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originally posted by: Gryphon66
Where do we draw the line between religious belief and mere claims to religious belief?
That's a question the courts are likely going to be forced to settle.
Kim Davis thinks she has a solution to her problem. The Kentucky county clerk, jailed for failing to follow a judge’s orders to issue marriage licenses to same-sex couples, wants her name removed from the marriage certificates, her attorney Matthew Staver told ABC News. “She has a very strong conscience and she’s just asking for a simple remedy, and that is, remove her name from the certificate and all will be well,” Staver said. “That simple remedy has simply been ignored by the court and by the governor and that’s what should have been done. “I think it’s reprehensible that she’s in jail for this when a simple fix could have been easily handled.”
One little-known and controversial practice might be behind some of this unexpected compliance. In Utah, North Carolina, Texas and other states, local governments are shifting responsibilities so that employees who object to gay marriage do not have to be involved with wedding licenses at all. In this scenario, the objectors’ co-workers or other government officials rotate to handle the task, allowing clerks who object to fade into the background and not participate.
But a group of Columbia University law professors argue in a recent memo that these kinds of exemptions create “conscience creep,” in which government employees can refuse to provide more and more services that violate their beliefs. And what happens when no one wants to provide the service? “The exemption proposals would make the efficacy of same-sex couples’ constitutional right to marry contingent upon their being able to find a public official who has no objection to their having such a right,” they write.
originally posted by: Gryphon66
a reply to: neformore
Where do we draw the line between religious belief and mere claims to religious belief?
That's a question the courts are likely going to be forced to settle.
originally posted by: harvestdog
a reply to: olaru12
She is a Democrat. Could this be a Republican Psy-op? Maybe they put one of their one in to make the Democrats look crazy?
originally posted by: DelMarvel
Now her assistants are issuing licenses without her name on them and she is announcing through her lawyer that these aren't valid licenses.
Marriage licenses in Kentucky usually have the elected clerk's signature on them; those handed out Friday lacked any signature. The Rowan County attorney and lawyers for the gay couples said they are legal and valid nevertheless. When the judge was asked if the licenses will be considered valid without Davis' authorization, he said it was up to the gay couples to take that chance.
originally posted by: Gryphon66
Oh, and just for the record, when I hear that we should gut the power of the Federal government and rely on local and State government, THIS is just the kind of nightmare scenario that I have in mind when I try to remind that is a bad idea.
originally posted by: neformore
originally posted by: Gryphon66
a reply to: neformore
Where do we draw the line between religious belief and mere claims to religious belief?
That's a question the courts are likely going to be forced to settle.
Why should the courts settle it?
She does not *have* to have that job.
If her beliefs are so strong and she has the power of her own convictions, she needs to walk away from it.
originally posted by: xuenchen
originally posted by: Gryphon66
Oh, and just for the record, when I hear that we should gut the power of the Federal government and rely on local and State government, THIS is just the kind of nightmare scenario that I have in mind when I try to remind that is a bad idea.
But the Federal government has been involved with this issue.
And still it fails.
Hmmm.
originally posted by: mOjOm
a reply to: DelMarvel
Those Liberty Council Lawyers are using these people for their own crusade. They're the ones behind all of this stuff and they are backed by a whole team of Conservative Rich Christian Dominionists who have been working on this government coup to install theocracy for a couple decades at least.
originally posted by: mOjOm
Personally I think she deserves to sit and rot in there for while without any media exposure at all.