Written by Don Byrd
[UPDATE 8/18: Judge Bunning agreed to stay the ruling to allow Davis to appeal to the 6th Circuit.]
A federal judge in the Eastern District of Kentucky rejected the religious freedom arguments of the Rowan County Clerk, Kim Davis. Davis refused to perform marriages because of her religious objection to same-sex marriage, citing protection under both the First Amendment’s Free Exercise clause and the state’s Religious Freedom Restoration Act (RFRA), among others. The judge ruled that neither religious liberty provision excuses her from performing her duties as clerk.
Here are excerpts from the opinion:
The State certainly has an obligation to “observe the basic free exercise rights of its employees,” but this is not the extent of its concerns. In fact, the State has some priorities that run contrary to Davis’ proffered state interest. Chief among these is its interest in preventing Establishment Clause violations. Davis has arguably committed such a violation by openly adopting a policy that promotes her own religious convictions at the expenses of others. . .
The State also has a countervailing interest in upholding the rule of law. Our form of government will not survive unless we, as a society, agree to respect the U.S. Supreme Court’s decisions, regardless of our personal opinions. Davis is certainly free to disagree with the Court’s opinion, as many Americans likely do, but that does not excuse her from complying with it. To hold otherwise would set a dangerous precedent.
…
Davis is simply being asked to signify that couples meet the legal requirements to marry. The State is not asking her to condone same-sex unions on moral or religious grounds, nor is it restricting her from engaging in a variety of religious activities. Davis remains free to practice her Apostolic Christian beliefs. She may continue to attend church twice a week, participate in Bible Study and minister to female inmates at the Rowan County Jail. She is even free to believe that marriage is a union between one man and one woman, as many Americans do. However, her religious convictions cannot excuse her from performing the duties that she took an oath to perform as Rowan County Clerk.
According to the Associated Press report, Davis has filed a notice of appeal.
