Tuesday, August 18, 2015

Judge gives anti-gay KY clerk a little leeway to lose yet again

Kim Davis
Those of us hoping for a swift resolution in the case of Kim Davis, the Kentucky clerk who refuses to give marriage licenses to gay couples, got disappointed yesterday.

From The Washington Blade:

A federal judge has given time to a Kentucky clerk seeking to appeal an order requiring her to issue marriage licenses to same-sex couples — but attorneys involved in the case are split on the meaning of the decision. In a seven-page order, U.S. District Judge David Bunning, an appointee of former President George W. Bush, denies a stay request from Rowan County Clerk Kim Davis on his earlier injunction requiring her to give marriage licenses at her offices to all couples — gay or straight — as litigation against her proceeds to the U.S. Sixth Circuit Court of Appeals.

 Following the U.S. Supreme Court ruling in favor of same-sex couples, Davis, an Apostolic Christian, enacted a “no licenses” policy in her office based on her religious beliefs for all couples seeking marriage license regardless of their sexual orientation. Bunning says he’s basing his denying of the stay on the perceived unlikelihood that she would succeed on appeal, dismissing arguments Davis would be harmed if she had to give marriage licenses to same-sex couples before the Sixth Circuit renders a decision.

 . . . But at the same time, citing “the constitutional issues involved, and realizing that emotions are running high on both sides of the debate,” Bunning issues decides to “temporarily stay this order” pending Davis’ appeal of the initial order to the Sixth Circuit. 

So Judge Bunning denied a stay request from Davis on his earlier injunction which required her to give out marriage licenses. However, he temporarily stayed THAT ruling because he is sure that the Six Circuit court won't overturn it.

Okay then.  Personally I'm not worried. 

It's just a matter of time before justice bends our way again. No doubt, the anti-gay right wants to exploit Davis as a martyr on the altar of religious liberty vs. the so-called radical gay agenda. But they picked the wrong person.

For as long as Davis holds out, people will not see a Christian forced to choose between her faith and her job. They will see a government official discriminating against those who pay her salary  while expecting to be paid for the trouble.

I like the way that looks and we should all do what we can to consistently hammer that image into the minds of Americans.

1 comment :

Tor said...

As an elected official, she is part of government, so the imposition of her religious beliefs on her constituents constitutes establishment. The First Amendment swings both ways.