Saturday, September 05, 2015

It's Not You, it's Your Position

For the unclear - Kim Davis is not being punished for her religious beliefs. She's allowed to hold whatever beliefs she wants, whether it's in line with the law or not. The Office of the County Clerk of Rowan County is NOT allowed to act on those beliefs; its function is to perform the job tasked to it. If the person holding that position refuses to do his or her job, then the holder of the office is liable for any punishment that might come his or her way.

The County Clerk of Rowan County refused to follow a judicial order and the County Clerk of Rowan County is being held in contempt for refusing to follow the judicial order. Kim Davis and her supporters believe this is about her - the individual. They are wrong. This is about the position, which happens to be held by her.

If Kim Davis wants to get out of jail, then she can do one of two things. She can issue the marriage licenses the holder of the Office of the County Clerk is obliged to issue, or she can resign, and allow another person hold that office and be bound by the obligations attached thereto. She doesn't get to have both, and this is where she's stuck.

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