I’m going to get a little political here, so bear with me.
Kim Davis belongs in jail. She should stay there until one of two things happens, she agrees to issue marriage licenses to gay couples, or she resigns. I really don’t care which one happens.
I don’t care that Ms. Davis is claiming that issuing gay marriage licenses violates her religious beliefs, not one iota. If she were a private citizen, engaged in private business, I believe that she has the right to decide who she wants to deal with and who she wants her customers to be. That is her business, literally.
But she is a government official, her duty is to uphold the law, and government officials cannot willfully violate the law. Let me say that one more time so that it sinks in. GOVERNMENT OFFICIALS CANNOT WILLFULLY AND CONSCIOUSLY VIOLATE THE LAW JUST BECAUSE THEY DON’T AGREE WITH IT. If she doesn’t agree with the law, and can’t in good conciseness abide by it, she has recourse, to quit, to resign, to stop being a government official. To allow a government official to violate the law because they don’t like it, is to end the rule of law and begin the rule of man. That is now how our system is set up.
You can say whatever you want: “the SCOTUS decision was judicial activism” or “where is gay marriage in the Constitution?” The answer is: that is totally irrelevant. SCOTUS decisions are final. They have been sine 1803 with Marbury vs. Madison. If you don’t like them, petition Congress to make new law. Wait until there is a change in justices and go back to court. But don’t think that you can disobey a law you disagree with, especially if you have sworn an oath to uphold the law as part of your job.
This is something, that watching the news, conservatives and most of the GOP candidates running for President just don’t get. YOU CAN’T BREAK THE LAW JUST BECAUSE YOU DON’T LIKE IT. Especially since the same conservatives defending Davis have been accusing Obama of doing the exact same thing for the last 6 years.
But if you think I’m picking on Davis, I’m not. It’s just that her (conservative) defenders have missed the big picture. If Davis can not hand out marriage licenses she disagrees with because she thinks the SCOTUS decision was out of control judicial activism than guess what? There is a whole mess of antis who think that Heller, McDonald, and Moore v. Madigan (appeals) were judicial activism too, and that an out of control SCOTUS made up individual gun rights out of whole cloth. They are totally happy denying CCW permits every chance they have.
If you defend Davis, you have to defend them too. I don’t. I want Davis to go back to jail, and I want every California county Sheriff, every clerk in Maryland, the Chief of Police in DC, and every other government official who operates in a “shall issue state on paper but no issue in effect” state to be her cell mates.
You can either have the rule of law or the rule of man. Rules that apply equally to all or rule by arbitrary and capricious officials. You can’t cherry pick and want the rule of law when you agree with it and not when you don’t, there is room for only one standard here. I vote for the rule of law.