No License For You

A Kentucky County Clerk has made major headlines because she has refused to enforce the law and carry out the duties of her office.

The Clerk is Kim Davis who says because of her religious beliefs she cannot issue marriage licenses to same-sex couples. Her solution is to issue no licenses to anyone. This prompted four couples, two gay and two straight, to sue her. A Federal Judge ordered her to do her job, she didn't.

She has gained the support of anti same-sex marriage forces who are legally representing her and using her to their advantage. Don't feel bad, she's using them as well. Her argument is that she simply doesn't want her name, which is already pre-printed on all marriage licenses, to be associated with same-sex marriage. That argument strikes me as not only weak but non-existent. She is the County Clerk so all marriage licenses, even absent her printed name, carries her official seal, in fact her approval.

You might think that the State of Kentucky would want to stop this, but it's not so simple technically. First of all she has support from some in the leadership of the legislature. She cannot be fired or subjected to a recall vote. She can only be removed from office through impeachment in the Kentucky State Legislature. The Legislature is not currently in session and the Governor has stated he doesn't intend to waste taxpayer dollars by recalling them when 117 out of 120 County Clerks are doing their jobs. He also knows there is no appetite in the Legislature to impeach Davis. The proposed legislative fix was to change the law to remove her name from the license. This would be taken up at the next session. It's a false fix and a smoke and mirrors approach because she is the accountable authority for those marriage licenses in her county.

I will take Mrs. Davis at her word, that she feels she cannot carry out her duty for religious reasons. She should have resigned but she doesn't want to give up her $80,000.00 a year job. She worked for 27 years as a deputy county clerk under her mother who previously held the top job. She has quoted Jesus and her Christian beliefs many times. Here's the quote from Jesus she needs to carefully reflect on, "render unto Caesar that which is Caesar's". Whether religious folks like to admit it or not marriage is the legal bailiwick of Caesar.

Kim Davis chose to ignore the order of that Federal Judge. Most thought she would be fined and sent home. The Judge gave her another chance today, she refused to comply and he ordered her to be jailed and Federal Marshals took her into custody. The Judge said just fining her wasn't enough because he didn't believe she would actually be the one to pay it and he didn't buy any of her legal arguments. The couple's that brought the original suit had said previously they didn't want her jailed because they don't want to turn her into a martyr.

I don't think she'll become a martyr but she will cash in on all of this publicity. The book deal, movie rights and lecture circuit beckons.