Kim Davis has done an admirable job of executing the portion of her job she could do, and respectfully declining on the part she cannot do, due to the legal chaos of the moment. The flawed and lawless decision of the SCOTUS in June has caused chaos. Between that lawless ruling, and the lawless command of the Kentucky governor to the state’s county clerks, and the lawless command of federal judge Bunning directly to Kim, she is between a rock and a hard place, yet she has taken a principled stand that is to be commended.
The Kentucky laws she is sworn to uphold have not been changed, and she is still upholding them. It would require a legislative response to the SCOTUS ruling to revise any Kentucky laws.
Furthermore, of the Kentucky laws that apply to clerks regarding marriage licenses, none of them pronounce any penalty for refusing to give out a license, but they do provide a misdemeanor penalty for giving a license to a couple who may not, per Kentucky law, constitute a marriage, and that includes a misdemeanor penalty for giving a license to partners of the same sex. Since the Kentucky legislature has not revised those codes, and no revisions or new laws by the Kentucky General Assembly have been signed into law by the Kentucky governor, it is simply too early in the process for same-sex couples to be demanding any licenses there, and it is wrong (see below) for either the governor or the judge to command such, given the current situation.
The state governor is sworn to uphold Kentucky law, which directs him (not just in some ruling, but in written, duly legislated and signed law — see the KY state Religious Freedom Restoration Act, or KY RFRA) to seek out a method of enacting the government’s goals in a way that is “least restrictive” of Kim Davis’ religious freedom. Ordering her to violate existing Kentucky laws and at the same time ordering her to violate her conscience, is not the least restrictive means to enact what he is presenting as a governmental goal.
Similarly, the federal judge is bound to abide by federal law, which requires him (not just in some ruling, but in written, duly legislated and signed law — see the federal Religious Freedom Restoration Act, or federal RFRA) to seek out a method of enacting the government’s goals in a way that is “least restrictive” of Kim Davis’ religious freedom. Ordering her to violate existing Kentucky laws and at the same time ordering her to violate her conscience, is not the least restrictive means to enact what he is presenting as a governmental goal. Jailing her is certainly not the least restrictive way.
Given the comparative ease of simply revising the marriage licenses by removing all clerks’ names from them, the accommodation she requested is quite reasonable, and both the governor and the judge violated existing laws in their actions and inactions. Since both were willing to abide by her being wrongfully incarcerated rather than accommodating her, I advocate for them to be impeached. I certainly urge protest over their violations against Kim Davis. In spite of calling for their impeachment, I have been fervently praying for them, and will continue. If you are not praying for them, you should be.
Ultimately, a pastor’s advice is of most value to fellow believers. Regarding believers, as per Romans 14, we are not to judge or condemn another believer regarding matters of conscience, even if, or rather especially when, his or her conviction of conscience differs from your own. The whole point of religious freedom is that not everyone’s religious convictions will match with yours, and we need to allow other believers, who may have stricter views than ours, to hold those views. That said, I don’t disagree with Sister Kim Davis on this. Even if I disagreed, I would still support her 100%. Even if you don’t agree with her views and position, I implore you to study Romans 14, and grant her the liberty to have a conviction you don’t share. Don’t bash her on social media. Support and pray for her, as well as praying for her state, her governor, her legislature, the judge, and the SCOTUS whose ruling caused the chaos we’re all enduring.