Equal Justice? We'll See

Kim Davis is the County Clerk of Rowan County, Kentucky. After the US Supreme Court declared gay marriage to be the law of the land in all fifty states, Ms. Davis refused to issue marriage licenses to gay couples. Based on her religious beliefs, Ms. Davis sought a stay, which was denied all the way up to the US Supreme Court. Thereafter, she still refused to issue licenses, citing her religious beliefs.

Now Ms. Davis must appear in Federal District Court Thursday morning, and face contempt charges as well as possible fines and imprisonment. Unlike the left, I respect Ms. Davis' religious beliefs. However, she has made a mistake. She refuses to resign her position, while also refusing to carry out the law. As a public official, it is her duty to execute the law; and as County Clerk she does not get to write the laws.

Resigning would allow her to not have to compromise her religious beliefs, albeit at the cost of losing her job. Adhering to one's beliefs does, at times, have negative consequences. I wonder if she will get off as easily as another public figure who broke the law.

In 2004, then San Francisco Mayor Gavin Newsom ordered the clerk for the city and county of San Francisco to issue marriage licenses to gay couples. At the time state law defined marriage as being between a man and a woman. State law controls over local or municipal ordinances and mayoral orders; just as federal law generally preempts state law. Mr. Newsom knew very well that he had no legal authority to supersede state law and issue marriage licenses. He did so nonetheless.

Mr. Newsom believed that to deny marriage licenses to gay couples was a denial of equal protection. But as San Francisco Mayor he had no authority to either write or interpret state law. After issuing several thousand licenses, the California Supreme Court ordered the mayor to stop, and declared the previously issued licenses to be void.

Having clearly violated state law, what punishment did Mr. Newsom face? No fines. No imprisonment. Instead, he went on to become Lieutenant Governor of California. When cities across the country declare that they are "sanctuary" cities, in violation of federal immigration laws, do those mayors and city council members in those sanctuary cities face fines and imprisonment? Of course not.

Admittedly, Mr. Newsom did stop issuing the marriage licenses to gay couples when ordered to do so. So he did not face contempt charges. But he knowingly violated state law with no negative consequences. It seems to this writer that one faces less risk when the violation of the law is on behalf of leftist causes. So tomorrow we will see if Ms. Davis gets a slap on the wrist only or is dealt with more harshly.

In declaring a constitutional right to gay marriage, Justice Kennedy wrote: "Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned."

In dissent, Justice Roberts wrote: "The majority graciously suggests that religious believers may continue to "advocate" and "teach" their views of marriage. The First Amendment guarantees, however, the freedom to "exercise" religion. Ominously, that is not a word the majority uses."