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

Thursday, August 13, 2015

Slapdown for "Religious Freedom" (Update )

No doubt you've heard of Kim Davis, the Rowan County, Kentucky, county clerk who stopped issuing marriage licenses to avoid issuing them to gay couples, citing her "religious" objections. Well, that didn't stand up too well in court. Via Joe.My.God:

A federal judge on Wednesday ordered Rowan County Clerk Kim Davis to resume issuing marriage licenses despite her religious objection to same-sex marriage, but Davis quickly filed an appeal.

U.S. District Judge David Bunning granted a preliminary injunction against Davis sought by four Rowan County couples who applied for marriage licenses. Davis has refused to issue any marriage licenses in her county since June 26, when the U.S. Supreme Court legalized gay marriage and Gov. Steve Beshear instructed all 120 of Kentucky's county clerks to comply with the court's decision.

Davis "likely has violated the constitutional rights of her constituents" by promoting her Christian beliefs "at the expense of others," Bunning wrote in his order.

The judge actually addressed one point that I've been waiting for someone to bring up:

Finally, on Davis' argument that Beshear violated her religious liberties by instructing her to comply with the Supreme Court decision, Bunning said the governor had "a compelling state interest" in government officials upholding the rule of law across Kentucky and respecting the First Amendment's separation of church and state.

"Davis has arguably (violated the First Amendment) by openly adopting a policy that promotes her own religious convictions at the expense of others," Bunning wrote.

This is actually the second case recently in which the "religious freedom" argument has been slapped down. A judge in Ohio filed a request with the state judicial ethics board to allow him to refuse to marry same-sex couples:

Ohio Judge Allen McConnell has lost his battle not to marry gay couples. The Star-Tribune reports:

Judges who perform marriages in Ohio can’t refuse to marry same-sex couples on personal or moral grounds or because of religious beliefs, according to a state judicial conduct board. In addition, judges who stop performing all marriages to avoid marrying same-sex couples may be interpreted as biased and could be disqualified from any case where sexual orientation is an issue, according to an opinion by the Ohio Supreme Court’s Board of Professional Conduct issued Friday and made public Monday.

There's a key fact that the "religious" right doesn't want to confront: all rights have limits. That's the only way any society can work. There is simply no such thing as unlimited freedom. Their goal, of course, is to make their rights paramount, superceding any laws they don't like (i.e., those that don't conform to their own prejudices). And of course, things like oaths of office or contracts with the state can be unilaterally voided at will, because they bow to a "higher power."

Sounds a little anti-American, to me.

Judge McConnell has said he'll comply with the ruling; Kim Davis has already filed an appeal (of course).

Via Joe.My.God.

Update: On the advice of her attorneys, Davis has once again refused to issue a marriage license to a same-sex couple.



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