More than two months since the Supreme Court ruled to legalize same-sex marriage, some citizens still refuse to uphold equality and justice throughout the nation, including our very own government employees. Kim Davis, a county clerk in Kentucky, was recently jailed after refusing to issue same-sex marriage licenses. She made several claims about her religious beliefs during prosecution and clearly opposed issuing licenses because of her Christian ideology. As she stubbornly sits in a jail cell, thousands of supporters accuse the government of despotism, including Republican presidential candidate Ted Cruz, who alleged that “judicial lawlessness crossed into judicial tyranny” when Davis was incarcerated.
The only accounts of lawlessness in this situation are the actions of Davis, and the only viable source of tyranny is her attempt to impose her beliefs on others. It is lawless to ignore Supreme Court rulings and attempt to justify illegal actions on the basis of religion. This concept seems to have caused some confusion for Davis and her lawyers, who claim no law was broken during her defiance. Davis defied a very significant law and was therefore found in contempt of court. Ironically, the name given to her offense describes the actions of Davis exactly, for she neglected to uphold the judgment of the United States court system.
It is apparent that Davis completely thwarted the law, but she is cunningly trying to hide her treason behind an excuse of religion. Freedom of religion is an integral right in American society and epitomizes the American ideals, which is why Davis and her defense team are exploiting it. During her court hearing on Thursday, Davis claimed same-sex marriage is not of God, and her defense portrayed Davis as a martyr who is merely following her conscience and her belief system.
Davis and her team of attorneys have failed to consider the detriment this attitude will cause to society. If all citizens were allowed to follow their beliefs, regardless of whether they aligned with civil law, court rulings or general human rights, America would be in a state of anarchy. She is not an exception to the regulations our government has enforced, and it is both selfish and foolish of her to believe she is above our law.
One of the most important aspects of this situation is religious freedom. The U.S. is a haven for religious diversity, and the ability to practice varying religions without persecution is a foundation of this country. This has been Davis’s argument since couples she refused to issue licenses to first sued her. While Davis and her fan base of Christian conservatives demand her religious rights be protected, they are not considering how her actions jeopardize the rights of others. As the old adage goes, the right of one person to swing their fist ends where another person’s nose begins.
Freedom of religion also includes the freedom to not be religious. Every single time Davis refused to validate a same-sex marriage license, she suppressed the beliefs and rights of others.
Davis was given chances to comply. In her office, five deputies agreed to continue issuing marriage licenses despite Davis’ disapproval. U.S. District Judge David Bunning did not initially sentence Davis to jail -– this came after her deliberate and unreasonable noncompliance with the law. Judge Bunning said Davis would be allowed to resume her position as county clerk if she returned to work and did not interfere with the issuing of same-sex licenses, meaning she personally did not have to engage in the licensing process. Davis replied that she would rather go to prison than allow her deputies to authorize same-sex marriage.
Throughout her trial and appeals in the court system, Davis repeatedly used her religion as an excuse for not doing her job. “God conflicts with my job duties” were her words before a U.S. Marshall escorted her out of the courtroom on Thursday. If that is her genuine sentiment, the solution to this issue is simple – she should quit. She cannot perform her job to the standard upheld by the U.S. Supreme Court, she cannot perform her job as an unbiased employee for the people of her state, and she cannot demonstrate compliance and acceptance towards the people she serves. Davis should quit and find a job in which she is able to legally discriminate against others and not disrupt the peace established towards the LGBTQ+ community since the legalization of same-sex marriage in June.