How Kim Davis Violated The First Amendment by Denying a Marriage License


Point #1
Her refusal to issue marriage licenses to same-sex couples in Kentucky is, in their view, a matter of faith with which the government has no right to intervene.
She has to practice her religion on her own time. If she wants to pray at work, it has to be on her break or lunch times. If she was a Muslim, management could try to have someone cover her work area so she could pray at the correct times.
Point #2
The government isn’t allowed to pass any law, or take any action, “prohibiting the free exercise” of religion.
She has to adhere to the tasks of her job which is to issue marriage licenses. It is her own judgement that she should withhold licences to those she believes are not husband and wife according to her religious beliefs. The venue is not a church, it is a civil office, therefore, she has to issue the licenses. If she was a clerk in a church, she could object because it would violate religious doctrine and belief.
Point #3
The “Establishment Clause” prohibits the government from aiding or assisting any religion, or religious viewpoint, over any others. That means her point of view cannot be more important than the couple who sought the license.
She is a government employee charged with performing a clerical task (issuing a marriage license. If she were asked to perform a sex act at work, she could say that violates her religious beliefs. Issuance of a civil permit in compliance with civil laws is part of her job.
She feels strongly that she does not want to violate God's laws. Since secular laws DO in some cases violate his law, she should get another job where this is not a problem. Society has changed to the point where this is an issue, she needs to face that reality.
[Edited on 9/17/2015 by gina]
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