Nel's New Day

September 8, 2015

Davis’ Rejection of LGBT Rights Not Unique

Chuck Todd celebrated his first year’s anniversary on Meet the Press last Sunday with more misinformation. In the interview with Colin Powell, one of George W. Bush’s Secretaries of State, cogently explained why the United States needs to follow through with the proposed Iran agreement. At the show’s end, however, came a discussion about U.S. cause célèbre, Kim Davis, the county clerk who become famous for her refusal to follow the land of the law.

Once again Todd showed his inability to do his research:

“This is the only place in the country that we’ve had this. Meaning that I think a lot of people thought there would be more clerks that wouldn’t do this.”

Doris Kearns Goodwin followed Todd’s lead and said, “All of our country, and other registrars, in other counties, people have gone issuing marriage licenses. And that’s the important thing to understand, that that social movement created an acceptance.” Even revered television journalist Tom Brokaw expressed ignorance about marriage-equality problems since the decision:

“I think acceptance of same-sex marriage is so outrunning the opposition that it’s game over, quite honestly. This was an exception down there.”

What makes Kim Davis unique is that she is the only person who went to jail because of her refusal, contempt of court for not following a judge’s order. Across the nation, however, government officials are refusing marriage services to same-gender couples. Both North Carolina and Utah allow judges to not perform any marriages if same-gender ceremonies violate the judges’ “religious beliefs.” An Oregon judge, Vance Day, is also refusing to perform marriages. He is not required to do so by state law, but he clearly stated that he had stopped marrying people because of his “religious” opposition to same-sex marriages.

Alabama Probate Judge Nick Williams ordered his deputies in Washington County not to issue any licenses at all since the court’s June decision. In Pike County (AL), Probate Judge Wes Allen said that the law does not require county officials to issue marriage licenses.

Immediately after the Supreme Court ruling, Texas AG Ken Paxton told government officials that they could refuse to issue marriage licenses to same-gender couples on religious grounds. Granbury (TX) lost $43,872.10 in attorney’s fees because Hood County Clerk Katie Lang refused to issue a license to residents Joe Stapleton and Jim Cato, partners for 27 years. A federal court judge forced Lang to issue the license, but the settlement of the case cost the taxpayers. Lang’s website states that she doesn’t agree with same-sex marriage, but she is now allowing deputies in her office to issue the licenses.

In Texas, two counties have not confirmed that they will issue marriage licenses to same-gender couples. “We are not going to discuss marriage policy over the phone. If a couple comes in to apply, we will discuss it at that time,” said Molly Criner, a clerk in Irion County, 200 miles northwest of Austin.

Several Kentucky clerks initially refused to issue any marriage license, included the president of the Kentucky County Clerks Association. By now the number is probably down to two clerks—both named Davis. Casey County Casey Davis said that he might be willing to die to avoid issuing a marriage license to a same-gender couple. Kentucky considers it a Class A misdemeanor, a first-degree official misconduct, if “a public servant … refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office.”

Fifty years ago, white people dominated the media, and black issues were largely underrepresented. On Meet the Press, three straight people decided that discrimination against LGBT people is “game over.” Same-gender couples face discrimination across the nation, and the mainstream media doesn’t report it because journalists are ignorant.

Several GOP presidential candidates have rushed to support Kim Davis. Yet a Supreme Court decision in Garcetti v. Ceballo (2006) limited free speech protections for government employees when they are on the job. Justice Anthony Kennedy wrote that a public official is only protected only when engaged in an issue as a private citizen, not if it is expressed as part of the official’s public duties. Government employers must comply with the central duties of their jobs. As for the states with laws that permit judges their choices of whether to comply with their responsibilities, Katherine Franke, a Columbia University law professor, said that government officials “don’t have a First Amendment right to pick and choose which parts of the job they are going to do.”

cruzDetermined to out-perform Donald Trump, both GOP presidential candidates Mike Huckabee and Ted Cruz rushed to Grayson (KY) when the judge announced he was releasing Davis if she performed her job. Huckabee was front and center while one of his aides blocked Cruz from speaking to the media. (A video of the encounter is available here.)

In releasing Davis, the judge mandated that she “not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples.” According to Davis’ lawyer, Davis would go back to work on tomorrow or the next day and “would not violate her conscience.”

More legal problems may come from the rally. Composers for rock band Survivor were offended by the use of “Eye of the Tiger” in the Grayson circus without permission. Jim Peterik wrote:

“I was very surprised and dismayed at the misuse of the song I co-wrote with Frankie Sullivan for Rocky lll. The song has motivated thousands through the years to reach beyond their limits. Its use for the release of Kim Davis does not support my views or my politics. I have contacted my publishers to make sure this usage is stopped immediately.”

Sullivan was more blunt in his Facebook post: “NO! We did not grant Kim Davis any rights to use ‘My Tune — The Eye Of The Tiger.’ I would not grant her the rights to use Charmin!” In 2012, Sullivan sued Newt Gingrich for using the piece during campaign events.

Even Fox network disagrees with Kim Davis’ position. A panel of legal experts agreed that Davis’ attorney, Mat Staver, is “ridiculously stupid” for his claim that the Supreme Court cannot legally strike down same-sex marriage bans. Trial attorney Chip Merlin said that anyone who violates a judge’s order should “expect to be thrown in jail.” Criminal defense attorney Sharon Liko added, “She’s applying for the job of a martyr. She wants to practice her faith by not issuing marriage licenses. Yet, she will not agree to let the deputy county clerks issue marriage licenses even if it’s okay with their faith.”

Fox News host Gregg Jarrett explained:

“When she took the job she swore to uphold the law. We rely on government officials to do that. They can’t just pick and choose what laws they like, which ones they don’t. If they were allowed to do that, wouldn’t that lead to chaos, anarchy and so forth?”

The consensus was that Davis “can either follow the law—she can do her job—or she can get out.”

Staver went on Wallbuilders.com to rile his followers and said that marriage licenses for same-gender couples will “grant a license to engage in pornography, to grant a license to sodomize children or something of that nature.”

Kim Davis is not paying fines or legal fees, and she’s getting her usual salary. Yet the conservative anti-marriage equality group National Organization for Marriage (NOM) is using her name for fund-raising. The group’s statement began, “I am writing you today with a more personal request, something unrelated to NOM. Kim and her family face a very uncertain future.” It goes on to explain that NOM has joined ActRight.com  “to create a special crowdsourcing fund whose proceeds will go directly to Kim Davis” and asks for “a generous contribution to the Kim Davis Fund.” It promises to make funds “available” to her and “to support her family while she sits in jail.” [And continues to draw her salary for not doing her job.

During live coverage of Davis’ release from jail, anchor Shephard Smith spoke up with an amazingly rational assessment of those who support her refusal to issue marriage licenses:

“They set this up as a religious play again. This is the same crowd that says, ‘We don’t want Sharia law, don’t let them tell us what to do, keep their religion out of our lives and out of our government.’ Well, here we go again.”

Discussing the Supreme Court decision legalizing marriage equality, he said, “This is not unprecedented. They did it when they said black and white people couldn’t marry.”

He concluded, “Haters are going to hate. We thought what this woman wanted was an accommodation, which they’ve granted her, something that worked for everybody. But it’s not what they want.”

 

Amazing!

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