A county clerk in Kentucky went to jail Thursday for refusing to issue marriage licenses to same-sex couples. A judge ruled that her actions violated the U.S. Supreme Court’s decision legalizing same-sex marriage in June.
Clerk Kim Davis stopped issuing marriage licenses of any kind immediately after Kentucky Governor Steve Beshear ordered all county clerks in the state to license same-sex couples. Davis said the order violated her religious beliefs as a Christian.
“It is not a light issue for me. It is a heaven or hell decision,” Davis said in a statement. “I intend to continue to serve the people of Rowan County, but I cannot violate my conscience.”
Davis sued Governor Beshear for religious discrimination. On Monday, her appeal reached the Supreme Court, which rejected it without comment. A federal judge on Thursday found her in contempt of court and ordered her to jail.
Although Davis and other government employees are entitled to disagree with the Supreme Court, her job requires that she fulfill the oath of office she took when elected, said Marcia Coyle of the National Law Journal. If she cannot carry out the law as required, she has to resign, Coyle said.
Davis’ supporters say that forcing her to do something that violates her Christian principles restricts her religious practice, which is protected by the First Amendment of the U.S. Constitution.
Republican presidential candidates have voiced opinions supporting and opposing Davis’ stance.
South Carolina Senator Lindsey Graham said on a radio program earlier this week that Davis should comply with the law or resign, but added that he supports traditional marriage himself. ”The rule of law is the rule of law. That’s what we are, a rule of law nation,” Graham said.
Kentucky Senator and presidential candidate Rand Paul called Davis’ defiance “an important part of the American way.”
While Davis remains in jail for the time being, some of her deputy clerks began issuing marriage licenses to all couples on Friday.
Warm up questions
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What is the difference between rules of law and rules of religion?
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What does the U.S. Supreme Court do?
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What should happen when a public official refuses to uphold the law because of their religious beliefs?
Critical thinking questions
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Should elected officials be required to uphold the law even if it goes against their beliefs?
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What do you think of the federal judge’s decision to send Davis to jail for as long as she continues to refuse to issue licenses?
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Where should the line be drawn between religious freedom and not infringing on the legal rights of others?
