Kem David, a Kentucky court clerk is refusing to do her job and issue marriage licenses regardless of sexual prefernece. She is sworn to uphold the law. Freedom of religion does not allow an official to disregard the law.
She has now defied a federal district court order to issue the licenses, the federal appellate court, and the U.S. Supreme Court, so she was jailed for contempt. The assistant clerks have been told to promise to issue licenses and decide their stance by this afternoon. They should also be jailed for contempt if they refuse to do their jobs. The federal court told them they don’t need the Clerk’s approval to do their job.
A judge cannot refuse to follow the law to impose a death penalty when the law of the state requires it, even if he religiously opposes it. The governor of a state who is anti-gay cannot deny government benefits to a gay person. A police officer cannot refuse to protect a gay person being beaten up by an anti-gay person, or help a person flying the confederate flag at a rally who is ill and about to faint. Either do your job or resign. What is she thinking? She is not above the law!
The issue is not about religious freedom; it is about a government official who has violated her oath of office to uphold the law and issue marriage licenses, which includes freedom of religion. Outside of her job she can choose to personally discriminate against gays, but she must either resign or do her job. She has committed a crime under most state laws in failing to uphold her oath of office and do her job. As such, she must be impeached and forfeit her job and its benefits.
Freedom of religion does not mean that you can refuse to do your government job based on religious belief. If she is so rigid to believe that religion dictates the law of this land, despite the First Amendment, then she should resign. She should be impeached and forfeit her job and retirement for violating her oath of office to uphold the laws.
The judge is also appropriately forcing the assistant clerks to either do their jobs and issue licenses or also go to jail for contempt. They do not deserve their salaries if they do not. The Governor should fire any assistant clerk who fails to do his/her job. The Governor should appoint a temporary clerk while Davis is jailed. There must be some law as to replacing an official who is temporarily incapacitated and unable to do their job.
She is paid by all tax-payers to do her job and not discriminate. God does not control the law.
The Kentucky Constitution Section 114 (3) allows the Kentucky Supreme Court to remove the Clerk for misconduct. The fact she was just jailed proves misconduct and they should move expeditiously to remove her from office and a new Clerk must be appointed. She should also be impeached and lose her salary and benefits.