Thursday, September 03, 2015

Totally unsurprising news: Using religion to justify your contempt of court doesn't work

So Kim Davis is going to jail for contempt of court for refusing to comply with a former judicial decision saying that she had to issue same-sex marriage licenses to same-sex couples who apply for them and are legally allowed to get married, despite what personally held religious belief she might have.

The Liberty Counsel, who is representing her, had a rather silly rationale as to why she shouldn't be held in contempt: she was incapable of doing her job.

No, I'm serious; their whole argument was that she was incapable of doing her job as county clerk, because her religion didn't allow her to comply with the law.

Yeah... the judge didn't buy that either.

What the judge did was to put her in jail, saying that fines would unlikely force her to comply with an order that she was already choosing not to comply with. One additional benefit of putting her in jail would be that the county clerk would then actually be incapable of doing her job (since she would be in jail), allowing the county's judge executive to issue marriage licenses.

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