I will add to these through the day and maybe into tomorrow. For now, between yard work and naps, I am researching some of the claims made by David Barton (see links below) and trying for myself to figure out what reasonable religious accommodations would look like in this situation.
While I don’t agree with Davis, I think these kind of cases are incredibly interesting. I believe that religious accommodations need to be considered (see Volokh’s article linked below) in her case.
David Barton has been in rare form over this matter. He has incorrectly said that God’s law trumps man’s law in a republic, that God’s law should be followed before the Constitution and that judges can’t compel arrests of people in contempt of court.
Sense:
Thoughtful article by Eugene Volokh on religious accommodations
GOP presidential candidate John Kasich on Kim Davis
Why Kim Davis is no hero to religious liberty
Good summary of why KY law may prevent a religious accommodation
Nonsense:
David Barton 1 – Barton’s assertion that a republic is about God’s law trumping man’s law.
David Barton 2 – Barton says courts can’t order a person to court. The U.S. Code says differently. See also this helpful summary.
David Barton 3 – Three reasons why Christians who think Davis should do her job are wrong.
Mike Huckabee’s Rally
Tag: Kim Davis
David Barton Explains Why Kim Davis Shouldn't Be in Jail
Caution, alt-reality alert.
On Glenn Beck’s Facebook page, David Barton explains it all (the FB embed feature isn’t working consistently so I have embedded the video at the end of the post).
David Barton explains Kim Davis, the four kinds of law and why she should not be in Jail.Interesting perspective that I haven't heard.#kimdavis
Posted by Glenn Beck on Friday, September 4, 2015
Class, any thoughts?
(In case the Facebook embed doesn’t work, here it is)
This, of course, is a mess. Barton first wrongly says “the Founding Fathers” (as if they all thought alike) “made it real clear that the laws of God are higher than the laws of man.” If that was so, then why doesn’t the Constitution say that? The Constitution declares itself, not a particular interpretation of the Bible, to be the law of the land.
Then Barton implies that a republic is different from a democracy because God’s laws are higher than man’s laws; and then something about France. Barton is rare form here and couldn’t be more wrong.
What is truly worrisome is that so many people hear this and think it is a brilliant analysis.
If anything, Kim Davis sought to impose her religious views on same-sex couples who do not share them.
For more on this, see this post: On the Kim Davis Controversy: Should a Christian Judge Refuse to Grant a Divorce Decree?
On the Kim Davis Controversy: Should a Christian Judge Refuse to Grant a Divorce Decree?
On his blog, evangelical Judge Tim Fall addresses the situation of being required to grant divorce decrees.
Let’s choose a different situation. My understanding of the Bible says divorce is prohibited except when certain circumstances exist. Can I refuse to grant a divorce decree for a couple who meets the legal requirements for marital dissolution but who do not meet the biblical requirements?
He says he grants a divorce if the couple meets the legal requirements:
On a divorce case, I check the paperwork and if the people meet the legal requirements for a divorce I grant it. I look on the decree as a judicial declaration that these people are entitled to a divorce under the laws of my state. I take this seriously and sign only those papers that meet every requirement.
He also addresses his stance on marrying gay couples which you can read at his blog.
Fall cites Scripture demonstrating that God doesn’t favor divorce. Will Christians now begin refusing to do their jobs regarding the legal aspects of terminating a marriage?
As Fall points out in his article, there has been no call from Christian leaders to block divorces based on conscience. To me, this lack of consistency is an indicator that Davis is being used by her handlers and other Christian leaders to rouse the rabble and create the appearance of persecution.
UPDATE: A TN judge wants a place in the limelight; denies a straight couple a divorce and blames the same-sex marriage ruling for his stance.
Judge Who Sent KY Clerk Kim Davis to Jail was Appointed by G.W. Bush and Disagreed with Supreme Court Decision on Marriage
David Bunning, the judge who sent KY clerk Kim Davis to federal custody is a Republican son of a Republican former Senator and according to his mother did not agree with the Supreme Court decision on gay marriage.
Bunning’s dad was popular baseball player and Senator Jim Bunning. He is known as a careful jurist and conservative person who jailed Davis because she would likely be able to pay her fines with supporters’ money.
Davis was jailed earlier today because she refuses to issues marriage licenses to same-sex couples.
Religious right political figures have come to her defense, saying she is suffering for her faith. I think she is getting bad advice from her handlers. I don’t see how every county official’s religious beliefs can be accommodated in such matters. Presumably, if consistent, Davis does not believe in believers and unbelievers being married. Would her supporters advocate for her right to refuse a license to religiously mixed marriages?
According to local media coverage, Bunning raised his own religious beliefs in court:
Bunning said he’s Catholic and the Catholic church says you must have an annulment before you can get remarried. He asked: What would prevent a Catholic clerk from not issuing a marriage license to a divorced person?
Exactly.
We are not governed by sectarian interpretations of any Scripture.