"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Friday, July 03, 2015

About Those County Clerks

That is, the ones who can't seem to separate their religious beliefs from their jobs. Like Katie Lang in Hood County, Texas, who said:

I am grateful that the First Amendment continues to protect the sincerely held religious beliefs of public servants like me. That has not changed since last Friday.

She, at least, seems to recognize that the First Amendment also protects others from having to cater to her religious beliefs -- there are other clerks willing to issue marriage licenses to same sex couples in Hood County.

And then there's Decatur County, Tennessee, where the entire office resigned.

Clerk Gwen Pope and employees Sharon Bell and Mickey Butler cited their religious beliefs as the reason behind their decision.

Confirming the resignations, County Commissioner David Boroughs praised the employees’ decision because “their faith is so strong and well-rounded that they feel they can do that.”

Chris Hayes has a fairly good report on the phenomenon:


One of those Kentucky county clerks is now being sued:

Now, the ACLU has filed a federal class action lawsuit against one of those clerks, Kim Davis (below right) of Rowan County, on behalf of two gay couples and two straight ones.

From the ACLU’s release:

In explaining the ACLU’s decision to file suit on the couples’ behalf, ACLU of Kentucky Cooperating Attorney Laura Landenwich stated, “Ms. Davis has the absolute right to believe whatever she wants about God, faith, and religion, but as a government official who swore an oath to uphold the law, she cannot pick and choose who she is going to serve, or which duties her office will perform based on her religious beliefs.”

The interview in the Chris Hayes video with Casey Davis, county clerk of Casey County, Kentucky, is instructive, although perhaps not in the way that Mr. Davis expected: as you listen to him, it becomes very clear that the point of this exercise is not to preserve his freedom of conscience -- that's under no attack, in spite of what he says -- but to establish his "right" to enforce his religious beliefs on everyone else. That's really the basis of all of these so-called "religious freedom" bills being introduced in state legislatures: to enshrine one set of religious beliefs above the law and above everyone else's civil rights.

In the case of county clerks and other government agents in particular, I'd be willing to bet that one could make a strong case for violation of the Establishment Clause.

It's going to be interesting to see how this all pans out, although with Liberty Counsel standing ready to take up the defense of these poor, persecuted "Christians" I'm fairly optimistic.

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