kim Davis. The article makes a great point on why it is right. Nobody is forcing her to accept gay marriage or denounce her faith by giving marriage licenses out. Like the article said, all that is being asked is to simply give a yes or no on whether they have the right to be married and now the law says they do. I think she doesn't understand what is exactly being asked of her, and if she is going to be in a position like this, she needs to.
Source: http://www.cnn.com/2015/09/03/opinions/coates-clerk-same-sex-marriage-contempt/
"Davis can't be fired because she is an elected official who has to be impeached by the state legislature and tried by the state senate." While I completely agree with gay marriage, This saddens me a bit. The fact that they cannot simply fire her and get a replacement is kinda sickening. Yes, I agree that they should give them marriage liscances, however if the employee disagrees with the policy, she should simply be fired and have someone who does agree replace her. It shouldn't have been this huge of a deal.
ReplyDeleteAndrew Keith Smith
This comment has been removed by the author.
ReplyDeleteI think she definitely deserves to serve jail time. As an elected government representative, she should've known that by not following US laws, there would be repercussions. It's no different than a judge refusing to jail someone because of the color of their skin or a congressman denying people's freedom of religion. -Emily Eppig 8th period
ReplyDeleteI think it is important to keep personal belief out of decisions for our country.
ReplyDelete