September 8, 2015 Huffpost
Religion
Christian writer, activist, and
speaker at the intersections of spirituality, sexuality, and social renewal.
How Kim Davis's Imprisonment Is A Win for Religious
Freedom
It finally happened. On the morning of September 3, 2015, Federal Marshalls
placed Kim Davis, the Kentucky clerk who refused to issue marriage licenses to
LGBTQ couples, under arrest for contempt of court. Davis had been refusing to
issue licenses in her county for weeks, arguing that she shouldn't be forced to
issue licenses to same-sex couples because it violated her Christian faith. Her
case made it all the way to the Supreme Court, who turned down her ruling, and
she was ordered by Judge David Bunning to continue issuing marriage licenses in
accordance with both the law and her stated responsibilities as an agent of the
state. After continuing to refuse to submit to Judge Bunning's orders, Kim was
finally arrested, removing her from her position as county clerk.
As soon as the news of Davis's
arrest broke, conservative Christians began referring to Davis as a
"martyr", claiming that her arrest crossed the line into persecution
because of her Christian faith. As an evangelical myself, I want to suggest a
different perspective than the one many of my other brothers and sisters have
been offering. I believe that Kim Davis's arrest is neither persecution or an
impingement on her religious liberties. In fact, I believe her arrest actually
strengthens religious liberty nation wide.
Religious Liberty is a concept that
is based on the First Amendment of the Constitution which states "Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof ..." It is the fundamental principle that ensures
that all Americans will be able to practice their religious convictions freely
and openly without fear of government regulation or prohibition. It is also the
principle that bolsters the idea of the separation of Church and State. While
religious institutions are guaranteed protections against any government
regulation or involvement in their religious life, the government is also
protected from religious institutions attempt to garner political power over
the nation. What this means is that anyone who functions as an agent of the
state must remain religiously neutral, providing equal service, treatment, and
rights to all people of all religious, ethical, social, and cultural
backgrounds.
This separation is one of the
fundamental pillars of American society. The Church will never overtake the
government and the government will never overtake the Church. This is what our
founding fathers fought for. This is what it means to be an American. And Kim
Davis posed a great threat to the religious liberties of our nation by refusing
to carry out her duties as an agent of the state, issuing marriage licenses to all
couples, regardless of their sexuality or gender identity. Davis forced her
Christian faith on the people of Rowan County, and violated their right to be
able to receive equal treatment from the government, regardless of their
sexuality, race, religion, or values. If Davis was able to continue serving as
the county clerk, she could, in theory, continue to refuse to grant marriages
licenses or provide services to everyone she disagrees with, which would, in
effect, completely dissolve the religious freedoms of the people in her county.
For those who struggle to see my
point, think of this in another situation. What if Kim Davis believed, based on
her religious convictions, that guns should be outlawed. And because of that,
she refused to grant gun licenses to those who tried to obtain them legally
through the court, claiming that issuing gun license violated her conscience.
Would that not be a clear violation of both the first and second amendments?
And if she was allowed to continue serving as clerk while holding such views,
would it not pose a serious threat to the first and second amendment rights of
the people of Rowan County? Of course it would. And our argument would be that
Davis has not right imposing her religious, moral, or political beliefs on any person
in her county. Instead, as an agent of the state, she should either do her job
neutrally or quit.
The fact that Kim Davis was taken to
jail instead of fined is a question of major controversy. Many people believe
that this action is too extreme. She should have been fined, many will argue.
However, when we consider that Kim Davis has raised thousands of dollars on
Indiegogo and has the backing of many extreme right-winged religious and
political organizations, it becomes clear that fining her would have done
virtually nothing. Kim received a legal order from her superiors to continue
issuing marriage licenses in accordance with the law, and she refused. It is
not uncommon, in contempt of court cases, for a judge to order jail time.
Therefore, Kim's situation is actually not unique. It's not extreme. It's
actually quite common. And her imprisonment serves as a warning to those in
power who seek to impose their religious beliefs on their constituency. It's a
violation of the foundational principles of our country, and there will be
legal consequences.
It is easy to spin Kim Davis's story
as one of persecution. It's easy to get on FOX News and warn pastors that this
is what's coming for them if they refuse to perform same-sex marriage. But to
do so would be dishonest. Because the reality is that Kim Davis is not being
persecuted for her faith, she is reaping the consequences of refusing to do her
job as an agent of the state. Davis is welcome to hold her beliefs as tightly
as she would like, but when she is at work, she needs to do her job. If her job
violates her conscience, then she should quit, because imposing her beliefs on
the people of Rowan County is not an option. It's a violation of one of the
highest and most sacred American values: Religious Liberty. And all those
who seek to protect and defend American's rights to freely practice their faith
without fear of government regulation should be standing firmly against Davis's
actions.
Follow Brandan Robertson on Twitter:
www.twitter.com/BrandanJR
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