Clerk citing ‘God’s authority’ over high court on gay marriage to face judge

Americas

Clerk citing ‘God’s authority’ over high court on gay marriage to face judge

A county clerk who invoked “God’s authority” as she defied the U.S. Supreme Court yet again on gay marriage Tuesday refused to resign and now must face a federal judge who could impose fines or send her to jail. Rowan County, Ky., Court Clerk Kim Davis has for months defied the United States Supreme Court’s ruling on gay marriage, citing Biblical principle. On Tuesday, she took her decision to hold “God’s authority” above the law of the land to the next level, in a bold move defying the Supreme Court directly. A day after her legal options ran out as the Supreme Court declined to take up her appeal, Davis denied the marriage license of James Yates and Will Smith Jr., saying they’d have to wait “a long time” for the piece of paper that bestows the benefits of marriage upon eligible couples.

To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience. It is not a light issue for me. It is a Heaven or Hell decision.

Kim Davis

Davis has taken her religious objections to a new level, at least in the modern era. She is an Apostolic Christian who goes to church three times a week and mentors female prisoners. Her defiance has turned her into a modern-day Paul, her husband, Joe Davis, said on Tuesday. The push by religious liberty groups – including the tax-exempt nonprofit Liberty Counsel that is representing her – to challenge the US judiciary at the highest levels is likely engineered at least in part to energize Americans who want Davis to “stand firm” on her decision. Such a stance, legal experts say, undercuts a straightforward rule of American governance under the Constitution – that the government can’t function if state officials don’t comply with the law.

To the extent that [Davis] becomes a martyr for anything, it speaks ill for those arguing for religious liberty. The fact is, she’ll probably end up in jail unless she comes to her senses, or at the very least be out of a job.

Brian Leiter, a University of Chicago Law School professor and author of “Why Tolerate Religion?“