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Is there no way to accommodate the conscience of people like Kim Davis?
American Thinker ^ | 09/09/2015 | Dennis Saffran

Posted on 09/09/2015 7:51:22 AM PDT by SeekAndFind

It goes without saying, as many conservative commentators have argued (see here, here, and here), that liberals who wax sanctimoniously about the “rule of law” in condemning Rowan County, Kentucky, Clerk Kim Davis for illegally refusing to issue marriage licenses to same-sex couples, are being laughably inconsistent. The left cheered San Francisco Mayor Gavin Newsom for illegally granting marriage licenses to same-sex couples in 2004. They defend “sanctuary cities” that defy federal immigration law and local officials who refuse to comply with federal drug laws. In short, they are demonstrable hypocrites.

But, beyond agreement on this collateral point, social and religious conservatives are divided on Davis. Many, like Rod Dreher, have declined to climb on her bandwagon, while others, including David French and Maggie Gallagher, have rallied to her support, albeit with some apparent qualms. For example, Gallagher (a friend for whom I have great respect) has acknowledged that, for better or worse, in the wake of Obergefell same-sex couples cannot be denied licenses, but has argued that an accommodation should somehow be made for Davis – analogizing her situation to that of a prison doctor with religious objections to capital punishment who is required to perform lethal injection.

I would agree, and would argue that such an accommodation would probably be required by both Kentucky’s version of the Religious Freedom Restoration Act (RFRA) and Title VII of the federal Civil Rights Act (which require “reasonable accommodation” of an employee’s religious practices if it doesn't cause the employer undue hardship). If Davis were an employee in a large County Clerk’s office – so that if a gay couple walked in while she was on marriage license duty - she could easily swap tasks with another employee


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: conscience; gaymarriage; kimdavis

1 posted on 09/09/2015 7:51:22 AM PDT by SeekAndFind
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To: SeekAndFind

Stop having judicial tyranny from the SCOTUS?


2 posted on 09/09/2015 7:53:13 AM PDT by 2banana (My common ground with terrorists - they want to die for islam and we want to kill them)
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To: SeekAndFind

Of course not- she is the wrong religion

And some religions are more equal than others


3 posted on 09/09/2015 7:55:45 AM PDT by Mr. K (If it is HilLIARy -vs- Jeb! then I am writing-in Palin/Cruz)
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To: SeekAndFind

But, but, but the only laws that are important to this Admin and it’s sheeple are the ones that the Dems agree with. Any law that a Dem disagrees with is ‘bad law’ and can be broken. I have had this argument with Leftist relatives. I tell them ‘if you don’t like a law, then go through the proper channels to change it’. Crickets.....they don’t think it is a bad thing to break a ‘bad law’.


4 posted on 09/09/2015 7:57:21 AM PDT by originalbuckeye ("In a time of universal deceit, telling the truth is a revolutionary act." - George Orwell)
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To: SeekAndFind

5 posted on 09/09/2015 7:59:41 AM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: SeekAndFind
Laws have exceptions.....

Life of the mother

Self defense...

Conscience objector....

Put it into law. No law should make criminals of 50% of the population.

6 posted on 09/09/2015 8:10:44 AM PDT by Sacajaweau
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To: SeekAndFind

Apparently not...


7 posted on 09/09/2015 8:13:25 AM PDT by Old Sarge (I prep because DHS and FEMA told me it was a good idea...)
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To: SeekAndFind

Sure there is. Just treat em the way you do moslems when they demand public accommodation at airports and universities to wash their dirty feet, not to handle pork at the check stand, not to have a dog in a cab, etc...

Or do only camel jockeys get special treatment?


8 posted on 09/09/2015 8:14:47 AM PDT by DesertRhino (I was standing with a rifle, waiting for soviet paratroopers, but comSUrfmunists just ran for office)
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To: Sacajaweau
Put it into law. No law should make criminals of 50% of the population.

That's what I keep saying. Some accommodation must be made, or else... no Christian is going to be able to work in a BUNCH of government jobs.

What Kim is doing is, forcing the issue. Governments can move surprisingly quickly, when they WANT to. Remember the $1 TRILLION TARP bill that got passed in 24 hours?

But, all too often... someone has to apply some heat to get them to move. That is exactly what Kim Davis is doing.

9 posted on 09/09/2015 8:16:22 AM PDT by SomeCallMeTim ( The best minds are not in government. If any were, business would hire them!)
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To: originalbuckeye

You’re right. The ‘law’s the law’ doesn’t apply to Sanctuary Cities...


10 posted on 09/09/2015 8:24:48 AM PDT by GOPJ (Immigration, World Poverty and Gumballs https://www.youtube.com/watch?v=LPjzfGChGlE)
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To: SeekAndFind

NOT accommodating anyone with a different point of view is the ultimate goal! I realized this when watching the news last night and a gay man who was just married said through tears “now I feel like a person!”

So, we have the concept, almost universally found among all cultures and times, that the state should recognize, encourage and support family formation. And that, all other things being equal, a child is best raised by its biological parents. And that marriage between a man and a woman usefully channels behavior into supporting future generations.

All of this, according the US supreme court, is a violation of the Constitution. We must allow the union of two men or two women as a “marriage” to preserve the “dignity” of these people.

It’s a stamp of approval that they want. Accommodation? no way. The entire purpose is to delegitimize and crush any opposition.

Interesting how within ten weeks of the court decision a Christian was jailed in America. No, there’s more to it than that. But this may be the tip of the iceberg.


11 posted on 09/09/2015 9:05:51 AM PDT by cvq3842 (Thanks for all responses, and flames, in advance.)
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To: 2banana

The Supreme Court “opinion” violates The First Amendment
therefore; it is not valid!


12 posted on 09/09/2015 9:08:07 AM PDT by upcountryhorseman (An old fashioned conservative)
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To: SeekAndFind

liberals, democrats, socialist, don’t accommodate, they demand to be accommodated to. rinos also demand accommodation from most of us but are happy to accede to the liberals, democrats and socialist.


13 posted on 09/09/2015 9:33:30 AM PDT by duffee (No money to the Mississippi Republican Party as long as joe nosef is chairman)
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To: SeekAndFind

You can accommodate when you are one of many. If she was a deputy clerk, she could be excused from duties she has a moral objection to. Some other deputy could do them.

But she’s not a deputy. She is head of the office. The office has to do this. She must exercise her power in order to see that it is done.

There is no way to accommodate her objections with her job responsibilities. She is responsible for every license that comes out of her office.


14 posted on 09/09/2015 10:04:43 AM PDT by SoothingDave
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To: SeekAndFind

How do you accommodate judges who have no understanding of natural law, moral law, constitutional law, state law, or the proper relationship of judges to legislators to administrators?


15 posted on 09/09/2015 10:50:16 AM PDT by marron
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To: SoothingDave

RE: There is no way to accommodate her objections with her job responsibilities.

There is a way — PASS A LAW EXEMPTING PEOPLE LIKE HER and transferring the responsibility to people who have no religious objections.

North Carolina already passed such a law, what’s stopping Kentucky from doing the same?


16 posted on 09/09/2015 11:13:53 AM PDT by SeekAndFind (What is the difference between Obama and government bonds? Government bonds will mature someday)
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To: SoothingDave
She is responsible for every license that comes out of her office. . . .There is no way to accommodate her objections with her job responsibilities
. . . not because she got herself elected to a job she conscientiously objected to fulfilling, but because five judges in Washington decided - over the objections of four others - that the job she got herself elected to entailed behavior she considered obscene.
Congress should pass a law overriding the SCOTUS ruling - and stipulating
Article III Section 2 :
the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
that it is not reviewable by SCOTUS.

17 posted on 09/09/2015 11:19:51 AM PDT by conservatism_IS_compassion ('Liberalism' is a conspiracy against the public by wire-service journalism.)
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To: SeekAndFind

Yes, I meant accommodate without changing the flow of authority by changing state law.


18 posted on 09/09/2015 11:41:53 AM PDT by SoothingDave
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