I have heard arguments on both sides of the issue regarding Kim Davis, the county clerk in Kentucky that refused to issue a marriage license to gay couples. Here is my opinion for whatever it is worth.
Kim Davis does have the right to refuse to accept gay marriage and exercise her religious beliefs under the constitution. However, she does not have the right to enforce her beliefs on others under freedom of religion in the constitution. Once she accepted the position of county clerk, she was bound by the duties of her office and to uphold the law. If she could not do this in good conscience, she should resign her position.If marriage is viewed solely as a religious rite/sacrament and not a social contract, then there each individual should be treated by the state as an individual. Marriages would not be licensed. Taxes would be individualistic. Family insurance, benefits, etc. would not apply. I think “marriage” is the confusing term because it is used with multiple meanings. I would prefer to use the term “civil union” to a governmental recognition of “marriage” and “marriage” to the religious aspect.To those who argue that she should retain her position and refuse to issue licenses, I say:
If one was a Hindu, could one refuse to license businesses that sold or consumed dead animals?
If one was Muslim or a Christian that prohibited consuming alcohol could one refuse to license bars, stores and restaurants that serve alcohol?
If one was a strict Catholic, could a judge refuse to grant divorces, or a Catholic clerk deny establishments license to serve meat on Ash Wednesday?
If one were Jewish or Muslim could they deny license to restaurants that serve pork?
If one were Amish, could one refuse license to an establishment that was open on Sundays, or Jews refuse refuse license to an establishment that was open on Saturdays?
The list goes on. To allow one to impose their beliefs on others is a violation of religious freedom and for a public official to do so would violate separation of church and state.
To those who argue that the fed should step down and acquiesce to local control – for example, just imagine what chaos would follow. If one divorced in a jurisdiction that considered it legal and remarried, one could be found guilty of bigamy in another jurisdiction.
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