The Kim Davis Case Is About Disobeying The Rule Of Law, Not About Religious Liberty

Repeat after me . . .
Kim Davis is not being held in contempt of court for her Christian beliefs.

Federal Judge David Bunning ordered county clerk Kim Davis to be held in contempt of court for her refusal to issue marriage licenses to same-sex couples in Rowan County, Kentucky. Davis will be released from jail when she agrees to do the job she was elected to do when she took an oath to perform “without favor, affection or partiality.”

As an elected official, Davis cannot be fired. She can either be impeached by the Kentucky legislature, or she can resign. Those are the only two ways she can end her public service. Because the Kentucky legislature is not in session until January, impeachment would require a special session.

At the hearing this morning, Judge Bunning stated: “The court cannot condone the willful disobedience of its lawfully issued order. If you give people the opportunity to choose which orders they follow, that’s what potentially causes problems.”

Without doubt, there will be many people who endeavor to misrepresent the Davis affair as one of Christian persecution. Her attorneys from Liberty Counsel would like nothing better than to add another “martyr“ to the rolls of the saintly bakers, photographers, and public chapel owners — all who broke laws pertaining to discrimination.

Similarly, Davis is not being held in contempt of court for her Christian beliefs.

Repeat after me . . .

Kim Davis is not being held in contempt of court for her Christian beliefs.

Over the coming hours, days, and weeks, there will be pressure to frame conversation about Davis as one of religious persecution potentially signaling the onslaught of the faithful being carted off to jail.

Don’t fall into that verbal and contextual trap!

Kim Davis is being held in contempt of court because she refused to follow the rule of law.

When the Supreme Court of the United States ruled on same-sex marriage in June, marriage equality became law in every state including those whose state constitutions had formerly banned it. Davis has decided to not abide by the rule of law.

The rule of law holds that laws govern a nation, as opposed to subjective or discretionary decisions made by individual government officials. Davis subjectively decided to not perform the duties of her elected office. Whatever Davis’ reasons happen to be, and her reasons involve her expression of personal beliefs, she is breaking the law by not performing her job as an elected official.

That is why she is in contempt of court. She is not in contempt of court for her religious beliefs.

Kim Davis, county clerk of Rowan County, Kentucky is in jail because she defied a federal and two superior court orders. She refused to acknowledge the rule of law of a binding Supreme Court decision. She just happens to be a Christian.

 

Image by Fairness Campaign via Twitter