As the uproar begins and wingers' heads start exploding over phony claims of religious persecution, we need to stay focused on ONE GOAL: Preventing the Rowan County Clerk Kim Davis case from being used to promote the Christian Right's religious exemption agenda.
Davis is now in jail, and five of her deputies have agreed to comply with Federal District Court Judge David Bunning's order to issue marriage licenses starting tomorrow. Davis' son, deputy clerk Nathan Davis, is still refusing to do his job.
Here's what needs to happen next.
Although the plaintiffs in the case had asked the federal judge to just fine Davis instead of jailing her, Judge Bunning said fines would not work because others might raise money to pay the penalty on her behalf. He is correct. His strong action is a good move. Davis is already a Christian Martyr ™ in NOM (the National Organization for Straight-Only Marriage) fundraising letters. GOP leaders are also trying to cash in on the faux outrage.
Since Davis defied Judge Bunning's court order last month ordered her to resume issuing the marriage licenses, and the federal appeals court and even the US Supreme Court refused to lift his order, we have a clear legal statement that the courts do not want to continue this discussion. I recently wrote about how this case can end up being beneficial to progressives:
The salient part of the SCOTUS denial of stay is that Justice Kagan sent it to the entire court. NONE of the right wing justices were interested in taking it up and continuing this discussion. They already lost, and they are clearly unwilling to repeat the fiasco with ongoing challenges to the Obergefell v. Hodges decision. They have ruled and they just sent a strong message that it's time to move on.
The GOP has always used homophobia to fundraise and GOTV. They're not going to give that up, but we can certainly limit future opportunities by stomping out little embers like the Rowan County fiasco.
Thrice divorced and remarried adulterer Kim Davis doesn't really have a leg to stand on in her religious liberty claim. Like the Duggars, their popularity is based on a phony perception of their godly lifestyle. Granted, Davis only got god four years ago, so her previous sexual liaisons outside her marriage are eligible for forgiveness due to her conversion and acceptance of yada yada yada. But she's a faulty martyr all the same.
Her basic premise is wrong: Her name on government forms does not convey approval of same-sex marriages, it simple certifies that the couple legally qualify for marriage. Her demand for a religious exemption is not applicable.
As a gay-rights advocate, I support her right to her religious convictions, but I reject her claim that she deserves a religious exemption to issuing marriage licenses to same-sex couples. Davis makes $80,000 a year as a public employee who wants to refuse to perform a key job function. If she can't do her job, she needs to resign or the public should demand her removal. Since Davis essentially implemented a marriage scheme based her religion instead of settle law, she has caused the County to be in violation of the Constitution's Establishment Clause.
But worse than that, she used her authority to force deputy clerks to violate both the law and a federal court order. That further weakens her claim to be acting in accordance with her faith.
I think we should continue to press for her removal from office (she can't be fired, but she could be impeached for violating the court order). Maybe the potential loss of her pension would change her stance. We should also demand that her son be fired for refusing to do his job.
Gov Mike Huckabee just tweeted:
Kim Davis in federal custody removes all doubts about the criminalization of Christianity in this country. We must defend #ReligiousLiberty!
He's clearly confusing religious liberty with forcing one's religious beliefs on everyone else.
Let's turn this fiasco into an opportunity. Post your ideas below for shutting this nonsense down!