Ten years after the Supreme Court extended marriage rights to same-sex couples nationwide, the justices this fall will consider for the first time whether to take up a case that explicitly asks them to overturn that decision.
Kim Davis, the former Kentucky county clerk who was jailed for six days in 2015 after refusing to issue marriage licenses to a gay couple on religious grounds, is appealing a $100,000 jury verdict for emotional damages plus $260,000 for attorneys fees.
In a petition for writ of certiorari filed last month, Davis argues First Amendment protection for free exercise of religion immunizes her from personal liability for the denial of marriage licenses.
That’s not a comparable situation though. There’s no reasonable expectation that those places would sell you pork*. The employee who works there isn’t (not) doing anything that conflicts with the business’ offerings.
Even if a muslim employee at a barbecue restaurant were to deny a customer a rack of ribs, the restaurant is under no obligation to serve you.
This issue is about a representative of the county rejecting the county’s obligations.
*Edit: After re-reading the comment I was replying to, I see it’s about a person who is Muslim or Jewish working at a deli, not a person working at a Muslim or Jewish deli. The comparison is closer than I had argued against but still not the same because one is public and one is private.
If the place carries pork and a specific employee refused to give it to you …
That’s directly applicable. It’s an exact equivalent situation. You’re just replacing nouns
It’s not at all directly applicable.
There is no constitutional obligation for that employee to sell you pork. They’re representing laws that exist to benefit the tax paying public.
A worker at a barbecue is under no legal obligation to sell you pork. They may one under an obligation of their employment but that’s a private contract. The shop itself is under no obligation to sell you anything at all.
You’re getting bogged down in specifics that are not relevant to the metaphor.
A person, who is NOT in a position to determine who/what their employer’s organization will or won’t serve, is making decisions they lack the authority to do. And if they can’t handle the responsibilities of their position, should find new employment.
That’s it. You’re over-complicating it.