This Week in Marriage Equality - Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry

[elrhiarhodan]

On Monday, SCOTUS refused to allow a county clerk in Kentucky, Kim Davis, who objects to same-sex marriage on religious grounds, to continue to deny marriage licenses to all couples, gay or straight.

This case, Davis v. Miller, was the court's first opportunity to consider whether a government official may refuse to comply with the Obergefell v. Hodges decision that granted a nationwide constitutional right to marriage equality, based on religious grounds.

Ms. Davis, an ELECTED county clerk, requested that she be excused from this obligation based on her religious beliefs. The case was filed as an emergency application to the Supreme Court, and Justice Elena Kagen, who supervises cases in the judicial circuit that includes Kentucky, referred the matter to the full court.

The U.S. Court of Appeals for the Sixth Circuit had already denied Ms. Davis' petition, stating:

“It cannot be defensibly argued that the holder of the Rowan County clerk’s office, apart from who personally occupies that office, may decline to act in conformity with the United States Constitution as interpreted by a dispositive holding of the United States Supreme Court... There is thus little or no likelihood that the clerk in her official capacity will prevail on appeal.”

The Supreme Court affirmed the Court of Appeals' decision.

So, either Ms. Davis needs to do her job or resign.

'nuff said.

ETA: And apparently, Ms. Davis feels her bigotry trumps the Constitution and has continued to refuse to issue marriage licenses. New York Times article.

Comments

[ladygray99]

Sigh

She's going to get fired, fined, or arrested and become a martyr for the right wing presidential candidates to trot out. I'd be very surprised if she hasn't already been offered book deals and a speaking tour.

[elrhiarhodan]

Exactly. And quite likely a few minutes on the podium at the Republican National Convention. Or even better, a reality show.

She seems to forget that marriage is first and foremost, a CIVIL institution.

[ladygray99]

And let us add It's Her Fucking Job. I've had jobs where I've had to do stuff I found highly objectionable but I did it because it was my job. If I had that much of a problem I could have quit.

[maiac.livejournal.com]

Not only is it her job, but she swore an oath to do that job and to uphold the Constitution while she was at it. She's claiming that since she said "so help me God" when she took the oath, that means she was declaring that the things that are God's overrule the things that are Caesar's. Uh, no. It means that she was promising God that she's keep the oath. So she's not just betraying her office and the government, she's betraying God but not doing her job.

[maiac.livejournal.com]

She hasn't forgotten, because she never knew it in the first place.