Kim Davis And Reasonable Accommodation Essays

1026 Words Sep 29th, 2015 null Page
Kim Davis and Reasonable Accommodation An observer looking at the original Kim Davis news event (before all of the political and religious leaders became involved and it transformed into an inflamed media topic) might have noticed some legal issues regarding freedom of religion. They are as follows- in the United States citizens are all guaranteed freedom of religion under the First Amendment, and secondarily the law under Title VII allows religious accommodation for those who find parts of their job repugnant, provided it does not place an “undue hardship “on the employer (EEOC). Ms. Davis may have qualified in part for a simple accommodation under this law (Volokh).
Does Ms. Davis have the right under Title VII to be granted an exemption from these duties of issuing marriage licenses to same sex couples? Does Title VII apply to those that hold government office? What is the law? Were her rights violated? What is the request being made? What are some legal precedents that come into play?
To be clear, Ms. Davis was not jailed for refusing to issue marriage licenses to same sex couples in violation of her conscience. She, in fact, refused to issue any marriage licenses at all (Volokh). Her thought process apparently was that in rejecting all marriage applications she would not be discriminating against any one group (Blinder and Pérez-Pe¬ña). This is why she has a federal lawsuit claim against her, as people have the constitutional right to be married (though the…

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