Essay The Legal And Religious Issues At Stake Here?
Does Ms. Davis have the right under law to be granted an exemption from these duties of issuing marriage licenses to same sex couples? Have her rights been violated? What is the law? What is the actual request being made? What are some legal precedents that come into play?
First of all Ms. Davis was jailed not for refusing to issue marriage licenses to same sex couples in violation of her conscience. She in actuality refused to issue any marriage licenses at all. Her thought process apparently was that in rejecting all marriage applications she would not be discriminating against any one group. The law is in no way on the side of this decision because constitutionally people have the right to be married (though the individuals who wished to be married were also free to go to neighboring counties). Although the law does not support Ms. Davis’ decision to not issue any marriage licenses would it support her alleged right to not issue same sex marriage licenses? First we need to examine the actual request of Ms. Davis, the situation, and what the law allows.
Ms. Davis’ actual request is to not have her name or the department of the office she holds on the marriage licenses. Ms. Davis feels that with her name on the licenses and stamps for the licenses it is as if she personally is giving her approval for these marriages to take place. She is…