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Saturday, September 5, 2015

Why is Kim in Jail?



Kim Davis is the Kentucky clerk jailed for refusing to issue same sex marriage licenses. I'm trying to figure out why she's in jail. Of course, she could have complied with the court order and issued licenses, but she said her religion didn't allow that. That's fine. I can respect that.

But why is she in jail?

I don't understand how her office runs. Why wasn't she fired for not doing her job? The court ruled that it's her job to issue same sex licenses and she's not doing it. People get fired for not doing their jobs all the time. To be fair, the job requirements changed, but who hasn't worked at a job where the duties have changed.

She could have quit her job in protest. There's a long tradition of people doing that. Then again, maybe it's not so easy to just up and quit an $80,000/year job.

So I keep asking myself, why is Kim in jail?

Is it to protest same sex marriage. Fine. She's done that. If she thinks she'll be able to reverse the law of the land, she's delusional. I really hope that's not her thinking.

Of course, to me this is all a non issue. My state, New Hampshire, has had same sex marriage for years. There were a lot of dire predictions, but nothing's happened except some people who once could not get married are now married. It doesn't ruin my day. It's none of my business.

It may violate Kim's religion's beliefs and she's going to have to find a way to deal with that. Getting put in jail doesn't seem like the healthiest way to do that, but to each his own. Guess what, the United States is a secular nation. Every day I violate someone's religious belief, be it with my morning bacon, or my after dinner beer. I'm glad I can practice my own brand of belief and happy that other people's religious rules are not my own.

I try not to judge people's religious beliefs, but I don't let their beliefs run my life -at least in the US. If I was visiting a Theocracy, well then I'd expect to have to follow their rules.

I must admit, I'm a bit curious how this case will turn out. The one thing I do know for sure is that the won't reverse a ruling by the Supreme Court.


-Sixbears

13 comments:

  1. I would be more worried about what is going on behind closed doors at the White House.

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  2. She can't be fired. County Clerk is an elected position. The legislature would have to impeach her.

    And NO. We should worry about "behind closed doors" at the white house. Nothing as bad as letting Halliburton profit from mass murder is going to happen anytime soon.

    This clerk was denying people a legal right. It's like if you wwere denied a drivers license because you were black, or a woman. Or being denied a marriage license because you were divorced. She can't DO that.

    A court said she couldn't, she appealed and lost, the Goddamn SUPREME COURT refused to grant her a stay. The entire US legal system says she has to follow the law, and she still defied the law.

    She should have resigned, but as her favorite book that she never read says, Pride goeth before the fall.

    Have fun in you cell.

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    Replies
    1. I did not know it was an elected position. That makes things a bit more sticky.

      Delete
  3. It's simple: separation of church and state requires that she do her job and keep her beliefs to herself, which most religions don't seem able to comprehend or abide. While being elected protects her job, it doesn't protect what she sees as her "religious right" to dictate how others live their lives. ergo: to jail with her. I hope she took her bible.

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    Replies
    1. You take the emperor's coin you do the emperor's bidding.

      Delete
  4. Black's Law Dictionary - Marriage - Marriage, as distinguished from the agreement to marry and from the act of becoming married, Is the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex. 1 Bish. Mar. & Div.

    Black's Law Dictionary - partnership - A voluntary contract between two or more competent persons to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a proportional sharing of the profits and losses between them. Story, I’artn.

    According to Black's, she and everyone who is against same sex 'marriage' is correct in their protest of issuing 'marriage licenses' to same sex couples. If you look at dissolving a 'marriage' (divorce), contract law comes into play. A partnership agreement is dissolved.

    So, if the government wants to issue licenses they should be issuing licenses for partnerships not based on the sex of the parties involved.

    If you are asked to do something you find repugnant, the honorable thing to do is resign, if you can't find a work-around. I don't understand going to jail.

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    Replies
    1. My wife feels the same way you do about partnership and marriage.

      The honorable thing to do is to resign.

      Delete
  5. There's nothing respectful about calling someone's marriage a lie.

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  6. I am behind her a hundred percent and I see no reason for her to be in jail. I would have done the same thing!!

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    Replies
    1. If I felt the way she did I'd have resigned, but that's me.

      Delete
  7. EMS (medics from my company actually) and Boston hospital employees had to treat Dzokar Tsarnaev.(the Boston Marathon bomber) after his capture. As in provide life saving treatment for a man who murdered our friends. And nobody opted out, because we respect our calling.

    So fuck you if you don't want to sign a marriage license or bake a cake for a gay wedding.

    ReplyDelete