Splicetoday

Politics & Media
Sep 09, 2015, 07:11AM

We Needed Kim Davis in Jail

New York Times op-ed fails to make one valid point.

Rsz screen shot 2015 09 08 at 94458 pm.png?ixlib=rails 2.1

Kim Davis was released from jail yesterday afternoon, after serving six days, on the condition that she not interfere again with the issuance of marriage licenses to same-sex couples. Mike Huckabee was right there to greet her, and her address to her excited fans was accompanied by the Rocky III theme song "Eye of the Tiger." Davis' lawyers vowed that she will fight on, regardless of the terms of her release, setting the stage for plenty more drama to come.

"Kim Davis, the clerk in Rowan County, Ky., went to jail last week, and there was no good reason for her to be there," wrote Ryan T. Anderson of the conservative Heritage Foundation in the first sentence of his flawed op-ed, "We Don’t Need Kim Davis to Be in Jail", in Monday's New York Times. It's a bad start to his argument, and it just gets worse.

First, the "clerk" in Kentucky the writer refers to is actually the Rowan County Clerk, who was elected and swore an oath to uphold the law—not God's law—when she took office. As Davis professes to be a devout Christian, you might think such an oath would carry an added weight, given that it involves God. To my knowledge, Davis has not addressed this inconvenient discrepancy.

Anderson incorrectly claims that her job description has changed since she took office, but the oath she took requires her to uphold the law, and laws change, as she certainly knows. There’s a good reason why she was not asked to uphold the law, as it stood in 2014, when she was elected. The focus of the column is that Kim Davis was jailed because her conscience prohibits her from allowing marriage certificates with her name affixed to them. The implication is that she believes, as she stated in court, that she may be sentenced to an eternity in a horrible place she calls "hell" if her name appears on such documents, even if she "recuses" herself personally and has her subordinates handle the same-sex marriage certificates.

Generally, Christians will point to particular passages of scripture—while ignoring the ones they don't like—when defending a religious belief. Davis' Apostolic Christian church has no doubt identified such verses as they apply to homosexuality, but I'm pretty sure that the Bible doesn't imply in any way that your name affixed to a same-sex marriage certificate—as Kentucky law requires Davis' to be—is a sin, especially when you have gone to great lengths to demonstrate that you personally refuse to allow gays to get married. The God worshipped at Davis' Solid Rock Apostolic Church is all-knowing and all-powerful, and He's presumably very capable of making such distinctions.

Anderson descends even deeper into absurdity when he claims that that the Obergefell v. Hodges U.S. Supreme Court case stating that same-sex marriage is a right all Americans are entitled to is not "constitutionally justified," a sentiment you'll often hear repeated among the Mike Huckabee "guns, God and gays" set. I’d refer Anderson to Article III of the Constitution, which vests in the U.S. Supreme Court the power to interpret the Constitution. Yes, the 14th Amendment does not explicitly state that gays (nor atheists or communists either, for that matter) can legally marry, but SCOTUS has determined that they are entitled to its protections, just like any other American.

Davis has always had the choice of refusing to issue marriage certificates to gay couples, as long as she allowed one of her employees to handle them. This has been the workaround that’s been used in similar situations after Obergefell v. Hodges, offering a simple, reasonable compromise solution. But Davis wants no part of this approach, although by Anderson's tone you'd think that her conscience—and the judge—offered her no choice but to go to jail. The choice has always been Davis', and she’s never once been personally required to issue a same-sex marriage license.

The entire American legal system breaks down when government employees are allowed to pick and choose what laws they’ll obey. That's why putting Davis in jail was the best move federal judge David L. Bunning could’ve made. Leniency would’ve sent the signal that everything's fair game, leading to chaos. The hyper-religious would be coming out of the woodwork with outlandish claims as to why they could not perform their various duties as public servants.

Anderson wants the Kentucky law changed so that the county clerk's name is no longer required to be affixed to all marriage certificates issued in their respective counties. That's fine, but that’s not the current law, and Davis is not above the law, despite her impression that she answers to a higher authority.

The headline of his column reads that "we" don't need Kim Davis in jail. In fact, we did very much need her there to send her, and other government officials of like minds, a strong message. She’s denied American citizens their legal rights, and this could not stand. As for the "reason,” Davis chose to be in jail over some trumped up signature on a certificate issue. Her higher authority can sort that one out when her time comes. I'm sure her God can handle this one.

—Follow Chris Beck on Twitter: @SubBeck

Discussion
  • As a Federalist piece noted, it's good to see a law liberals insist must be obeyed despite one's conscience. Got to start someplace.

    Responses to this comment
  • Guess you didn't read this then. Oh well, that happens.

    Responses to this comment
  • I believe there was the opposite situation in CA. Gavin Newsome ignored a law--Prop 8, iirc--and nobody on the left was calling for him to go to jail. All depends. Not that some folks get that the rest of us figured that out.

    Responses to this comment
  • That's amazing. Even after he defied a federal judge's order.

    Responses to this comment
  • I think the progs were cheering his principled law-breaking. It was, tactically, a good idea to send her to jail. You can't crowdfund a bunch of folks taking a couple of minutes apiece of her sentence. Not as if she'd been fined, which would have allowed a substantially disturbing number of people, or a gratifyingly large number of people, to kick in a couple of bucks. Now THAT would be a demonstration. Cagey move by the judge.

    Responses to this comment
  • Oh, yeah. When are all these principled gay activists going to cast about for a Muslim florist?

    Responses to this comment
  • What are you rambling on about now?

    Responses to this comment
  • Rabelais: I'm clear enough, except that pretending I'm not means you don't have to address the point. But here's another way to put it. Gay couples, having been oppressed, suppressed, repressed and depressed their whole lives by evil Christian fundies go out of their way to find an evil Christian fundie to help out with the Big Day. If it was about gay rights, they'd try it with a gay baker, florist, photog, who could use the business, or court clerk. Or a Muslim firm. But they don't. So, obviously, it's not about gay rights.

    Responses to this comment
  • Why don't gay activists build a moonbase and raise moon bunnies? The fact that they don't clearly demonstrates they don't really care about gay rights, and not bunnies either. And you, Richard, where are your bunnies? Any serious commenter has bunnies. You, sir, are not a serious commenter.

    Responses to this comment
  • He mostly just seems to be confused. Has a hard time keeping up.

    Responses to this comment
  • So, not even an inadvertent encounter with a Muslim florist? You told the gay baker he was doing well enough and didn't need your business? Point is, this is put on. And, despite your pretences, I know you know it. And so do lots of other people. Despite the pretence.

    Responses to this comment
  • Nobody knows what you're talking about.

    Responses to this comment
  • Mr. Aubrey, there will be no further discussion until you tell us what you did with the bunnies. Where are they, Mr. Aubrey? No dodging the question, this time.

    Responses to this comment
  • http://cdn.shopify.com/s/files/1/0224/1915/files/bunny.jpg?22110

    Responses to this comment
  • How old are you and Beck? You two are the first to shout TROLL, yet this whole message stream consists of you two trolling Aubrey. Grow the fuck up you insensitive PRICKS. Noah, I thought you'd be better than this.

    Responses to this comment
  • Noah, et al. Forget it. Not one person in a hundred actually believes these are inadvertent encounters with evil Christian fundies. Nobody believes the happy couples involved wouldn't have preferred to give a gay firm the business,if there weren't something more important...like making a point. And nobody believes anybody interested in making a point would bother trying it on a Muslim firm. Although one guy did. Got no place. No cries of discrimination, either. Funny, that, presuming you guys had the principles you claim to have. So...you don't. And everybody knows it.

    Responses to this comment
  • http://s3-static-ak.buzzfed.com/static/campaign_images/webdr06/2013/6/26/15/the-33-most-important-bunny-gifs-on-the-internet-1-11111-1372275498-8_big.jpg

    Responses to this comment

Register or Login to leave a comment