I think it is going to be very difficult to prevail with a religious liberty argument. She wasn’t conscripted, she was elected to perform an administrative duty which by necessity must be performed impartially, this necessity was understood when the job was accepted.
A far better argument, one that is more likely to prevail and is more justifiable, is to reject the illegal order of the court which no one is bound to obey.
For the moment I will stipulate to this part of the holding: “there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character”, however this part goes too far, “The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States.” The USSC has no authority to commandeer the legislative process of the States, Kentucky can not be forced to issue marriage licenses contrary to its laws or to have it’s laws written for them by the federal Supreme Court.
You sure?
The Feds have been bribing, extorting and threatening States for a LONG time now!
It is not simply restricted to a religious aspect, but any moral objections. That whenever the job description of someone radically changes, whether it be defining marriage as now including the union of two or more of the same gender, or btwn humans and animals, or a issuing licenses to cut hair is expanded to include the whole head, or simply to affirm support of company policy of LGBT support, then all who have moral objections must be justly forced into immediate unemployment, with no recourse to be excused from being a party to such.
And Davis is not alone. Thank God. The police who arrested here need to have her strength and convictions against a perverse judiciary.