Gay marriage has been legal in all 50 states for over two months now. Many same sex couples nationwide have celebrated by getting their marriage licenses and enjoying the perks that come with being married. However, there have been some bumps on the road. Perhaps no story has been followed as closely as the story of Kim Davis, the Kentucky county clerk that has refused to issue a single marriage license since the Supreme Court’s ruling. Davis was recently jailed and then released after being held in contempt of court, and released soon after.
Why Hasn’t She Been Fired?
Many people who have been following her story in the news are wondering why she hasn’t been fired from her job. After all, she hasn’t issued any marriage licenses, which is one of her main duties, so why can’t she simply be let go? Because she was elected to the position of county clerk, it is not a job you can fire somebody for. Yes, she can be impeached, but the chances of that happening are quite slim, especially given the political environment in that state.
Shouldn’t She Resign?
The only way it seems that Davis can avoid additional jail time without agreeing to issue a marriage license is to resign from her position. She no longer is willing to issue marriage licenses to same sex or heterosexual couples because she doesn’t want to be accused of discrimination. It seems that the only type of win for Davis would be a stalemate, in which she does not have to violate her religious beliefs by issuing marriage licenses, but does not have to return in jail. At this point in time, it seems that the only way for that to happen would be for her to resign from her position as county clerk.
Davis’ Attorney Files Appeal
Davis was released soon after her attorney filed an appeal to get her out of jail. This is not the first appeal he has filed on her behalf. Back when she was originally ordered to issue marriage licenses, her attorney filed for an appeal, however it was denied. If this appeal is passed, then she will not have to stay in jail, but that does not mean that there will be a resolution to the case. Davis seems that she isn’t going to budge anytime soon, and it is an almost certainty that the courts aren’t going to let her have her way. This is likely something that could continue for a long period of time.
Religious Beliefs Interfering With Job Duties
This certainly isn’t the first time that someone’s religion has interfered with their ability to perform certain job duties.
- Some people are not able to work on Saturdays or after the sun goes down on Friday in order to honor their Sabbath Day.
- A Muslim woman is currently making headlines saying that she was suspended from her job as an airline attendant for refusing to serve alcohol.
Normally, a person’s religious faith can be honored and accommodations can be made. However, there are times when it is impossible for someone to perform the duties necessary without violating their religious beliefs. This is when things can get interesting.
Davis’ Marital History
Many people who are protesting Davis’ refusal to issue the licenses are pointing out her less than perfect marriage history. Davis herself has been married four different times. She was not religious until recently, but it does make it interesting that she seems to have such a conviction that marriage is so sacred and meant to be between a man and a woman.
What About Other “Sins”?
Before the Supreme Court ruling, was Davis refusing to issue marriage licenses to couples who were living together before they were married, or to those who drank a lot? Of course not. While she would consider these things to be sins, she wouldn’t make those applying for a marriage license fill out a questionnaire asking all of those personal questions. Why does she think that she needs to decide whether or not it is okay for two people to be married to one another?
What Will Happen to Kim Davis?
Right now, many are holding their breaths to see what happens with Davis and her job. Will she resign from her position since she can no longer fulfill her duties? Will she agree to issue the marriage licenses again? Is there a way to keep her in office without her having to issue same sex marriage licenses? It doesn’t seem like Davis is going to change her mind anytime soon, and it’s almost certain that the courts will stand by their decision. Only time will tell what the fate is for Kim Davis.
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