Written by Don Byrd
Writing for The Atlantic, law professor Garrett Epps takes on a religious liberty topic of current controversy: what are a government employee’s rights when acting in their official role? Should a county official whose faith is violated by issuing same-sex marriage licenses be allowed to refuse in the name of religious freedom?
Epps argues the answer is clearly no. He compares the clerk’s request to that of a military officer who objects to combat but wishes to remain in his role in the service. Here is an excerpt:
Is it possible to agree on what religious freedom is not? It’s not a right to wear a Marine uniform but refuse to fight. It’s not a right to be a county clerk and decide which citizens you will serve and which you won’t. . . . If a person can perform the duties of a job with some adjustment for religious belief, that’s an accommodation. If they’re not willing to do the job, they have to leave. That’s not just a requirement of law; honor requires it as well.
Government in particular has an obligation to dismiss any employee who claims a right to discriminate against citizens. It’s not good enough to say, “Go to another county if you want a license.” It’s not good enough to say, “I won’t let anyone get married.” Those aren’t a clerk’s decisions to make.
To be fair, there are significant differences between military combat and the administration of a clerk’s office. But Epps’ point about the obligations of government is well-taken.
He goes on to compare this kind of dispute involving government employees like Kentucky’s Kim Davis, to claims by private businesses like Colorado’s Masterpiece bakery, who object to providing services. Those claims, he says, “deserve serious consideration.”
The whole thing is worth a read.
