One Earth

Friday, September 11, 2015

Kim Davis: Where Religious Freedom Ends




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On June 27, 2015, history was made in America when the Supreme Court ruled in favor of nation-wide marriage equality, meaning governments in all fifty states would be required to distribute marriage licenses to same-sex couples and legally recognize their unions on the same level they would the unions of opposite-sex couples.  From state to state, men and women rejoiced, for now they would finally be free to marry their partners and gain the same legal benefits other couples have been entitled to for a long time. 

         While millions of people of all sexual orientations celebrated this victory for the LGBT rights movement, there were others who were not as pleased with the Supreme Court’s ruling.  Organizations such as the National Organization for Marriage (NOM), Family Research Council, and American Family Association, which have been fighting against same-sex marriage for years, made sure we knew just how they felt about the new law.  We expect this of groups who are formed on the principles shared by the conservative Right, so hearing that they, their supporters, and others like them were upset was no surprise to anyone.

         No, what ended up taking the country by storm was a county clerk from Kentucky refusing to issue marriage licenses to same-sex couples, thus defying the law.  Kim Davis, an elected county clerk from Rowan County, has been refusing to distribute marriage licenses to same-sex couples since June, when the law was extended to the national level.  Her reason?  Religious freedom.  She claims that by forcing her to give marriage licenses to same-sex couples, her religious beliefs are being violated.

         As every American can tell you, religious freedom is protected by the First Amendment of the Constitution; however, not every American understands what that really means.  Religious freedom means that no established government in the United States can tell you what religion you can and cannot practice.  It allows you to be free to follow any belief system and worship without fear of persecution.  You may attend religious services or not.  That is your choice.

    Kim Davis refusing to issue marriage licenses to same-sex couples has brought about the age-old debate about what is and is not religious freedom.  Too many people believe their religious freedom can influence or impact other people’s life choices.  So, where is the line between religious freedom and religious imposition?  It is where people start forcing others to abide by what they personally believe.  It is where someone steps up and says, “I can’t do this because of my religion, so you can’t either.”  This is exactly what Kim Davis has done; she has crossed the line. 

         As an elected official, Mrs. Davis was put in position by the people to serve the people.  ALL of the people.  She works for a secular government, which means it does not govern based on any religion, another benefit of religious freedom.  By not supplying same-sex couples with the marriage licenses they are legally entitled to, not only has Kim Davis abused her right to religious freedom, she has also broken the law.  On top of that, she is making her deputies at the county clerk’s office break the law along with her by forbidding them to give marriage licenses to any couple that isn’t straight.

 
       Just like any law breaker deserves, Kim Davis has been punished for her crime.  Just before Labor Day weekend, a judge ordered her to be put in jail until she agrees to hand out marriage licenses to all couples.  Although she has since been released from jail - serving a whopping five-day sentence - her lawyers assure us that, basically, nothing will change.  When it was announced that Davis would be put in jail until she agrees to adhere to the law, many people erupted in a round of applause, believing the judge had made the best decision possible.  The judge himself even said he did not think that fining Kim Davis would be enough to get her to change.  But what if it would be enough?  

     What about the possibility of fining Davis the amount she’s still being paid despite not doing her job?  Her salary comes in part from people who elected her to the position, some of the same people who she now feels unable to serve. If Davis is not willing or able to serve under the law as it now stands, she should give the money back.  In other words, Kim Davis should resign.

Kim Davis has given those who follow the religious freedom clause as it should be followed a bad name.  The right to practice or not to practice any religion should never be taken away from a person, just like it has not been taken away from Kim Davis.  People like to say she was sent to jail because of her religious freedom.  This cannot be more wrong.  Kim Davis was sent to jail and will continue to receive public scrutiny and legal punishment because she is not doing her job.

Now that Davis has been freed from her cell and her supporters are rallying behind her more than ever, there is really no hope that this problem will be resolved any time soon.  No doubt that unless she resigns or is impeached, this will be a never-ending cycle for the foreseeable future.  Insubordination, jail time, insubordination, jail time.  This will continue until something more effective is done.

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