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.
In Germany at police officer successfully sought out the Constitutional Court because he was disciplined for not following the order to enter a church as that conflicted his agnostic views.
It is alright to deny something because of your views, the state simply has to facilitate all rights and in this case the county would have to have someone on their payroll to legalise same Sex marriages. That allows the individual clerk to stay true to their believes but also facilitates the rights of those seeking their lawful marriage.
This makes total sense. What’s frustrating is that everyone focuses on the religious choice aspect while not asking the real question like why was this one person in charge of the entire county when it was known she had an issue. I’m sure this would lead to a larger investigation to find she wasn’t the only one with the issue of marrying a same-sex couple.
Really, the county should be held accountable, not this woman. The county has the obligation to marry same-sex couples. The county staffed one person whom they probably knew would have this issue.
The county should reprimand the woman for not fulfilling her duties as a representative, she should have sued the county for putting her in that position by not hiring someone else, and the couple should have sued the county. I’m not really familiar enough with the case to know how this actually went down.
Her job was an elected position so what do you expect the county to do?
I didn’t know this was an elected position. I could see how that complicates the matter.
Still, even if The People elect a person to a publicly held office as a representative of their interests, the elected official is obligated to uphold the law. If they’re unable to do so, either the county should have prevented her from taking the position or she should be held accountable for lying. Either way, the county should be facilitating the law to allow same-sex couples to be married.
Never heard of this, do you have a link?
I just had look, but can’t seem to find it myself. A law teacher told me about it.
The legal practice however is correct when it comes to those normally employed by the state as would be the case with office clerks. Police officers are in a special employment and therefore forfeit a lot of rights normal employees have. I would however still come to the conclusion that if there’s no immediate danger, the state can’t force a police officer to enter a church if that goes against his beliefs