Law vs. Religion

01

Recently there has been the case of Kim Davis, the county clerk in Kentucky who refused to give a same sex couples a marriage license. With the recent Supreme Court decision that letting people who are attracted to the same sex not being allowed to marry was ruled invalid she was obligated to also give same sex couples marriage licenses but she refused to do so because of her deeply held personal beliefs, she is a Christian and the bible condones homosexuality as said in for instance Leviticus which is the most used passage from the bible against homosexuality. A few days ago she was put in jail for contempt of the court because of her refusal to give marriage licenses to same sex couples.  Right wing is now yelling religious persecution because she was jailed for her religious belief according to them which is obviously incorrect, she was jailed because of her refusal to do her job as a government official and her contempt of court.

Kim Davis is in her fourth marriage and was divorced three times. She also was pregnant from her twins when she was married to her first husband, the father of those twins was not the first husband, not the second  but the future third husband. She cheated on her husband with a man, got a child with him and did not marry that man but yet another man, her second husband to later divorce him and marry the father of her twins who she later also divorced. She claims religion to judge homosexuality while what she has done cheating on her husband, having a child out of wedlock and divorcing is also against what the bible says. She used Sanctity of marriage and that it is between a man and a woman yet with her record of marriage, cheating and having illegitimate child out of wedlock she is not one to speak. Fact is that 50% of marriage end in divorce, According to research finds that Atheist marriages generally last longer than those of marriages of theist.

Kim Davis was elected as county Clerk in Kentucky and has sworn to obey the law both state and federal laws. She works for the state and sworn to obey the law and serve the people but with her refusing to give marriage licenses to same sex couples she did not comply with the law and with the Supreme Court ruling that bans on same sex marriages aren’t allowed. She cited deeply held religious beliefs as her reason to do so but there is one problem she works for the government and as such her personal are irrelevant. As democratically elected official you represent the state and as a  representative of the state she should not let her personal religious beliefs interfere with her job. Her religion is her personal beliefs which she has a right to have but it does not mean she is allowed to discriminate or refuse to to give marriage licenses not in her position. If she cannot differentiate between her personal beliefs and her job representing the state she should be or resign to be removed. Seeing she is officially elected she cannot just be fired but she should be removed from her position. She was given a solution by letting one of the deputy clerk handling the cases of same sex couples but she refused to let them do that either. Her refusal and refusing a solution in which on of deputies doing it and letting them do their job just shows her contempt of the court decision, no public official is above the rule of law.

Christians are yelling persecution and oppression because Kim Davis was put in jail for contempt of court, according to them because of her religious conviction but like said they are unable to see the fact that it was done because of her own action and her contempt of the court. While  70% of the country, 99% of the people representing them being Christians in executive and legislative branch on both federal and state level are Christians they still like to claim oppression any opportunity when they do not get their way. . Just because you do not get your way does not mean you are oppressed or that you’re being bullied It’s just Christians acting like toddlers throwing hissy fits and tampers when they do not get what they want. Christians are very good at being victims any time things don’t go their way.  The Christians right claim to be tolerant and that Liberals are being intolerant against religion while the opposite is true, the fact is that Christian Conservative fought tooth and nail against African Americans getting equal rights, fought against Woman getting equal rights, fighting against gay people getting equal rights. Liberals are intolerant and are persecuting religious people especially Christians according to them but the case of the matter is that Liberals are the ones that stand up for for a minority (in this case gay people) to be given equal rights. Your religion or your religious freedom does not give you the right to discriminate or to treat people differently. Your religion is not a free card to to whatever you want and if you do not get your way say you’re religious freedom are being limited. You religious right does not override other people’s right to be treated equally. Your first amendment right is not more important than the fourteenth amendment right for everybody to be treated equally. She is  pushing your religion upon others and refusing to serve people and treat people differently because of your religion using her position as state official. Constitution says that all should be treated equally in the Fourteenth Amendment your religion is no excuse to not do so, your first amendment religious freedom does not supercede other people’s right to be treated equally as said in Fourteenth Amendment.

Right wing Christian are very much so against Muslims in these kind of discussion even though they have nothing to do with this they like to involve Muslims in the discussion with look what they do and how they treat gay people. Domestically Muslims only make up 2% of the population while 70% of the population is Christian. They point out they people are coming after Christians and not Muslims but the reason that seems that way is because a huge majority of the country is Christian and not Muslim and because they are the majority they bear the brunt of the criticism. That Christians get the brunt of the criticism does not mean that the same goes for Muslims even though there are claims being made otherwise. What happens elsewhere in Muslim countries like for instance beheading people and killing of gay people has no bearing on  this case, we could also list all the things Christians are doing and have done in other countries and the list would be equally wrong but also has no bearing on this case.  An examples that is often used in this story of the Muslim stewardess who refused to hand out alcohol and Muslim truck driver suing  after being fired for refusing to transport alcohol. The right wing like to say those are exactly the same thing but ofcourse not both cases are not comparable to Kim Davis seeing those persons were working for a private company and Kim Davis is an elected official who swore a oath to obey the law .

Some argue that God laws are not more important than the constitution and our laws, this rhetoric also used by presidential candidates like for instance Ted Cruz who want to turn America in a theocracy. Ted Cruz who claims to be a constitutionalist forgets that the constitution says that “Congress shall make no law respecting an establishment of religion” which makes it very clear that what Christian Far right making America into a theocracy is against the constitution but just does not give a damn about that. The right wing are very Muslim and countries that have laws based on the Koran yet on the other hand they want America to be based on biblical law which is doing the exact same thing like the Muslims. Same goes for religious freedom, they want religious freedom in America for Christians yet when it comes to religious freedom of other religions especially for Muslims then they suddenly have to “go back to their own country” even though they were born and raised here. There is a clear double standard with it comes with their own religion and when it comes to other religions particularly Islam.

Another argument is that the Supreme Court decision was not valid because they are not allowed to make laws, this is an argument often used by the right wing when it comes to marriage equality. The court is part of the trias politica Judicial Branch and one of the task of the  Judicial Branch is to exercises judicial review, reviewing the constitutionality of laws which is what the Supreme Court decision exactly did when they ruled that bans on marriage for same sex couples is not valid based on the fourteenth amendment of the constitution. They did not make any law, they just invalided any law that discriminate people who want to marry somebody from the same gender. Something similar was done fifty years ago in the Loving v. Virginia case when Supreme Court made the decision which invalidated laws prohibiting interracial marriage except now it’s not two people who have different skin color but it is two people of the same sex. The Loving v. Virginia case was used in precedent for the Obergefell v. Hodges case in which the result was that bans in gay marriage where invalid. If the Obergefell v. Hodges results was a example of Judicial activism so should the Loving v. Virginia case be and the Christian right should also be against the overturning of interracial marriage which ofcourse only a very small faction of the people think that should be the case. The Supreme Court did not make a law they did judicial review as what they are for and Kim Davis as a elected official who sworn a oath just has to upheld the law.

Even though Christian act like they are victims claiming they are being persecuted and that they will lose their religious freedom for years they still have not lost any of their actually religious freedom, they still are free to have their religion, they are free to go to church and to worship whoever they want if it is God, Allah or whatever other god you pray to. Your religious freedom does not mean you can intrude on another persons freedom, your religious freedom does not give you the right to trample of other persons freedom, If Christianity doesn’t want their Religious Freedom infringed then they shouldn’t be trying to infringe the (religious) freedoms of entire populations as in this county.

 

Article by Ronald

Jack of all trades, master of none | Semi Professional Disappointer | Experienced Procrastinator | Card carrying homosexual | Militant Atheist | Raging Progressive |