Looking at the Kim Davis issue without all of the political play and hype. What are the actual 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 …show more content…
Nurses who do not want to have any part in abortion, not even cleaning the instruments that were used (MLA citation). Postal workers who do not want to process draft forms (MLA citation). Jehovah’s Witnesses who find it objectionable to raise the flag (MLA citation). Members of any religion that finds it objectionable to work on their Sabbath. Individuals who find it objectionable to serve alcohol, or to transport it.
The law is not on the side of those that say “if you don’t like it, just quit.” The law makes allowance for accommodations. They are awarded by circumstance, situation, and cannot place an undue burden on the employer.
So were Ms. Davis’ rights violated? Under law she did not have the right to stop issuing all marriage licenses. Might she have had the right to not issue same sex marriage licenses that bear a seal with her personal name? Possibly. Does she have the right to have the County Clerk’s title removed from the seal as well as her name, and have the duties of issuing marriage licenses delegated to a different office altogether? Probably not.
Did Ms. Davis ask for reasonable accommodations that could have been granted to her? Yes, in part she may have a case. We will have to wait and see how this case plays out in the legal
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 …show more content…
Nurses who do not want to have any part in abortion, not even cleaning the instruments that were used (MLA citation). Postal workers who do not want to process draft forms (MLA citation). Jehovah’s Witnesses who find it objectionable to raise the flag (MLA citation). Members of any religion that finds it objectionable to work on their Sabbath. Individuals who find it objectionable to serve alcohol, or to transport it.
The law is not on the side of those that say “if you don’t like it, just quit.” The law makes allowance for accommodations. They are awarded by circumstance, situation, and cannot place an undue burden on the employer.
So were Ms. Davis’ rights violated? Under law she did not have the right to stop issuing all marriage licenses. Might she have had the right to not issue same sex marriage licenses that bear a seal with her personal name? Possibly. Does she have the right to have the County Clerk’s title removed from the seal as well as her name, and have the duties of issuing marriage licenses delegated to a different office altogether? Probably not.
Did Ms. Davis ask for reasonable accommodations that could have been granted to her? Yes, in part she may have a case. We will have to wait and see how this case plays out in the legal